Loading...
HomeMy WebLinkAboutAgenda Packet 09/26/1989 v , v ail Lee Mudgett s 3125 Ardillaa Road Atascadero, Calif 93422 September 26, 1989 Mr. Chairman andMembers of the Atascadero City Council This statement is regarding Drainage, r'jr-osion, and Seismic Hazard. =, Thank you for giving me this opportunity to hear of my anger and deep concern about two components of our State required Safety Element,- the nine year lack of a City-wide Drainage Plan, and the lack of heeding the excellent Seismic, Landslide, and Geological component in our Safety Element. Only having the General Plan for one day previous to my August 24th Statement I did not spot that one inch, powerful paragraph on page 116, mandating a comprehensive flood control and drainage system for the Colony of Atascadero, which was to be combined with the street and sewer improvements. On August 24th I spoke only from my sense of what-a city drainage system should be. In my 19th Statement to the Planning Commission I emphasized the nine year lack of that component of the Safety Element. Mrs. Karen Caniarlio, a neighbor on our Block, and I spent two hours with Mr. Sensebauath on the 15th, during which he said that the City was too poor for a --- combination of City wide Drainage with the Street and Sewer Improvements. In fact, he said that neither the City Council nor the Planning Commission had authority over his work, - that the only relationship was with the budget. Is that true? Do you have only the power of the purse strings over Mr. Sensebaugh? It j,-as not drainage that aroused my anger before our meeting on August 24th with :qtr. Windsor, Mrs. Bora=eson, and Mr. Sensebaugh with my Block neiaghbors. It was what I had read about seismic activity on the hill above me BEFCRE my Purchase of the General Plan. I read/in a copy of the 1977 Advisory Report, loaned to me by my neighbor Dolores Berry. After my purchase of the General Plan, for twenty dollars, she and I compared the 1977 Report with the General Plan and found that the scientific Advisory Report had been incorporated into i 2 the General Plan, with its maps and tables. When I read what then became Faze 139 of the General Plan, I was truly alarmed. I quote: "Thouarhtful Land Use decisions are fundamental to seismic safety. We should not erect a structure or carry out_-;grading on ground that is subject to high levels of seismic activity, or other geologic hazards until the conse- quences have been evaluated and the work approved by competent professionals. To this end no structure should be built unless geologists, architects, soil engineers, and builders, AS WELL AS THE COMMUNITY ARE SATISFIED THAT ADEQUATE STANDARDS DESIGNED TO PREVENT LIFE THREATENING COLLAPSE OR DAMAGE IN FUTURE EARTHQUAKES." Unquote. The emphasis is mine. See �!� pages;22,24,and 141. The Table of Contents in the General Plan indicates in Chaters X and XJ, from pante 133 to 14 6, thirteen pages no less, that THAT portion of our Safety Element was well researched and made a part of the General Plan. WHY has it not been heeded? WHY are lots being sold on that unstable hill despite the great safety warning of our General Plan? Is it not exposing people and structures to geologic hazards? CES covers that: . See page 299 for the list of Significant Effects! I have also read in my own search that development is not a right, but a priviledare. Much knowledge has come to light and many laws have been enacted since 1914, when Mx. Lewis plotted those beautiful lots on that hill above us. When Mr. Sensebaugh in his response to my August 24th Statement stated, "I do not read the General Plan." I was deeply shocked and I said as much that day to him and the group. I have not gotten over being shocked that our City Engineer would contemptiously dismiss my quotes from the General Plan, this City's Constitution: I shall briefly go over my Statements and Letters for the main points: When I first called the City a-, ia*ineer I asked for a copy of the State Law on Grading and Bulldozing_ . I knew one existed. Mr. Sensebaugh came out without a copy 11 of either the State Law or the City Ordinance. When I complained, Mr. Barnes the engineer/Owner in chaste of the bulldozing said, "Mrs. Mudgett, I don't have to have a copy of the law. I just go to the city." To which I responded, "I like to do my own reading." 3 Two or three days later I received from Mr. De Camp a copy of Page 763 of the Uniform Building Code with the yellow pencil underlining u Section 7003 and Point 8, Which allowed the bulldozing with no permit if the cuts were under two feet. HOWEVER, I read Point 1, which in effect says a permit IS required if damage is apparent to private property. Pulverizing alluvial soil above my property just before the rainy season invites a sea of mud down on my property. QUESTIONS: Why was Point One skipped? Why also did he skip the deep grading being done south of me on the side of that steep hill, to dig out a road? There was NO permit for that? See pages 21 and 141 of the General Plan. K N I go to Page One of �.r. Windsors August 31st reply to my August 24 Statement. ` I'll mention the 3rd line in Paragraph 3. I quote: "The zoning ordinance con- tains Section, etc.,, which declare as categorically exempt from CEQA proposed grading on terrain with slope$ LESS than 20%, that will involve less than 5,000 cubic yards of earth _moving." Unquote. I turned to Page 21 of the General Plan! The part of the map in gray indicates $orpes GREATER THAN 30%, and: I found that the hill above us was all in gray! SO, CEQA is NOT categorically- exempt! Was this pure deceit to agreyhead, who could not possibly know the percentages of grades? Or know where to find the State and City law for its application? Or is it just that ASr aosn t read or study our General Plan either? On page 2 of his letter he indicates ONLY a Drainage Plan is needed to go ahead on that major grading for a road on that unstable hill! See pages 22 and 24. On August 31st, Mr. Windsor included a copy of the 1986 Contract on Atascadero y� Road Construction with Mr. Gordon Davis with Mr. Btl Sensebaugh, signing. I i` have asked for the files on that contract on that high risk hill project. See my September 4th letter to Mr. Windsor about our City daring to approve building and grading on that unstable hill. I wrote to him that our City Council should not deceive buyers of lots on that beautiful hill, when our General Plan calls ►' it a po6tential seismic hazard. YY September 9th letter: No response has been made to correct bulldozing and fill-in of an old ddep, natural ditch, whidh has been the result of years of 4 drainage from the high curve in the hill above, with the run-off converging into that natural drain. Nor has anything been planted on the hill above us, which the City allowed to be cleared and pulverized. And the rainy season approaches. This City faces law suits as a result of its ignoring the safety rights of its citizens, simply because two components of our Safety Element haYtbeen ignored. Finally in desparation, because my questions and requests to see the files were not being answered, I sent a certified letter to Mayor Rollin Dexter, on September 13. I have not received a reply as yet. I, as a citizen of this City have the right to the public information of our City Government. Since now I address my complaints to you, the City Council, I shall quote a portion of my letter to Mayor Dexter: "Did the Sensebauah/Davis Contract ignore the advice and strictcures of the 1969 California Environmental (Ality Act and of our own 1980 General Plan? And did the City Council ignore the General Plan, too, when they approved that 1986 Road Contract? Do you not have the power of the budget over our City Engineer? Mr. Sensebaugh said to me on the 15th, that the Budget items are directly related to you, and I assume that the Budget requires your approval of the f Contract of 1986. Thank you very nch, 1 ' Gail Lee Mudgett BOYD C. SHARITZ CITY CLERK A G E N D A ATASCADERO. CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM SEPTEMBER 26, 1989 7:00 P.M. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes . No one may speak for a second time until everyone wishing to speak has had: an opportunity to do so. * No one may speak more than twice on any `item. * Council Members may question any speaker; the speaker may • respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to order Pledge of Allegiance ✓ Roll Call, -a' City Council Comment: 0-°A"` �$ Introduction of Assistant Finance Director, Rudy Hernandez - Proclamation: "Mental Illness Awareness Week" , October 1-7, , 1989 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, �Jv unless Council authorizes an extension. g � Rs * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any CouncilMember, commissions & staff. 1. . PRESENTATION BY WARNER BROS., RE FILMING SCHEDULE ' � f H A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Con- sent Calendar. 1. SEPTEMBER 12, 1989 CITY COUNCIL MINUTES 2. FINANCE DIRECTOR'S REPORT - JULY 1989 } 3. FINANCE DIRECTOR' S REPORT - AUGUST 1989 4. CITY TREASURER'S REPORT - JULY 1989 5. CITY TREASURER'S REPORT - AUGUST 1989 '_x s 6. REQUEST BY THE CITYOFSAN LUIS OBISPO FOR SUPPORT IN ASKING ` LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION ENABLING CITY-SPONSORED BUSINESS SIGN PROGRAMS ALONG STATE HIGHWAYS 7. RESOLUTION NO. 71-89 PROCLAIMING THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER & `DECEMBER AS "GOOD NEIGHBOR" MONTHS (United Way/Neighbors Helping Neighbors) 8. FIRE, EMERGENCY MEDICAL AND HAZARDOUS MATERIAL MASTER PLAN REQUEST FOR PROPOSALS 9. AWARD OF BIDS - RESURFACING PROJECT 10. ELIMINATION OF CROSSWALK AT ARCADE & EL CAMINO REAL 11. AUTHORIZE AMENDMENT TO AUDITOR' S CONTRACT TO REFLECT IN- >G/ CREASED COMPENSATION ($2,000) FOR SANITATION DISTRICT AUDIT e12. RESOLUTION NO. 72-89 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR THE ATASCADERO' LAKE PAVILION. B. HEARINGS/APPEARANCES: 1. APPEAL BY TOM VAUGHAN OF PLANNING COMMISSION DENIAL OF TEN- TATIVE PARCEL MAP 23-88 - PROPOSED DIVISIONOFTWO LOTS OF 18.78 ACRES INTO 4 PARCELS OF 4 .5 ACRES EACH ( 10750 Santa Ana Rd.;) 2 r n • C. REGULAR BUSINESS: 1. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: B.I.A./J. Stinchfield/D. Smith) (Cont'd from 8/22/89 & 9/12/89) 2. CERTIFICATES OF PARTICIPATION FINANCING: A. RESOLUTION NO. 68-89 - AUTHORIZATING'THE ISSUANCE OF $2,000,000 IN CERTIFICATES OF PARTICIPATION B. RESOLUTION NO. 70-89 AMENDING THE BUDGET TO RECEIVE THE PROCEEDS FROM THE CERTIFICATES OF PARTICIPATION 3.. ECONOMIC DEVELOPMENT COMMITTEE D. INDIVIDUAL;DETERMINATION AND/OR ACTION; 1. City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt ,necessary. ) : 1 . City/School Committee (Nothing to report) 2 . North Coastal Transit (Nothing to report) 3 . S.L.O. Area Coordinating Council (Nothing to re- port 4 . Traffic Committee (See Item A-10) 5. Solid/Hazardous Waste 'Mgmt. Committee (Nothing to report) 6 . Recycling Committee (Nothing to report) 7 . Economic Opportunity Commission (Nothing to re- port)port) 8 . Finance Committee (See Item C-2) 9 . B.I .A. _ (See Item C-1) 10. Downtown Steering Committee (Nothing to report) 11 . Interim Growth Management Committee (Nothing to report) 12 General Plan Subcommittee (Nothing to report) 2 City,Attorney 3. City Clerk 4.. City Treasurer 5. City Manager ** COUNCIL WILL ADJOURN TO A-CLOSED SESSION IN THE 4TH FLOOR CLUB ROOM FOR DISCUSSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) , SIGNIFICANT EXPOSURE TO LITIGATION; SAID MEETING WILL ADJOURN TO A CLOSED SESSION ON WEDNESDAY, SEPTEMBER 27, 3 0 1989 AT 3:00 P.M. , ROOM 207, FOR DISCUSSION CONCERNING' EM- PLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. I 4 P R O C L A M A T I O N "MENTAL ILLNESS AWARENESS WEEK" October 1-7, 1989 WHEREAS, Mental illness is a problem of grave concern and consequence in American society and is widely, but unnecessarily, feared and misunderstood; WHEREAS, More than 10,000,000 people in the United States are disabled for long periods of time by schizophrenia, manic depressive disorders and major depression; WHEREAS, Between 30 and 50 percent of homeless people suffer serious and chronic forms of mental illness; WHEREAS, Mental disorders result in staggering economic costs to society, which are estimated to be in excess of $40 billion annually and include direct treatment and support costs, as well as indirect costs, such as lost productivity; WHEREAS, Mental illness is an increasingly treatable disa- bility with excellent prospects for remedy and recovery when properly recognized; WHEREAS, Appropriate treatment of mental illness is cost effective because it restores productivity, reduces utilization of other health services and lessens social dependence; WHEREAS, Individuals with mental illnesses and their fami- lies have begun to join self-help groups to combat the unfair stigma of the diseases, support greater investment in research and advocate an adequate continuum of care from hospital to community; WHEREAS, Unprecedented major research developments in recent years have added new methods and technology to the sophisticated and objective study of the functioning of the brain and its link- ages to normal and abnormal behavior; WHEREAS, Research in recent decades has led to a wide array of new and more effective somatic and psychosocial methods of treatment for some of the most incapacitating forms of mental illness, including schizophrenia, major affective disorders, phobias, and phobic disorders; WHEREAS, Recent and unparalleled growth in scientific know- ledge about mental illness has generated the current emergence of a new threshold of opportunity for future research advances and fruitful application to specific clinical problems; WHEREAS, Serious mental illnesses such as schizophrenia and the major depressions are now known to be diseases of the brain and not caused by individual weaknesses or poor family life; WHEREAS, Persons with mental illnesses and their families are stigmatized by the myths and prejudices surrounding mental illness and are thereby doubly victimized by the illness; NOW, THEREFORE, BE IT PROCLAIMED, that the Council of the City of Atascadero is pleased to recognize National Mental Illness Awareness Week as a way to reduce stigma and promote understanding of the mentally ill and their families; and BE IT FURTHER PROCLAIMED, that the City Council commends the 70,000 member families of the National Alliance for the Mentally Ill (NAMI) who have joined together to support each other and their loved ones and to educate the American people on the plight of the mentally ill; and BE IT FURTHER PROCLAIMED, that the City of Atascadero joins NAMI in urging the Federal Government to increase appropriations of the National Institute for Mental Health for research on ser- ious mental illnesses. ROLLIN DEXTER, Mayor City of Atascadero, CA September 26, 1989 MEETINGAGENDA DATE L226/89 ITEM! --A A-1 • ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 12, 1989 The regular meeting of the Atascadero City Council was called to order at 7:00 p .m. by Mayor Dexter , followed by the Pledge of Allegiance lead by City Manager , Ray Windsor . ROLL CALL: All Present : Councilmembers Shiers , Lilley, Borgeson, Mackey and Mayor Dexter Staff: Ray Windsor , City Manager ; Henry ' Engen, Community Development Director ; Paul Sensibaugh , Public Works Director ; Chief Bud McHale, Police Department ; Jeff Jorgensen, City Attorney; Andy Takata, Director of Parks, Recreation and zoo ; Mark Joseph , Director of Administrative Services; Chief Mike Hicks, Fire Department ; and Boyd Sharitz , City Clerk . Maggie Rice from the Chamber of Commerce Office presented City Manager , Ray Windsor , with a bouquet of balloons in honor of his one year anniversary with the City of Atascadero . CITY COUNCIL COMMENT: Mayor Dexter said he had received a letter regarding MIA 's and POW ' s. Beginning on the 15th of September time is to be dedicated in their honor and remembrance. COMMUNITY FORUM: Maggie Rice representing the Colony Days Committee stated that the annual celebration founding of the City of Atascadero 76 years ago will take place 5 weeks from now. She asked for support of this event by the purchase of a Colony Day Button. A. CONSENT CALENDAR: 1 . AUGUST 22, 1989 CITY COUNCIL MINUTES 2. TENTATIVE PARCEL MAP 10-89, 12500 SANTA ANA ROAD — Request to allow the subdivision of 10.51 acres into two lots of • approximately 5.26 ac. each. (Master Mortgage Co./Volbrecht Surveys) . 3. TENTATIVE PARCEL MAP 11-89, 905 EL CAMINO REAL — Request to divide one parcel containing 102.9 ac. into two lots containing 10.3 ac. and 92.6 ac. (Rochelle/Webb) • 4. TENTATIVE TRACT MAP 14-87, 9505 EL CAMINO REAL- Request for a one year time extension for TTM 14-87 to August 11 , 1990 (Hendrix/Westland Engineering) 5. TENTATIVE TRACT MAP 15-89, 5900 BAJADA- Request to consider amendment to a previously approved condominium tract map to allow an addition to Unit #1 (Low/Cuesta Engineering) 6. FINAL PARCEL MAP 17-88, 11200 SANTA ANA ROAD —Acceptance of Final Parcel Map 17-88, subdividing three parcels totaling 17.20 acres into four parcels of 4.3 ac. each (Kamm & Dohan Partnership) 7. RESOLUTION NO 63-89 - INSTALLATION OF STOP SIGN ON AMAPOA AVE. AT PORTOLA ROAD 8. RESOLUTION NO. 64-89 - ACCEPTANCE OF ALEGRE AVE. INTO THE CITY MAINTAINED SYSTEM 9. PROPOSED RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: A. RESOLUTION NO. 65-89 - PETITIONING THE LEAGUE OF CA. • CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO ALLOW STATUTE CITIES TO DETERMINE AND ESTABLISH SPEED LIMITS ON ROADWAYS WITHIN 'THEIR CITY LIMITS. B. RESOLUTION NO. 66-89 - PETITIONING THE LEAGUE OF CA. CITIES FOR THE INTRODUCTION OF STATE LEGISLATION TO REQUIRE THE CALIFORNIA DEPT. OF TRANSPORTATION TO PROVIDE CERTAIN MINIMUM PARTICIPATION FOR THE COSTS OF STATE HIGHWAY INTERCHANGES 10. AWARD LAND APPRAISAL CONTRACT TO DENNIS GREENE, M.A. I . (Formerly awarded to Robert Harrison, M.A. I . ) 11 . AUTHORIZATION TO PURCHASE (3) POLICE CARS AS PER F.Y. 1989- 90 BUDGET. 12. RESOLUTION NO. 69-89 - RENEWAL OF ANNUAL CONTRACT WITH COOPERATIVE PERSONNEL SERVICES. City Manager , Ray Windsor , asked that items A-8 and A-11 be pulled from the Consent Calendar . Councilwoman Borgeson asked that item A-7 be pulled from the Consent Calendar . Councilman Lilley asked that item A-9 (b ) be pulled from the • Consent Calendar . Item A-7: Staff report was given by Paul Sensibaugh', Public Works Director . Council discussion followed . Mr . Sensibaugh said he would be billing the developer for the cost of the stop sign. MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve Resolution No . 63-89. Passed unanimously by roll call vote. Item A-8 & A-11 : City Manager , Ray Windsor , asked for a continuance of Items A-8 and A-11 . MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to continue Items A-8 and A-11 until the next council meeting. Passed unanimously. Item A-9 B: City Manager , Ray Windsor , stated he would like to make a modification to the actual recommendation. Instead of splitting it out showing 100% of State involvement in interchanges that involve two state highways, and 50'% where a state highway intersects with a local highway, we would like to ask for 100% wherever a state highway is involved in any improvement involving state facilities. The next to the last paragraph in Resolution 66-89 will now read : 100% of the cost of future improvements to State Highway interchanges and appurtenances within the State right of way. The last paragraph will be deleted . Motion: By Councilman Lilley, seconded by Councilwoman Borgeson for approval of Resolution 66-89 with the above amendment . Passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 7100 CRISTOBAL (Mayhew - Digger Pine) Staff report was given by Henry Engen, Community Development Director with the recommendation for approval of the tree removal as recommended by the Arborist , Art Tonneson. Councilmembers Lilley, Borgeson and Shiers complimented Lisa Schicker , City Arborist for fine report done on this item. Mayor Dexter asked for Public Comment . Ann Valentine-Acrey asked where these replacement trees would be placed . Mr . Engen responded that they will be placed at the rear of the property, not where the present trees are. Kenneth Mayhew, applicant , said the new trees will be replaced 90 feet from the house, the present trees are 15 and 20 feet from the house. MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve the tree removal permit request at 7100 Cristobal in accord with staff recommendations . Passed unanimously. 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 9210 LAS LOMAS (Brown - Digger Pine) Staff report was given by Henry Engen, Community Development Director with the recommendation for approval of the tree removal as recommended by the arborist , Chuck Scovill . Councilwoman Borgeson stated that when she visited the site the tree was not marked with a ribbon. A ribbon isn ' t only for the benefit of the Council , but for the community as well so that they are aware that a tree could be removed . Ann Valentine-Acrey commented asked what type of replacement tree will be used and where will it be planted . Mr . Engen responded that it would be a Digger Pine that would be replaced on the rear of the property away from the structure. MOTION: By Councilman Shiers, seconded by Councilman Lilley to 0 approve the request to remove a Heritage Digger Pine at 9210 Las Lomas as recommended by the Arborist . Passed unanimously. C. REGULAR BUSINESS: 1 . RESPONSE TO GEORGE HIGHLAND'S QUESTIONS OF 8/22/89 RE: THE HIRING OF A CITY FORESTER/ARBORIST Staff report was given by Henry Engen, Community Development Director . Council discussion followed . George Highland commented that what he has brought up has nothing to do with his position as a Planning Commissioner . He could be identified as something else, possibly former Councilman or a long time resident , or "gadfly" . This has nothing to do with his position as a Planning Commissioner . He has a real problem with the interpretation of the Brown Act . It says in the Public Comment Section that Council is prohibited from taking action on anything that is not an agenda item. He feels that this does not preclude a discussion or explanation, etc . As soon as the meeting was over three weeks ago , the City Manager and City Attorney answered the questions of the press and they appeared in the newspaper the next day. He feels that it should have been answered at the Council meeting . He does not agree with the City Manager ' s statement regarding the tree replacement fund as far as 4 the City being between Ordinances at this time. There is an ordinance on the books at this time, and it is in effect . We are going through revisions of the General Plan now, are we between General Plans? The Tree Ordinance contains a specific exemption where the property is too heavily covered with trees. He has a problem with the way that this is being done. The City can continue on the way it has or you can stop collecting the donations until there is proper authorization or you could stop accepting these "donations" and even go so far as to refund the donations that have been collected . " Or you could pass an urgency ordinance and make it retroactive. The way it has been done, 'some of the credibility of the Council may have been destroyed . Mildred Coplan representing Atascadero 2000 said the Tree Replacement Fund in the Tree Ordinance has merit and few would argue against the idea but it is alleged that money is being collected and placed in a tree replacement ' fund without the benefit of any rule or ordinance. She does not feel it is important to know how much money is in that fund , but the requirement be made legal and open by enacting an ordinance for such or that the practice cease. Those elected and hired officials can make the determination as to what to do with the money that is in the fund that was collected without benefit of . an ordinance requiring it , and or , the elected officials can do whatever is required to form the ordinance as soon as possible. Dave Baker , North County Contractors Association, stated that this fund brings concerns from his constituency. Those in the building industry have been subject to many different kinds of fees in lieu of taxation authorization that was preempted by Prop . 13. They as a group are not opposed to the concept of the replacement fund . They are concerned that these fees are being collected without the basis of an ordinance. Anne Valentine-Acrey, 3518 E1 Camino Real , #221 , Atascadero will be sent provisions of the Municipal Code dealing with rules of conduct at meetings by City Attorney, Jeff Jorgensen. Mr . Highland responded that he is in full support of tree ordinance, and he can support the tree replacement fund . He has no problems with it at all , he is only questioning the methodology. Mayor Dexter asked that this be referred back to staff. He said he would appreciate Mr . Highland ' s and Mr . Baker ' s participation in the items they raised . Council discussion followed . City Attorney, Jeff Jorgenson, said the City established a Tree Replacement Fund and has the authority to do so' and has lawfully establish a fund and that fund was initially established in 5 response to mitigation measures required as part of a County project . There was a donation to the City of $1 ,500 for a County project and that is what initiate the creation of the replacement fund . He believes the City has the flexibility administratively to allow an applicant -- where they would otherwise be required to put in a replacement tree -- to make a contribution in lieu of actually planting that replacement tree if they so wish . To the extent that the City wishes to continue with that policy, that is supportable. Mr . Highland is raising one question that has validity, and that is where the arborist has made a specific finding that the lot is so covered with trees that tree replacement would not be warranted , then he would agree with Mr . Highland that there is no current authority to do that . In some of the instances where there have been contributions made to the fund, where there have been multiple trees removed , if the City wishes you have independent authority outside of the tree ordinance to require mitigation measures when multiple trees are removed and one of them could be a contribution to the fund . Mr . Highland has a good point that we ought to clarify the ordinance. Mark Joseph , Administrative Services Director , responded that approximately $3,700 is in this fund as of two months ago . 2. STATUS REPORT ON CERTIFICATES OF PARTICIPATION FINANCING IMPLEMENTATION (Finance Committee) Mark Joseph , Administrative Services Director , gave the staff report . He then introduced Jerry Laster who answered questions from the Council . Council discussion followed . There was no public comment . It was the consensus of the Council to have the Administrative Services Director and City Attorney to make modifications to the proposal and bring this item back at the next Council meeting . MAYOR DEXTER CALLED FOR A 10 MINUTE RECESS AT 8:40 P.M. MEETING RECONVENED AT 8:50 P.M. 3. GROWTH MANAGEMENT COMMITTEE: Staff report was given by Henry Engen, Community Development Director with the recommendation to approve Resolution No . 67-89 for the City Manager to convey to the County Board of Supervisors. Council discussion followed . 6 Henry Engen will give Council a quarterly monitoring report . A. RESOLUTION NO. 67-89 - CONCERNING THE IMPACT OF THE PROPOSED S.L.O. COUNTY GROWTH MANAGEMENT SYSTEM ON THE CITY OF ATASCADERO MOTION: By Councilman Lilley, seconded by Councilwoman Mackey to approve Resolution No . 67-89. Passed unanimously by roll call vote. B. FISCAL ANALYSIS STUDY/PLANNING MODEL Staff report was given by Ray Windsor , City Manager . Council questions and discussion followed . There was no public comment . MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to authorize staff to develop requests for proposals in order to obtain input on the cost to undertake the fiscal planning model . Passed unanimously. 4. AWARD BIDS FOR SAN ANDRES STORM SEWER PROJECT Staff report was given by Paul Sensibaugh , Public Works Director with the recommendation to award the bid to R. Baker in the amount of $94 ,248.50. MOTION: By Councilwoman Mackey, seconded by Councilman Lilley to award the bid to R. Baker from Arroyo Grande in the amount of $94 ,248.50. Passed by roll call vote 4: 1 with Councilwoman Borgeson voting no . 5. RESOLUTION NO. 62-69 - REDUCTION OF SPEED LIMIT ON A PORTION OF SANTA LUCIA AVENUE Staff report was given by Paul Sensibaugh , Public Works Director with the recommendation that the speed limit be reduced to 25 MPH on Santa Lucia from Ardilla to San Andres. Council discussion followed . MOTION: By Councilwoman Borgeson, seconded by Councilwoman Mackey to approve Resolution No . 62-89. Passed unanimously by roll call vote. 6. STATUS ON AIR POLLUTION POLICY - MOTOR VEHICLE INSPECTION • PROGRAM Staff report was given by Paul Sensibaugh , Public Works Director with the recommendation that Council request the APCB to obtain 7 more information on the MVIP considering more refined locations for determining non-attainment , atmospheric and geographic conditions for different localities, the target vehicles , a cost/benefit analysis, and alternatives to the plan. Council discussion followed with Councilmembers Lilley and Mackey expressing their concerns that this might have been rushed through because of a time limit . Councilman Lilley said he is not convinced that this is the most cost efficient alternative. MOTION: By Mayor Dexter , seconded by Councilman Shiers to authorize the City Manager to write a letter indicating Council has considered the MVIP and gave approval and express the concerns of the Council regarding cost effectiveness of this program. Passed by 3:2 vote with Councilmembers Lilley and Mackey voting no . 7. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: H. I .A./J. Stinchfield/D. Smith) City Manager , Ray Windsor , asked that this item be continued until the next Council meeting 8. ATASCADERO LAKE PAVILION REPLACEMENT - STEERING COMMITTEE SELECTION The following fifteen members will be serving on the Atascadero Lake and Pavilion Steering Committee: Councilmember Alden Shiers Councilmember Bob Lilley Chairman Tom Bench , Parks and Recreation Commission Diana Cooper , Parks and Recreation Commissioner Anne Marie Kirkpatrick - Member at Large James Herman - Member at Large Steve La Salle - Member at Large Will Lewis - Member at Large Lynn Lochridge - Member at Large Barbara Combs - Member at Large A member of the Zoological Society or Zoo Advisory Committee Recreation Systems, Inc . Representative (Chairman) A member of the Parks, Recreation and Zoo Staff Maggie Rice, Chamber of Commerce Shirley Summers - Member at Large D. INDIVIDUAL DETERMINATION AND/OR ACTION: ECONOMIC OPPORTUNITY COMMISSION: Mayor Dexter reported that he had attended the last board meeting and also the ground breaking for the Homeless Shelter . DOWNTOWN STEERING COMMITTEE: 8 Henry Engen, Community Development Director , reported that the group had met last week . GENERAL PLAN SUBCOMMITTEE: Henry Engen, Community Development Director , said the subcommittee met on August 24. John Himes of the BIA said they are interested in earning money at the Colony Days for the Street Lighting Project by having a dunk tank . "INDIVIDUAL DETERMINATION AND/OR ACTION: CITY COUNCIL: Mayor Dexter expressed concern of the misspelling of Spanish names that are being used for street names and said he would be willing to assist staff with this. CITY ATTORNEY: Jeff Jorgensen said he had accepted a position with the City of San Luis Obispo as their City Attorney effective 11/10/89. He appreciated the opportunity of having served the City of Atascadero as the City Attorney. Councilwoman Borgeson thanked Mr . Jorgensen for his past work and direction to the City Council . She asked that staff prepare something that is appropriate for his leaving the City of Atascadero . MEETING ADJOURNED AT 9:25 P.M. TO A CLOSED SESSION ON WEDNESDAY SEPTEMBER 13, 1989 AT 3:00 P.M. IN THE CITY MANAGER'S OFFICE, ROOM 207, FOR DISCUSSION CONCERNING EMPLOYEE SALARIES AND BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. MINUTES RECORDED BY: BOYD SHARITZ, CITY CLERK PREPARED BY GIA ftAMIREZt, ACTING PUTY CITY CLERK 9 p AGENDA j 926/89 ITE - • CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOR THE MONTH OF JULY, 1989 DISBURSEMENTS Hand Warrant Register for July, 1989 62 ,838.72 07/07/89 Accounts Payable Warrants 104 ,695.20 07/21/89 Accounts Payable Warrants 460 ,316.05 Service Charge-Mastercard/Visa 5.00 Wires for June 365,000.00 07/05/89 Payroll Checks #46563-46725 112 ,604. 49 07/19/89 Payroll Checks #46726-46868 108,882.66 Total 1,214,342. 12 LESS: Voided Check #46737 32.00 Voided Check #46918 130. 00 Voided Check #46919 200. 00 Voided Check #46920 89. 96 Voided Check #46921 2 ,647. 75 Voided Check #46922 97.50 • Voided Check #46923 95.00 Voided Check #46934 8.20 Voided Check #47045 461. 84 Voided Check #47084 3,491. 00 Voided Check #47130 1,455. 71 Voided Check #47116 1,200.00 Voided Check #44013 162. 45 Voided Check #46764 75.00 Voided Check #44363 50 ,707.22 Total Disbursements 1,153,488. 49 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. MARK A. JOSE Administrat ' e Services Director MEET! AGENDADAT 9E ,_26/ 9 ITEM# CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR'S REPORT FOR THE MONTH OF AUGUST, 1989 DISBURSEMENTS Hand Warrant Register for August, 1989 4,730. 84 08/04/89 Accounts Payable Warrants 145 ,796.12 08/11/89 Accounts Payable Warrants 74,013.24 08/18/89 Accounts Payable Warrants 242,454.44 Service Charge-Mastercard/Visa 5.00 Wires for August 1,000,000.00 08/02/89 Payroll Checks #46869-47015 110,502. 39 08/16/89 Payroll Checks #47016-47164 110 ,396.00 08/30/89 Payroll Checks #47165-47355 111,759.27 Total 1,799,657. 30 LESS: Voided Check #47307 21. 00 Voided Check #47101 200. 00 Voided Check #44373 3.00 • Total Disbursements 1,799 ,433. 30 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. MARK A. JOSEPH • Administrative Serv' es Director MEETING AGENDA i DATE 9//26/89 1TEM#i AAS_ • CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN TREASURER' S REPORT FOR THE MONTH OF JULY, 1989 CASH RECEIPTS : Taxes : Development Impact Tax 160. 00 Occupancy Tax 13,437. 77 Sales Tax 106 ,400.00 Motor Vehicle In-Lieu 79 ,266.58 Cigarette Tax 3,341.24 Off-Highway Vehicles 234. 37 Administration Building State Grant 87,048. 53 Sanitation Fees 8,632.00 Licenses/Permits/Fees 45 ,850. 75 Tree Replacement 5 ,100.00 Fines/Penalties/Overages 116. 99 Investment Earnings 807. 82 Recycling Program 19. 51 Sales-Maps/Publications/Reports 350. 30 Rents/Concessions 117. 98 Police Services 132. 00 • Parks and Recreations Fees 13,412.12 Local Transportation 2 ,416. 20 Development Fees 26 ,503. 00 Zoo Reserve 75. 00 Zoo Receipts 7,240.51 Miscellaneous 1, 889. 62 TOTAL CASH RECEIPTS 402 ,552.29 OTHER CASH RECEIPTS: Prepaid Insurance-Sanitation 32 ,000.00 Refunds 356. 32 Bail/Refundable Bonds 5,132.00 Reimbursement to Expense 918. 14 TOTAL OTHER CASH RECEIPTS 38 ,406. 46 • CITY OF ATASCADERO • CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF JULY, 1989 BEGINNING CASH RESOURCES 7,213,027. 82 ADD: PRIOR YEAR REVENUE RECEIVED JULY 274 ,717 . 94 RECEIPTS 440,958. 75 LESS:FUND TRANSFERS 400,000. 00 DISBURSEMENTS 788,488. 49 FUND TRANSFERS 400 ,000. 00 ENDING CASH RESOURCES 7,140 ,216.02 SCHEDULE OF CASH RESOURCES 'Int. Due AS OF JULY 31, 1989 Rate Date Checking Account: Mid-State Bank 159 ,619. 08 Certificates of Deposit: Butterfield Savings 99 ,000. 00 9.25 12/12/89 First Cal Savings 99 ,000. 00 10. 38 08/22/89 • Other Investments : Local Agency Inv Fund 3,865 ,000. 00 9.06 N/A Fed Home Loan Bank Discount Note-City 488,947.22 8. 97 09/29/89 Fed Home Loan Bank Discount Note-Sanit. 937,537. 50 9.12 10/24/89 Fed Farm Credit Note 502 ,263. 89 10.16 09/01/89 Banker's Acceptance-City 988 ,308.33 9. 39 08/08/89 Other Cash Resources : Petty Cash 540.00 TOTAL CASH RESOURCES 7 ,140 ,216.02 GERE SIBBACH 1.4 City Treasurer • AGEND • OATT'9E� 26/89 ITEM �-5 • CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN TREASURER'S REPORT FOR THE MONTH OF AUGUST, 1989 CASH RECEIPTS: Taxes : Property Taxes 40,955.05 Occupancy Tax 18,622.11 Sales Tax 141,900.00 Motor Vehicle In-Lieu 61,327.22 Cigarette Tax 3,692. 86 Miscellaneous Taxes 123.61 Gas Tax 54,404. 75 Weed Abatement 389. 73 Sanitation Fees 12 ,847. 46 Licenses/Permits/Fees 67,033. 75 Franchise Fees 4,413. 30 Fines/Penalties/Overages 885. 07 Investment Earnings 14 ,033. 52 P.O.S.T. Reimbursement 766.20 Sale of Property 1,687. 50 • Sales-Maps/Publications/Reports 577. 37 Rents/Concessions '130.10 Police Services 154.00 Parks and Recreation Fees 27,341.19 Traffic Safety 7,795. 34 Local Transportation 3,039. 45 Development Fees 57,359. 00 Lake/Park Concessions 3,819.46 Assessments (Districts 3, 4 & 5) 1,497.62 Zoo Receipts 8,076. 72 Amapoa-Tecorida 930. 32 Miscellaneous 2 ,444.27 Federal Aid Urban (FAU) 89 ,709. 97 TOTAL CASH RECEIPTS 625 ,956. 94 OTHER CASH RECEIPTS: Refunds 5,350.96 Bail/Refundable Bonds 3,173.00 Reimbursement to Expense 2 ,156. 90 TOTAL OTHER CASH RECEIPTS 10,680. 86 CITY OF ATASCADERO • CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF AUGUST, 1989 BEGINNING CASH RESOURCES 71140 ,216. 02 ADD: PRIOR YEAR REVENUE RECEIVED AUGUST 4,202.01 RECEIPTS 636 ,637. 80 FUND TRANSFERS 1,050 ,000.00 LESS: DISBURSEMENTS 799,433. 30 FUND TRANSFERS 1,038,308. 33 ENDING CASH RESOURCES 6,993,314.20 SCHEDULE OF CASH RESOURCES Int. Due AS OF AUGUST 31, 1989 Rate Date Checking Account: Mid-State Bank 51,025.59 Certificates of Deposit: Butterfield Savings 99 ,000.00 9.25 12/12/89 First Cal Savings 99,000.00 9. 00 02/21/90 Other Investments: • Local Agency Inv Fund 4 , 815 ,000.00 8. 83 N/A Fed Home Loan Bank Discount Note-City 488,947.22 8. 97 09/29/89 Fed Home Loan Bank Discount Note-Sanit. 937,537.50 9.12 10/24/89 Fed Farm Credit Note 502 ,263.89 10.16 09/01/89 Other Cash Resources : Petty Cash 540. 00 TOTAL CASH RESOURCES 6 ,993,314.20 GERE SIBBACH City Treasurer • M MEET:;:G AGENDA DATE942W. 2- ITEM• _ 7 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 9/26/89 From: Henry Engen, Community Development Director SUBJECT: Request by the City of San Luis Obispo for support for proposed freeway business directory sign program. RECOMMENDATION: Support the City of San Luis Obispo' s draft resolution. BACKGROUND: As indicated in the attached staff report packet from the City of • San Luis Obispo, they are seeking revisions to CalTrans' policies to enable them to allow for City-sponsored business signage similar to that along I-5 through their city. They are seeking to provide for tasteful signage to direct travelers to local businesses . Moreover, pressure for such signage is undoubtedly occurring in response to their sign amortization program removing signage that may have been visible from the freeway. ISSUE : under Section 2, item 1 of San Luis Obispo' s draft resolution, they speak to a prerequisite for such a program that "the City or County is actively pursuing a sign amortization program. . . " In the case of Atascadero, it would be more beneficial to change the language in that item to "a sign abatement program" in that we do . not have an amortization schedule in our sign ordinance. Absent the amortization program, Atascadero would not be able to pursue this type of signage program were it to be enabled. HE :ps Attachment: City of San Luis Obispo Council Agenda Report and Draft Resolution • 411alig111U1101X11 city of san Luis OBISPO ni;% COUNCIL AGENDA REPORT FROM: Randy Rossi, Interim Community Development Director; By: Gary Price �� SUBJECT: Freeway Business Directory Sign Program CAO RECOMMENDATION: Adopt a resolution asking the League of California Cities to sponsor enabling legislation to allow city-sponsored business sign programs along state highways. BACKGROUND In concert with council direction, an ARC Subcommittee and staff are pursuing ways to develop a directory sign program for freeway-oriented businesses. One of the main goals has been to develop a uniform signing program in the freeway right-of-way. With the exception of the logo identification sign program along rural Interstate 5, staff found that the the California Department of Transportation (Cal Trans) restricts advertising within freeway right-of-ways. During several meetings with Cal Trans, representatives indicated that that agency would be opposed to a logo sign program in urban areas where there is an abundance of freeway-oriented signs and numerous freeway access ramps. A key element in their opposition has been the concern for motorist safety due to distraction of advertising signs. Cal Trans has also noted a concern that administering privately-sponsored sign programs could lead to subjective judgements about appropriate sign design and placement. The subcommittee recognizes the validity of Cal Trans' concerns. We have designed a freeway identification program which, we believe, responds to those concerns. The program would require a change to the Streets and Highways Code, allowing cities or counties to develop sign programs that would be reviewed and approved by Cal Trans. Since Cal Trans personnel are reluctant to lend their support to such a change, it may be difficult to get approval from the state legislature. The subcommittee is therefore recommending that the city obtain support and sponsorship from the League of California Cities for this legislation. Attached are: * A resolution to be adopted by the council, asking the League of California Cities to sponsor enabling legislation to allow city- or county-sponsored business sign programs along state highways. * A resolution to be adopted by the League at its annual conference October 22 - 24, 1989, if recommended by its Transportation and Public Works Policy Committee. This resolution says that the league will sponsor the legislation. To address concerns of Cal Trans, the program would only apply to cities or counties actively pursuing sign amortization programs which have demonstrated removal of larger freeway-orientedbusiness identification and directional signs and billboards. To build more objectivity into the program, Cal Trans would set standards and be responsible for the administration of the program. Cal Trans could then standardize criteria for Placement, number and size of signs. The participating city or county would be responsible for the cost, design, installation and maintenance of freeway signing. ��hlllllll�A� city of san tins OBIspo 47 We COUNCIL AGENDA REPORT Freeway signing LEAGUE CONFERENCE PROCEDURES To allow action at this year's League conference, the League resolution must be received by the League by September 7, 1989. It would then be referred to the League's Transportation and Public Works Policy Committee for review and recommendation. The Policy committee will meet on September 21 or 22, 1989, to make preliminary recommendations on resolutions. The committee will also meet Sunday afternoon, October 22, 1989, to finalize their recommendations to the General Resolutions Committee. Council members are encouraged to attend these meetings to represent city support of the resolution. During the general business session of the League Conference on October 24, 1989, the resolution would be finally considered by the General Assembly. SUBCOMMITTEE COMMENTS The Freeway Signing Subcommittee members have reviewed the league resolution and are recommending the council forward it to the league as written, except that one member wants to point out that the resolution says the signs will be paid for by cities or counties. She felt the ultimate legislation should allow for the signs being paid for by private groups, such as the Chamber of Commerce. Staff feels the resolution does not preclude cities or counties from negotiating with business interest groups for the production of signs. CONSEQUENCES OF NOT TAKING AN ACTION • If the council does not support forwardingthe resolution the e subcommittee would not pursue approaching the League of California Cities for sponsorship. Other means for introducing legislation (such as through local representatives) may be attempted. If the council no longer finds freeway right-of-way signing for businesses an appropriate method to address these businesses' concerns, the subcommittee will consider other options, such as allowing larger signs for businesses near the highway or providing limited signing on private property that is visible from the highway. Since the deadline for resolution submittal for the 1989 League Conference is September 7, 1989, the council should consider this item at tonight's meeting. RECOMMENDATION Adopt the attached resolution asking for the League of California Cities' sponsorship of enabling legislation to allow city- or county-sponsored business sign programs along state highways. Attachments: draft resolutions draft cover letter from the Mayor excerpt from the California Strcct and Highways Code • RESOLUTION NO. (1989 SERIES) A RESOLUTION BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ASKING THE LEAGUE OF CALIFORNIA CITIES TO SPONSOR ENABLING LEGISLATION TO ALLOW CITY- OR COUNTY- SPONSORED BUSINESS SIGN PROGRAMS ALONG STATE HIGHWAYS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the subcommittee and staff recommendations and reports thereon, makes the following findings: 1. Title 4, Chapter 6 of the California Administrative Code restricts outdoor advertising signs along highways to official, public utility, service club, public directional and private directional signs; and 2. Section 101.7. of the California Streets and Highways Code allows the placement of business logo information signs in advance of state highway exits along a section of Interstate Route 5 to identify roadside businesses available to serve highway users; and 3. The City of San Luis Obispo is actively pursuing a sign amortization program to remove signs that clutter highways, distract the travelling public and block or disrupt vistas and scenic resources along highways; and • 4. Many businesses, such as gas stations, motels and,restaurants along highways are economically dependent on business from highway users attracted to and directed by freeway-oriented signs. SECTION 2. Reauest. That the Council of the City of San Luis Obispo requests that the League of California Cities, assembled in Annual Conference in San Fransisco, October 22 - 24, 1989, sponsor enabling legislation to allow cities to develop business logo sign programs, similar to that used along Interstate Route 5, to allow for a uniform method of business identification at convenient locations within the state highway right-of-way in lieu of larger advertising signs and devices along the highway provided that: 1. The city or county is actively pursuing a sign amortization program and has satisfactorily demonstrated, to the California Department of Transportation, the removal of larger freeway-oriented signs including, but not limited to business identification and directional signs and billboards. 2. The city or county is responsible for the cost, design, installation and maintenance of the sign program. 3. The design of the signage is consistent with standards adopted by the California Department of Transportation. 4. The California Department of Transportation is responsible for the review and approval of the sign program. Freeway signing resolution Page 2 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1989 Mayor ATTEST: City Clerk APPROVED: City Administrative Officer City Attorney Community Development Director �ul�llllllullll�hl������� �►1111111111 o sa�n lugs ocityBis 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 5 September 1989 TO: League of California Cities FROM: Ron Dunin, Mayor SUBJECT: Freeway signing legislation request The City of San Luis Obispo is asking for your help in developing legislation that would allow cities to develop and install a business logo sign program for the state highways. We have found that our sign regulations, which we feel in part makes San Luis Obispo an attractive place to visit, do not provide the visibility needed by freeway-oriented businesses, such as service stations or motels. Since 1977, when the city adopted a new set of sign regulations, we have been working to eliminate the large pole signs that existed before the regulations. But business owners tell us that the travelling public search for specific logos ("Motel 6"). They are concerned that without the large signs the public will not find them easily and their businesses will be significantly affected. Getting these highway-oriented businesses to remove their large nonconforming signs or to install smaller signs that conform with our current regulations has been a long, difficult process involving countless applications for exceptions to the regulations. We have spoken to representatives of cities throughout the state and found that similar conflicts between esthetics and economics exist elsewhere as well. The city's Architectural Review Commission appointed a subcommittee to explore ways to address businesses' concerns without allowing the sign blight to continue. The option that looks most promising to the subcommittee and the City Council is uniform signing including logos within the highway rights-of-way. The California Department of Transportation (Cal Trans) initiated such a program several years ago. A pilot program on Interstate Route 5 is in place. After analysis of this program, Cal Trans determined that this type signing would only be appropriate in rural areas, where distances between exits are great and existing signing visible from the freeway is limited. Cal Trans finds that a logo signing program would not be appropiate anywhere on Highway 101. Our subcommittee has looked at Cal Trans' objections to the logo signing program and developed conditions to respond to them. The attached resolution outlines the program we think would work. We are now asking that you sponsor legislation allowing cities to develop logo signing programs at their own cost, with Cal Trans' review and approval. We feel that many cities would benefit from this legislation, that freeway clutter would be reduced and highway signing standardized, a boon to the travellers. Please refer the attached resolution to your Transportation and Public Works Policy Committee for review. If you have questions about the proposal, please call Gary Price, Associate Planner, at (805) 549-7169, or write to the above address. • RESOLUTION BY THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION ALLOWING CITIES AND COUNTIES TO DEVELOP BUSINESS LOGO SIGNING PROGRAMS FOR STATE HIGHWAYS WHEREAS, Title 4, Chapter 6 of the California Administrative Code restricts outdoor advertising signs along highways to official, public utility, service club, public directional and private directional signs; and WHEREAS, Section 101.7. of the California Streets and Highways Code allows the placement of business logo information signs in advance of state highway exits along a section of Interstate Route 5 to identify roadside businesses available to serve highway users; and WHEREAS, many cities and counties have removed larger business identification and directional signs and billboards or are pursuing sign amortization programs to remove signs that clutter highways, distract the travelling public and block or disrupt vistas and scenic resources along highways; and WHEREAS, many businesses, such as gas stations, motels and restaurants along highways are economically dependent on business from highway users attracted to and directed by freeway-oriented signs; now, therefore, be it RESOLVED, by the General Assembly of ther League of California Cities, assembled in Annual Conference in San Francisco, October 22 - 24, 1989, that the League sponsor enabling legislation to allow cities to develop business, logo sign programs, similar to that used along Interstate Route 5, to allow for a uniform method of business identification at convenient locations within the state highway right-of-way in lieu of larger advertising signs and devices along the highway provided that: 1. The city or county is actively pursuing a sign amortization program and has satisfactorily demonstrated, to the California Department of Transportation, the removal of larger freeway-oriented signs including, but not limited to business identification and directional signs and billboards. 2. The city or county is responsible for the cost, design, installation and maintenance of the sign.program. 3. The design of the signage is consistent with standards adopted by the California Department of Transportation. 4. The California Department of Transportation is responsible for the review and approval of the sign program. O y U O i 'y O a) U y O .i >-- o y C y N O C G 'p LZC �:: 3L Lao .3nwy a � c - o � o�-ro � �nL.a t° o d `° M o r o.c a3i ay o o .� y� bu o 3 E c " .- O o av a, 3a)� bo•�' U� dua n iL tJ , 5y. Ecdw U � � U• :d Q �+ ELuL*L ayoc� o � v c E ccd 3 0a) cn -tj M: 96"0-d �,hr. C y-0 bci� p` ..L un a) ^ -O c.. OS V U 0 0.0 3 p u p 'a:. U U .Ui•. "C O_0 ►..... cS p U >. •> C"" O ca-O-� �'C fl.� ^= L G p ^ i y U c 3 U ay. L cN p C-C y O C N G y d cd _.0 n.U p o 3 o id .O-C >� -C U C Cd n"a) Y L'} '� = 0 L y bO O 3 .'3-C 0 y•_ jy> "C d G Y G-b cn Y .c Z G -0 yK .C.. O y O y y U w 3 O V Yacd bo a) 'Y�. yU.- i O .n >.- UU bO '� bOU- .O.�Zy � a C 4. OO U .1 in O U1� � S - u UUN'in >�" cdG.c•c COObOV N a) y O L a) y y y a) L 1"•. U�' 3 y+' _. O ,� L p 0 Co C U Y 3 Y vi y 'at'cn C a) �^.: c C C ��. 0-0 Cd Cd � O "- aa)i td0.`- C-G� > a �y CU3,, .:: C�' pvi;; EviZyn. B: bO0 W ' d Za) C.:c`� C0 y-8O >•rn > C)� cobo�' >= _In-3 ^31:i3y � UyyC cd3 >� -u-0 y G L A Z 4..0 Y L rte,•.c 0 C 01 ::cd y.n y �..0. h C N y Z C 3 w Y d 0 U L. U 0�+- cyn cd C. cS-(7 L .�. Z aU.�'- H y OL.L'. y a) b0 O y of.c yid-C'-' b0 O c'" �. 3 '~.c °' Ea.o"'-•�' a�F- �� c vEy � oo�-- a�c_. L °�'yuC-o b_o co.cc =0 0 Y E C•�V cn C v) r � a) O L 3�Z y aL.. U Cd cd O O cd � a) i 0 U�0 a) cd O. Lu L m �., La, c.� G r. o E � . 3 cyuyocd3 � E u3n) oy ��, L y-c E S ozyayLy cdZ L a� O E 3 cn-cu.2 cd y U o0�. a) C `"Z � cs Y.E u C�Y cd L ed:: a) a) N- d cd O C _ C O a)�0 E U ►Y. y a) &- a) C L cd C vUi 'in a O 0-0 a) c~d U"O ��w•E r CL cd>•L cd E a w cd ' .rte wNGcd -cLUycd (D U a_Oa) n .� yLGCaa) cyEOLU ha)y'" C >•fl ap 3-o E p 'B ca L. Cc .Z yd N L cd wc' u bo C-fl Oc-Oma) a) OGa) 0 >.E � _ ^ CyanC -3o0--cZ=p S. pCCy bO r- 0U A i O �" v� a)C..G.y pZ�' ed O C b0U U E t:• u y a)w O ; . C L•F a) - c y c . �. N G bo--. a C G OJ O „ =•i••-' C U'ti._•--• G�, w in O l„..•_ c b L V w vi U cd p E U d o U '^ .n 0 O u 0 s G U U aE U cd c 3 >+_3 a)''n O O O >��E aU..L. �•y C-C C .U. -p a>. U 0. aw ca O.0 3�. -U u -G 4: i 2 ` >� E CGLcc >.a•. Oc cL-- - ^_ � a) yGa) OyycL-owU �-oLC a) U cisE y' Cc.� c p en_ 3 E Y v U `? C > O ar y cd-0 y C a)C Y•� 0 i ed C 3 a) U ai 3 u Eby-O._ 0 a) .UnuL >w �, s :dLj L L.. cy >�C._.--. 3o0L U � ....E•CdN Y•--. cn +. C a..: U ca L-- O b0 b0 C t Ld" L., p C cd p a) O C U i S a y t.U .�. v _ 'L.].L h0 ->.u E•y�y E.0 y G y C U a C U y C O F Uy U'.O". UOO `�' = Oy LOSO30 C - > >•.Ny CCc cd b0 C-e08> y -0.r O..r b Ea) aS _ � uc.0 L� a� E ^. Oa i] O � CmCY e! Cq2 y � �C Zgi CA- .8) V .8) ++ U i a y Q.C L U L a)•�. a.'. U Q) a y- a) �^ bO 'N G cd C d�...7 N C'. y O r y cd LO O ed c+'�C C'- of L L ea u L �+-b p T e3--0 L Z M pO in..0 3 U y C a) G ►,-O G-0 c U E O L 3 -- a vi d 3 .e bO n E C cow L cd C O cd ►.^p W o d 3 �'� E`er °' boyL c= u >. c a E u a u y e c.-- E cd •moo acd 0 3= o c ``..,, Z O U _C C T (u " � M U u c cd C L C a,O-C Z L .n a) E T N N cid O w Cc Co E ed lW UJ a U () E U 4i C C E`.� O C Z _ >• ,���• 'Z bOE ed L. 0.CMZ`'-0� � Z N� 3 O E - l"> y-�''' c y �'YO j�`Z -r Z �.Lhfi U C C....-'a C) H y cd L C (U.- C w c G b U U O b .-. y O amp v = E- y > >-a3000h-a c-• °'� ; = =� `n _-•� � ^ uy e - GuEo.�?-BG � o �dp ocL�cn.,ao� C p, �d,� b ao CZ V ss ` N 00-L= v 1, „ N U .�`�. v^ C`"o.c COC c cd O aci O C �U..: C Ou� E O-•L - C - - _ _ •� _ O - O c- 4i O �� -U U-►. Ol Z yL p �O - •- y, J. - E a) 3 •y E O O ..,.� C y U a) M - a) ci _I I"b- -_ __ a d U GL M L-Y. u J;L. a O't a) - - - - be�` o - u E- `� - - - ' .0 - •� -y14 a- Cam .L 7 C wpm a) UO c� E U.C-O C %-h V-0!r. a) O 0 c a) a) 0 a) a) L06. ued W y cd C E 3- y O-- z cz G � i S y�.0 Jo bO-'y bO 0 CIS O C as > a) C a) a! c -c U 0. O ;C Z O U a E E w E C CO-a O n, u` -'.y. a) w C i ►: •� 4.p..0 r. � , ►• C w '. y.V.LU. C O U'.- " ,d y = 0 O'^ O y.=L.. "^.�'C -0.0•^'� L V u C _ Y - -fl O L bO cd -0 U a) .... - O .- 3 '^3 S•� 0.2 E E U •E 08 , Z C a > cd E O 4 .^ _ , �•d c C'� d C cn U p s a) 0 > 'C3 -Y U "•- N cs C vs �.;,• ^ CL).- L "'O .^ L._ ... u cd a) 3 3 �„ •y. a) L y L U ^' vs -.�i_. Q! O -,., L O'•G L L C U vl �S U C EZ r N = C `� ^) C v C0 O ci- 0 M >'ZWL C aZL p, V 0 O. E.0.0 bO n c :.'".c be z�' Q Q cn-0 t1 lCd.0 0 0 t° a� ,, C ► cc U. O y Y � dF cs C.) C u ^p . 7 U O L =.y' 0 0 0- Ca- _010 cCa 3 C y.U. 0 cd C y =Z_ (u > i ~cE '� U �' u O Z U a U E cd 4) .n cS'y N y U .•�. t i -- G 0 �' ;� E u C) cdY >t= C.co • y O O .L.. :- 0) bO c -c YvUi'E vi C C) C Cr --C =0-C J ` J Y L: C C C T O 0� C ` u oCUJt-- u °� aa, a a c >, y .. w� oo.uva) �_-_ �_ ? ^�_' �'� c c•u > -C 0C-naCi o•bao u cd cd a)y cD i a)• C x u_ -.. O~ v C 2 v y 0 0 0 C m 4U,, y - 6) a) c •. •3 L' to L •')• - 5 =.- .� > :+C•_ O - ,. �. -0 bO L C cdl"..._ c L U. LEO OZCa>.cd �ua) - - �z � •� G Cv ^ E ccis 0_-OyU3C3o U y •ai:: y C O.c L 0: cu n ;;, ,Lis br J,� _. i y i. C.s C. = :d.0 CO cd C 0 U O r U y ed L al cd u Z O U _ ' L .n ea L O ed c ` L-O �'. 3 U w L C-•_ L bU'� U C-75 ) y C L L y '--• y i-:d •:J c2 bo c0o .., E 0--L � y ^ a "_ N _ � -L_ E o-C_ 0-0-tea a�Y 3 yam. u y L Q) coJ a. v .�..L G._ 0,0_0_ cd a) c a U > L"L3.10'U W e' .c'rs m u -. U._ .U. U `.-- _ L U -. a)Z.ed H cd^ 30 3.5 :d U 3 ; y Cl'> s 'U-= C - L U C .-c.. cd a+ b0 0 cd a•y C O �.D .n E=ULA ^ ' O Y^L-��. '� .. O O O y•E W V)._+. .yin cU••� E .. -•. O w _ Uo cd Z y O E j 0- L U '-.0 • MEETING AGENDA DATE_9/� ITEM# A 7 • RESOLUTION NO. 71-89 A RESOLUTION OF THE ATASCADERO CITY COUNCIL PROCLAIMING THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER & DECEMBER 1989 AS "GOOD NEIGHBOR MONTHS" WHEREAS, United Way of San Luis Obispo County/Neighbors Helping Neighbors is a voluntary grouping together of donors to provide financial support to local and national charitable health, welfare, research and youth organizations; and WHEREAS, this organization was formed by the efforts of rep- resentatives of labor, management and the general public and WHEREAS, these representatives, acting as a volunteer Board of Directors, are responsible for directing United Way of San Luis Obispo County/Neighbors Helping Neighbors and are to insure that the wishes of the givers will receive first priority in fund distributions; and . WHEREAS, United Way of San Luis Obispo County/Neighbors Helping Neighbors with its low operating cost provides everyone with an orderly system of contributing to charitable causes of one' s own selection through a single contribution; and WHEREAS, United Way of San Luis Obispo County/Neighbors Helping Neighbors provides the donor with the knowledge that his or her gift is collected, processed and distributed in the most efficient way possible. NOW, THEREFORE, this City Council hereby resolves to pro- claim the months of September, October, November and December 1989 as "Good Neighbor" months in the City of Atascadero, County of San Luis Obispo, and encourages all citizens who so desire and who find it within their means to contribute to the charities of their choice through United Way/Neighbors Helping Neighbors . On motion by Councilmember , seconded by Coun- cilmember I the foregoing resolution is hereby adopted on the following vote: AYES: NOES: ABSENT: • ADOPTED: BOYD C. SHARITZ, City Clerk ROLLIN DEXTER, Mayor I t F- Sy 141989 United Way • of San Luis Obispo County/ C1Ty MGR. Neighbors Helping Neighbors September 13, 1989 Post Office Box 523 Georgia Ramirez, City Clerk San Luis Obispo,California 93406 City of Atascadero 6500 Palma Atascadero, Ca. 93422 Dear Ms. Ramirez: The enclosed sample resolution is from the United Way of San Luis Obispo County/Neighbors Helping Neighbors. We are asking for your help in forwarding this resolution to the City Council for consideration at their earliest convenience. This resolution proclaims the months of September, October, November and December as "Good Neighbor°months, to coincide with the conduct of the annual United Way/Neighbors Helping Neighbors campaign on behalf of human services. Your Council has passed similar resolutions in the past on behalf of the Neighbors Helping Neighbors program, which merged with United Way locally as of January 1989. If you have any questions about the resolution or the United Way/Neighb Helping Neighbors program, please give Dixie Budke a call at 541-1234. She is the Executive Director of United Way/Neighbors Helping Neighbors and will be happy to tell you all about it. Thank you in advance for your interest and assistance. Could you please let Dixie know if there is any further action we need to take (i.e. , be present at the meeting, send for an approved copy of the resolution, etc. )? Best wishes, Bill Coy, General Campaign Chairperson County Board of Supervisors, District 2 • • 0 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-8 Through : Ray Windsor, City Manager Meeting date: 9/26/89 From: Michael Hicks, Fire Chief W- d SUBJECT: Fire, Emergency Medical and Hazardous Material Master Plan RECOMMENDATION: That Council authorize the Fire Chief to seek requests for proposals (RFP) for a Fire, Emergency Medical Service and Hazardous Material Master Plan. Also, the Fire Chief would request that the Council appoint one or two members of the Council to work with the review committee that will be making a recommendation back to Council . I strongly urge your continued support for this important item. BACKGROUND: For the past several years the City of Atascadero has been experiencing a fairly rapid rate of growth. That growth has put a major strain on emergency services provided by the City Fire Department. It is becoming more and more common that development is moving rapidly into areas that are difficult for • us to provide adequate services to., sending our present resources on long response times of 10, 15 , and 20 minutes, thereby removing those resources from the centralized populated areas where the greatest demand for services are, without adequate resources in reserve. It is my desire as Fire Chief to provide as equal a level of service to all citizens as is reasonable . It is also my belief that our present delivery system is in jeopardy of being spread too thin, therefore actually providing a lesser level of service than we are providing at the present time . In addition, cities that experience large areas of urban wildland fire interface in California are well known for their fire disasters . I want us to continue to prevent this from happening by having a master plan developed and implemented when reasonable. This proposed plan should take us into the year 2000, and perhaps beyond. FISCAL IMPACT: This item was approved by Council and is in the present fiscal budget. The approved amount is $20, 000 . It would be my estimate that this item would cost between $15 , 000 and $20,000 . It would take Council action before a contract could be awarded. • Attachments : draft RFP MH:pg DRAFT • (date) ( firm address) Subject: Request for Proposal - Fire Department Master Plan- City of Atascadero Dear Youareinvited to submit a proposal to the City of Atascadero to prepare a Fire Department Master Plan. The City of Atascadero is a "bedroom community of 23 , 000 residents situated on the Central Coast of California and is characterized by large areas of wildland/urban interface and intermix. The City was incorporated in 1979 and the existing fire district became a City department at that time. The City is experiencing rapid growth in the large outlying areas and the fire department is striving to provide services to • residents of those areas without depleting resources that must be available to the rest of the City. The fire department' s goal, therefore, is to provide quality fire suppression, fire prevention, hazardous materials , emergency medical and other services to all residents within the 24 . 3 square miles of the city. A well-designed fire master plan is essential if this goal is to be accomplished. It is envisioned that the master plan would be used as a guide for decision making by fire department and other city administrators. Consequently the master plan must look far into the future, at least through expected build-out (estimated 2000 ) , and provide a clear view of what needs to be done now and years from now to keep delivery of services even with the demand for those services . Scope of work The master plan should address the areas of fire suppression, fire prevention, emergency medical services , hazardous materials , disaster control , fire department management and operation and the peculiar problems posed by the dominating factor of the wildland/urban interface and intermix. Programs should be proposed to meet objectives in each area, including costs and time frames . The current capabilities of the fire department • should be analyzed as well as current statistical data on fire , emergency medical , hazardous materials , and other incidents . 0 • • A proposed minimum level of service should be established for the future based on growth rate , current capabilities, current incident data and minimum response times . Recommendations on fire station locations, apparatus and manning, organization expansion, ordinances , fire prevention and training programs , fuel management, revenue enhancement and information management/data processing should be included. An area of particular concern that should be explored thoroughly is that of the wildland/urban intermix and interface areas of the city. Long response times , volatile fuels., steep terrain, and elements of building construction that are conducive to fire spread are the factors which are present. The master plan must address the water delivery system and suggest how to mitigate the above factors now and in the future. Please refer to the attached study outline which lists the specific areas that should be addressed. A thorough study of these areas should lead to a finished product which will give the fire department the following: 1 ) A snapshot of the emergency incident history and future trends . • 2 ) The emergency demand faced now and in the future ( the fire, EMS, hazmat problem) . 3 ) The current system' s capabilities contrasted against the emergency demands placed upon it .now and in the future . 4 ) Identification of goals , objectives and programs for the future. 5 ) Identification of the "levels of service" needed to implement the goals and objectives . 6 ) A general list . of recommended improvements for the fire department, water system, road patterns , ordinances , fuel management , mutual aid, etc . Available information Annual reports containing statistical data on alarm activity are available for the past eight years . Apparatus , fire prevention, and fire training records are contained in the same documents as are charts and maps illustrating response times to demand zones within the city. Fire department files contain additional -2- information essential for preparation of the master plan and designated staff members will be available for consultation. The Community Development Department has existing land use topography, flood hazard and similar mapped information. The City' s existing General Plan is also available for reference purposes . Approach Please describe your firm' s philosophy and your understanding of the project and the services you will provide, including cost, a work plan, anticipated schedule with completion date, and any exclusions . Qualifications Please include in your proposal a summary of the background of your firm, a description of personnel who will be actively involved in the project, and a list of client references and similar projects . Indicate the team members responsibilities and any experiences they have that will contribute to the project. This description should include any sub-consultants and their qualifications . Public involvement . The fire department staff will coordinate appropriate meetings with any committees , commissions, or the City Council .. It is expected that there would be meetings with the City Council to present the final report. copies of the report will be required. Submittal Your proposal should be submitted to the Atascadero City Fire Department no later than 5 : 00 p.m. on , 1989 . If you have any questions , please call myself or Fire Marshal Vern Elliott at ( 805 ) 461-5070 . Sincerely, Michael Hicks Fire Chief City of Atascadero VE:pg ._ attachment • • • STUDY OUTLINE 1 ) Analyze the existing and future structural and wildland fire threat=, to the community. 2 ) Provide wildland fire spread modeling and predictions . (May be included as an option. ) 3) Review and document historical alarm data ( fire/EMS/hazmat) . 4 ) Provide predictions of future trends in growth and fire loss over ten years, and to full build-out ( 2000-2004 ) . 5 ) Review the manning, configuration , response levels, and incident mitigation capabilities ( fire/EMS/hazmat) of the current city forces and the mutual/automatic aid forces . 6 ) Review water system, road patterns , fire station locations . 7 ) Review station, apparatus and equipment adequacy. 8) Identify the protected, unprotected and acceptable levels of risk in the community. 9 ) Review the fire prevention, operation, administration and training programs of the department. This should include review of the Incident Command system utilized on emergencies . 10 ) Review current fire codes , ordinances and new development requirements within the city relative to fire protection. 11 ) Identify goals and objectives for the emergency service delivery system. 12 ) Identify programs and implementation dates for the emergency service delivery system, for the next 10 years . 13 ) Identify recommended "levels of service" ; provide map of current response times . 14 ) Provide recommendations for fire station locations , apparatus and staffing. 15 ) Recommend necessary modifications , improvements , and expansion of the organization and its programs . 16 ) Identify revenue enhancement programs . 17 ) Identify possible improvements in mutual aid, automatic aid, • etc. -- • • Study outline - continued . 18) Provide suggested ordinances , general plan language, service levels., and alternatives for the protection of new development relative to the geographical area, response times, etc. This should be accomplished without allowing growth/no growth advocates to use the master plan as an issue. 0 • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A - 9 Through: Ray Windsor; City Manager Meeting Date : 9/26/89 From: Paul M. Sensibaugh, Director of Public Works/City Engineer SUBJECT: Resurfacing Bid Award for 1989-90 RECOMMENDATION: Staff recommends that Council award the lowest responsible bid to Union Asphalt (Hermreck) of Santa Maria . BACKGROUND: - Council authorized staff to receive bids on September 18 for the annual resurfacing program. Included in the work are the paving of the parking lots at Paloma Creek Park and Atascadero Lake Park. DISCUSSION: • Union Asphalt received the contract last year and performed very well . Additionally, they did the work for the Chandler Ranch assessment district and previously had constructed Halcon Road near Paloma Creek Park. OPTIONS: (a) Approve staff ' s recommendation. (b) Reject all bids . FISCAL IMPACT: The low bid is $485, 987 as compared to the Engineer' s Estimate of $561 , 250 . The main difference between the two is the cost of asphalt; the staff estimate was based upon last year' s average, including shoulder work. The budget for 1989-90 is $588,465 . The work could be, and may be, increased by about three miles of paving to bring the total program to approximately 15 miles plus two Parking lots . Alternatively, 2 additional miles plus the downtown Parking lot could be accomplished. Attachments : Bid Summary • PMS/pms 9/20/89 DEPARTMENT DF PuBLiC aORKS DID SUMMARY PR= EvT: 1959-90 Res rfat;nq # BiDDER 3L=nion A5phaIt,5anta Maria35.P..1111ng Co.,0xnard 1M3onna Const. 1 ITEM DESCRIPTION UNIT o_ANT"Y Y UNIT PRICE = TOTAL x UNIT PRICE = TOTAL x UNIT PRICE = TQIAL # 1 1 As;,halt 'B' T 1:f-10 x $23,00 =$446,200,0+0 x $22,30 =$432,620.00 x $24.33 4471062.00 1 1 2 Emulsion T 12 x $90.00= $6,480.00 x $200.00 = $14,400.00 x $1.00 = $72.00 1 1 3 Adj.-Manhole Eta 42 x $150.00 = $6,300.00 x $?50.00 = $10,5010.00 x $150,00 = $6,300,00 1 1 4 Adj.Monurent Ea 24 x $150.00 = $3,600.00 x $160.00 = $3,840.00 x $150.00 = $3,600.00 1 1 5 New Mon.Neil Ea 57 x $150.00 = $8,5:0.00 x $195.00 = $11,115.00 x $125.00 = $7,125.010 1 # 6 Pavt. Mkg. SF 1320 x $2.05 = $2,706.00 z $1.35 = $1,182.00 x $1.65 = $2,178.00 # 1 7 C.L. 114. LF 333100 x $0.22 = $7,232.:10 x $0.18 = $5,958.00 x' V).o = $9,937.01 1 1 8 Pavt. Refl. Ea 162 z $5.00 = $810.00 x $6.00 = $972.00 x $5.00 = $810.00 1 1 9 Shoulders C'i 40nJ x $10.00 = $4,1+}0.00 x $12.00 = $4,310.-11 x $12.10 = $4,800.00 1 1 10 x = x = z = # 1 TOTAL BID # $485,928.00 1 $485,987.00 1 $506,811,00 1 111112###1111#####1#######3###1t##11113####13###11111##11########1#####1111#1#1#111#11#1####1#11#11#111#11#33#### LOW BID • 1 BiD E? 3R. _urke Corp., SJ .0. !Michael Frederick, Atas. I ENEiNEER'S ESTIMATE # 1######1##113#1###133#1111111111133#11111111111313313#;11111#31##33#####1####11###1#33#111#3131###1###311331133## 1 ITEM DESCRIPTION_ iIUJI U."IL ;_ :' . = LN_ •.,= = 111'AL uR:i, PRICE = TO!A� x ?'M�1T FRi?.: = TOTAL x 750. K5.95 1 1 TG+�hEl 11 i _ c ;i �� 7 -$4 ! 750 V 5 95 c7 $7t! C L 00 -11527 i" $i_aiJ Z .. �, 1 .. $L .. �$ 3, .J_.�1 x $ 7.JV -ivL 1 2 EulSioa T 12 .2:5.+10 = $19,131.00 x $215.00 = $19,80+0.00 z $125,00 = $9,5070,{}0 x 1 3 A^' M3:^:':oie $157.50 = $6,615.00 x $150!.010 = £6,300.00 1 4 Ad ,"anument t x $1'_.03 = s3,i2'?, 0 $18.75 = $1,890. x. 5 " CI x 1 5 New Mon.Wel c1 _e _. . $111.00 $2-,551.00 x! �x+ 1 1 6 Pavt. 1?4. S- ---. x 2.::' _ #7 Q. _ , 7 7 r = i ! $ .?,016.:_;} x $x.10 $1, 7".On $0.f.0 $1 i,0010.00 x 1 1 , ern LF w = 7 r:;� _ ,"2 ;� _ �. '1 .. $:P.2 $ ,6i.._, x $7.22 $7,218 .60 x $C.l11 x 1 8 Pavt, R' fl, ra 16� x $6.0:1 = $, .y,1%:! x $5.20 = $950.51 x $0.110 = 1 "y c(.'ou'der5 Cl; VCl y $1c 0 = h t`00.00 x 22 '' = i = .�.� $_,�: $L ..;0 $9,0 X0.00 z $0.00 z # 10 = x = x = x ##########111##3#323#####3111331##3#31#33#######1###333#3###3#31##1###11#1#######1##############1###########$#### 1 C1TAL BID # $517,1.31.500 1 $5571909.50 1 $561,250.00 1 ####3#331#3####333####3133113#13###31###31####11#3#3##33#3#33#3E#1######11################################1###### • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A — 10 Through: Ray Windsor, City Manager Meeting Date : 9/26/89 From: - Paul M. Sensibaugh, Director of Public Works/City Engineer SUBJECT: Pedestrian Crosswalk at Arcade across E1 Camino Real . RECOMMENDATION: The Traffic Committee recommends that Council pass a motion to direct the City Traffic Engineer to eliminate the crosswalk at the above location. BACKGROUND: The new traffic signal at Palomar and E1 Camino Real has Pedestrian signal heads and marked crosswalks across Palomar and El Camino Real . The City Traffic Engineer noticed that the proximity of the existing crosswalk at Arcade, which is a short block away, is • no longer needed except for the convenience of a small number of people . The existing crosswalk is not protected by a pedestrian signal and was initially installed by the County, apparently without a resolution authorizing it ' s location. DISCUSSION: The Traffic Committee observed the situation for two sessions and unanimously agreed that its use should be superceded by the crossing at Palomar. Since there is no resolution to repeal , a motion by Council is the only direction staff needs to obliterate the markings . OPTIONS: (a) Approve staff 's recommendation. (b) No change . (c) Hold a public hearing. FISCAL IMPACT: There will be no significant fiscal impact associated with the above recommendation. • PMS/pms -- 9/19/89 g REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-11 Through : Ray Windsor , City Manager Meeting Date: 9-26-89 From: Mark Joseph , Administrative Services Director SUBJECT: Authorize Additional Compensation for FY 88-89 Audit RECOMMENDATION: Staff recommends Council authorize the City Manager to pay an additional $2,000 to prepare the audit for the Atascadero Sanitation District for the period ending October 31 , 1988. BACKGROUND- • The Auditor ' s costs were based on the Sanitation District being closed out by June 30, 1988. In fact , the District was closed out by October 31 , 1988. As a result , it is necessary to perform a short audit for the period July 1 through October 31 , 1988. The Auditors have estimated the cost at $2,000 (see the attached letter ) . The original cost of the FY 88-89 audit is $11 ,670, so the total bill will be $13,670. FISCAL IMPACT• Although the cost is higher than estimated , sufficient funds exist in the Finance Department ' s budget to cover the additional cost . Members of the Firm: Principal of the Firm: Fred L.Glenn,CPA Robert A.Silva GB Stephen A.Burdette,CPA Manogers: David W.Phillips,CPA A. David A.Bryson,CPA • GLENN,BURDETTE,PHILLIPS, BRYSON Carlos J.Reynoso,CPA Gary A.Wintermeyer,CPA Jeanne A.Potter,CPA CERTIFIED PUBLIC ACCOUNTANTS Bradford M.Hair,CPA Retired: A PROFESSIONAL CORPORATION James W.Lord,CPA David R.Booker,CPA July 27, 1989 Mark Joseph Administrative Services Director City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Mark: In response to your letter dated July 20, 1989, we estimate an additional $2,000. in fees in excess of our original agreement for audit services in order to prepare the additional audit report for the sanitation district. These fees would be for the extra report required that would cover the period of July 1, 1988 through October 31 1988. • If you would like to discuss these fees or if you have any questions, please call me. Sincerely, Bradford M. Hair, C.P.A. for Glenn, Burdette, Phillips & Bryson Certified Public Accountants A Professional Corporation BMH:smd cc: Ray Windsor Alden Shiers Bob Lilley RECEIVE [9 JUL 31 'W9 PERSONNEL 1150 Palm Street-San Luis Obispo, California 93401-(805) 544-1441-FAX (805) 544-4351 • • REPORT TO CITY COUNCIL Agenda Item: A-12 CITY OF ATASCADERO -----------=------------------------------------------------ Through : Ray Windsor Meeting Date: 9/26/89 From: Andrew J. Takata, Director Parks, Recreation and Zoo Depart nt ------------------------------------------------------------ SUBJECT: Roberti-Z 'berg-Harris Urban Open Space and Recreation Grant Program RECOMMENDATION: Approve Resolution Number 72-89, authorizing application for funding under the Roberti-Z' berg-Harris Urban Open Space and Recreation Grant Program to be utilized towards the Atascadero Lake Pavilion Project . BACKGROUND: • The 1988 Park Land Bond Act has a total of $4, 164,790 funds available to be dedicated towards non-urban jurisdictions throughout the State of California. Eligible projects include acquisition and development of special renovation in innovative recreation programs. DISCUSSION/ANALYSIS: After discussions with State representatives, the approximate amount that could be received would be between $10.0,000 _to $150,000, which would help offset costs related to the construction of the Atascadero Lake Pavilion or for the purchase of adjacent land. In order to receive funding , the City is required to provide a total of 30% matching funds. Of the 30% matching funds, the City is required to provide 2/3rds and 1/3 (or 1/7th of the total grant ) is required to be provided by private donations or non- State sources. OPTIONS: 1 . City Council can authorize filing an application for funds from the Roberti-Z' berg-Harris Urban Open Space and Recreation Grant Program. • 2. City Council can determine not to apply for grand funding from the Roberti-Z' berg-Harris Urban Open Space and Recreation Grant Program. RESOLUTION NUMBER 72-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR ATASCADERO LAKE PARK PAVILION OR ADJACENT LAND ACQUISITION WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'berg-Harris Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify, by resolution, the approval of applications prior to submission of • said applications to the State; and WHEREAS, said applications contain a certification that the applicant will comply with all Federal State, and local environmental , public health, relocation, affirmative action, and clearinghouse requirements, and all other appropriate codes, laws, and regulations prior to the expenditure of the grant funds; and WHEREAS, the project (s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs, with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby resolve: 1 . Approve the filing of an application for funding under the Roberti-z' berg-Harris Urban Open Space and Recreation Program; 2. Certifies that said agency understands the general provisions of the agreement . 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project (s) funded under this program. 4. Certifies that said agency has or will have available, prior • to commencement of any work on the project (s) included in this application, the required match funds. 5. Certifies that the project (s) included in this application conform to the Recreation Element of the City of Atascadero ' s General Plan. 6. Appoints the City Manager as agent of the City of Atascadero to conduct all negotiations and execute and submit all documents including, but not limited to, applications, agreements, amendments, payment results, and so on that may be necessary for the completion of the aforementioned project (s) . 7. Appoints the City Attorney as legal counsel for said agency with authorization to sign the certification on Page 1 of the application. On motion by ----------------------------- and seconded by ---------------------- ----------------------------, the foregoing resolution is hereby adopted on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: -------------------------- ------- ROLLIN DEXTER, Mayor ATTEST: - ---------------------------- BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: ------------------------------ JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: ------------------------------ RAY WINDSOR, City Manager REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item. B-1 Through: Ray Windsor, City Manager Meeting Date: 9/26/89 File No: TPM 23-88 From: Henry Engen, Community Development Director SUBJECT: Appeal by Tom Vaughan of Planning Commission' s denial of Tenta- tive Parcel Map 23-88 (10750 Santa Ana Road) . RECOMMENDATION: Deny the appeal based on the Findings for Denial adopted by the Planning Commission in the attached Exhibit A. • BACKGROUND : At their August 1 , 1989 meeting, the Planning Commission reviewed this proposed lot division from two lots to four lots, and re- quested the applicants to redesign the project to a three-lot configuration and continued the matter to the meeting of Septem- ber 51 1989 . At that meeting, the applicants indicated that they wished to have the four-lot proposal judged. The Commission, on a 5 : 1 vote with one abstention, denied the project based on the Findings for Denial included herewith. ANALYSIS : The applicants are requesting to subdivide two existing lots totaling 18 .78 acres into four parcels containing approximately 4 .50 acres each to be served by a proposed cul-de-sac City street. As indicated in the attached staff reports and Planning Commission minutes excerpts, the key issue was the availability of four adequate building sites given the steepness of slopes and poor septic suitability of the site. Moreover, the existing terrain and vegetation is not conducive to the construction of a City-standard road. The three-lot proposal served by a private • drive would result in less grading in that it would follow the existing access path and would not involve the removal of one heritage tree and other smaller , healthy oaks . • Included with the letter of appeal are letters submitted at the Planning Commission' s September 5,1989 meeting contending that there are four adequate building sites . Neither Commission nor staff concurred with that conclusion. ALTERNATIVE 1 . The City Council could uphold the appeal and direct staff to bring back conditions of approval for the four-way division. 2 . If the applicants have a change of heart, Council could refer the matter back to the Planning Commission for a redesign for a three-way division. HE :ph Enclosures: Letter of Appeal, received September 6, 1989 Sierra Pacific Engineering letter - Aug. 30, 1989 EDA Engineering Letter - August 24, 1989 Staff Report - August 1 , 1989 Staff Report - September 5, 1989 • Planning Commission Minutes Excerpts - Aug. 1, 1989 Planning commission Minutes Excerpts- Sept. 5, 1989 6 r VAUGHAN SURVEYS 630;14 fli STREET p6" Roblgs, CA 93446 (805) 238-5700 • FAX(805)239-7878 City of Atascadero Planning Department 6500 Palma Avenue Atascadero, CA 93422 Attn: Mr. Steve DeCamp Re: PM AT 88-242 Dear Steve, As you know, the above referenced Parcel Map was denied last night at Planning Commission. We hereby appeal that desicsion to City Council. Enclosed is a check for $100. 00 to cover the cost of the appeal. Sincerely, • VAUGHAN SURVEYS - Tom Vaughan TV/bc ; v , SEP 61999 SIERRA PACIFIC ENGINEERING CML ENGINEERING TIMOTHY P. ROBE SUBDIVISION DESIGN LAND USE PLANNING PRINCIPAL ENGIN August 30, 1989 PUBLIC WORKS DESIGN TRAFFIC ANALYSIS COMPUTER AIDED DESIGN City of Atascadero ` n PLANNING DEPARTMENT Post Office Box 747 Atascadero, CA 93423 Attn: Mr. Steve DeCamp Re: Parcel Map 23-88 - 10750 Santa Ana Road Subject: Suitability of Proposed Parcels Dear Steve, I have reviewed the issues concerning the above referenced application and revisited the site personally on Friday 25 August 1989. In walking the existing access road I would tend to support staff's recommendation that a private access road, requiring less site disturbance and no tree removal would be preferable over a city standard street. . With minor realignment of a switch back curve in Parcel 1 the existing access road would nicely serve the proposed 4 parcels. This proposed realignment would traverse an area void of tree ., cover while still maintaining an acceptable grade of less than 20%. The road could be constructed essentially at "Natural Grade" with very little earthwork required. Minor trimming and removal of downed branches would be the only work required around the existing tree cover. The second major issue concerning this proposed development is that of parcel size and compatibility. I am forced to disagree with your staff's findings where in it was stated that: "Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. " During my site inspection I personally identified several additional building sites which were not shown on your attached exhibit. The preferred sites have been carefully identified and analized for their esthetic appeal, 630 14TH STREET PASO ROBLES,CALIFORNIA 93446 • (805)238-5700 • FAX: (805)239-7878 i septic suitability, and minimal site disturance. I strongly concurr with the applicants contention 'that a minimum of four appropriate building sites have been determined. These sites clearly conform to your Residential Suburban Parcel Size Test Criteria and provide a minimum of 150 feet between future homes. With the existing oak tree canopy left intact as proposed; these sites will be afforded privacy and seclusion while being virtually hidden from view from the surrounding area. In summary, I would submit the following 1) Utilization of the existing access road would effectively and safely provide access to building sites on all four of the proposed parcels with no required tree removal and only minor grading. • 2) The site has the capability to accomodate the proposed four home sites without compromise of any environmental concern. A reduction to three lots would serve only to underutilize the potential of this property. 3) All engineering design concerns can be accomplished without utilizing "Extreme Building Techniques Roadway access, Home Design, Foundation Design, Septic Installation, Etc. will all incorporate Standard Hillside Construction Techniques. In closing, I would welcome the opportunity to meet with you or a designated staff member to walk the site to further clarify our design and address any possible concern which you may still have. I am confident that your further investigation and consideration of the special concern and effort which has gone into this application will result in a position of support for the project as presented. Sincerely, SIERRA PACFIC ENGINEERING Timothy P. Roberts, P.E. -�C �-XP. 9-30-91 TPR/bc s�\\ r. t�•,� i EDA LNGINLLHING ;;"4VELOPMENT -SSOCIATES August 24, 1989 Mr. William Dohan 8035 Santa Rosa Rd. Atascadero, CA 93422 Re: Building sites - 10750 Santa Anna Road, Atascadero, CA Dear Mr. Dohan, On August 23, 1989 two representatives for EDA walked the subject parcels in order to determine the availability and suitability of potential building and waste disposal sites. The sites accessed are delineated on Tentative Parcel Map AT-88-242 and a detailed Topographic Survey map provided by Mr. Tom Vaughan. The detailed locations were considered. The Tentative Parcel Map AT-88-242 proposes a 600 ' long access road into the site terminating at a cul-de-sac. The proposed building sites are set back from the proposed road at distances from 25 to 40 feet. Parcel 1• The building site on Parcel 1 is located approximately 160 feet north of Santa Anna; Road, and 25 feet west of the proposed access road, on a north facing slope with an average grade of approximately 17 percent. This location provides an unobstructed area nearly 90 by 60 feet in which to site a residence and waste disposal field. Additional area that appears suitable (slope less than 30%) for the waste disposal field is located west of the building site and the required 100 percent expansion area is located further north and down-slope of the building site. Parcel 2 • The building site on Parcel 2 is located approximately 400 feet north of Santa Anna Road, and 30 feet northwest of the proposed cul-de-sac, on a north facing slope with an average grade of approximately 15 percent. This location provides an open area nearly 100 by 90 feet in which to site a residence and waste disposal field. An area that appears suitable for the 100 percent expansion area is located approximately 60 feet further north and down-slope of the building site. This site will be the most difficult to develop but it is our opinion that with careful design the indicated building site is adequate. ENGINEERING • LAND SURVEYING • PROJECT ADMINISTRATION 1320 NIPOMO STREET • SAN LUIS OBISPO , CA 93401 • 805 - 549 - 8658 August 24, 1989 10750 Santa Anna Rd. Atascadero, CA Page 2 Parcel 3 • The building site on Parcel 3 is located approximately 600 feet north of Santa Anna Road, and 200 east of the proposed cul-de-sac, on a north facing slope with an average grade of approximately 14 percent. This location provides an unobstructed area nearly 100 by 200 feet in which to site a residence and waste disposal field. Additional area that appears suitable for building development is located down-slope toward northeast approximately 100 feet. Space for the required 100 percent waste expansion field is located west of the building site. Parcel 4: The building site on Parcel 4 is located approximately 350 feet north of Santa Anna Road, and approximately 150 feet east of the proposed access road, on a north facing slope with an average grade of approximately 10 percent. This location provides an area nearly 120 by 50 feet in which to site a residence. A location th-t appears suitable for the waste disposal field is located east of the building site and the required 100 percent expansion site is0 located further north and down-slope of the building site. An alternate building site is located about 70 feet south and up hill from the identified location. Comments• The location of the cul-de-sac "bulb, " and therefore the paving, is situated where two large oak trees exist. It appears prudent to relocate the bulb, perhaps up-slope to the south 50 feet, in an effort to avoid destruction of these trees and enlarge the proposed building site on Parcel 2. A "hammerhead" turnaround, in place of the cul-de-sac would further minimize tree removal and increase the area available on Parcel 2 while still providing an adequate turnaround. Conclusions• The exact building site locations that will be chosen will necessarily vary in the eye of the ultimate owner, building designer and engineer at the time actual building design development begins. Each site demands, and deserves, a well sited, designed and engineered building and septic disposal field. The building plan review and permit process in place in Atascadero August 24 , 1989 10750 Santa Anna Rd. Atascadero, CA Page 3 provides the mechanism for the Planning and Building Department to assure that all applicable building and health codes as well as engineering standards are adhered to in the design of all proposed residences. Should you have questions, please contact this office. Sincerely, Reviewed and Approved, ENGINEERING DEVELOPMENT ASSOCIATES <�)-C kk-q V/, David C. Main eith V. Crowe I? OFESS/p,.,a G 3i;�c1` /Erp. 12192 h DCM\89-861\DOHANI.LTR Co e e ,L S ; ' m _--- � - �!tn�� -,,� �' \: ��,•��a .nom-� R_ s n7 li f '•9 / n = n � o 3 z < Q n m m is m � z R z D r t! e n orl < cn � s rn a 'sN _ 1 � S � Y m CITY OF ATASCADERO Item: B. 1 STAFF REPORT FOR: Planning Commission Meeting Date: August 1, 1989 BY: Doug Davidson, Associate Planner File No: TPM 23-88 SUBJECT: To consider a request to subdivide two existing lots of 18 .78 acres total into four parcels containing approximately 4 .50 acres each. The request also includes the construction of a City standard cul-de-sac named Arbol Linda Lane. RECOMMENDATION: Staff recommends approval of a three-way subdivision based on the Findings for Approval in Exhibit G and the Conditions of Approval in Exhibit H. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Bill Dohan/Tom Vaughan • 2 . Representative. . . . . . . . . . . . . . .Twin Cities Engineering 3. Project Address. . . . . . . . . . . . . . 10750 Santa Ana Rd. 4 . Legal Description. . . . . . . . . . . .Lots 30 and 31, Blk. 26 5. Site Area. . . . . . . . . . . . . . . . . . . . 18 . 78 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7 . General Plan Designation. . . . . Suburban Single Family 8 . Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status . . . . . . . . .Negative Declaration posted July 18, 1989. B. ANALYSIS: The applicant proposes to subdivide two existing lots containing a total of 18 .78 acres into four parcels of approximately 4 .50 acres each. Both existing lots have frontage on Santa Ana Rd. 1 P ! • Under this proposal, the four lots will all be served by a new public road named Arbol Linda Lane. This road will be offered for dedication to the City for acceptance into the maintained street system. The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2 .5 and 10 acres depending on the "score" of the various performance standards. For this site, the minimum lot size criteria are: Distance from Center (10, 000 12, 000) . . . . . . . . . . . . . . . 0 . 30 Septic Suitability (40 - 59 min/inch) . , . . . . . . . . . . . . . . 1 .50 Average Slope (21% - 25%) . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .00 Access Condition (City accepted road) . . . . . . . . . . . . . . . . 0.40 General Neighborhood Character (5.40 acres) . . . . . . . . . . 1.08 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . .4 .28 acres The proposed lot sizes of 4 .50 acres are larger than the minimum lot size required for this site. Although, the minimum lot size criteria is met, the development of the proposed lots poses special concerns, most notably the placement of adequate septic systems on these sites . Septic System Design Although, the percolation results indicate a moderate rate of percolation (septic suitability) , staff has given a severe rating to this project (see above table of performance standards) . The reason for this is that the perc tests submitted (deep pit) indicate bedrock at only five and six feet. The minimum distance between the bottom of any absorption trench and bedrock must not be less than ten feet. This means that conventional septic designs will not function properly on these sites. Thus, it seems appropriate to define these lots as "severe" for septic suitability, regardless of the percolation rates in min/inch. In situations such as this, extensive engineering for septic system design is required. One alternative is an above-ground, or mound system, for obtaining the required depth to an impervious surface. As Exhibit F states, sufficient natural slope for mound systems does not exist on these sites; grading is necessary to accomodate them. Other alternatives are E.T. I . or E.T. systems which involve evaporation, transpiration, and infiltration for sewage disposal. The City has processed few systems of this type, however, they are becoming more common. These systems require considerable space (6, 000 square feet in one instance) and cannot be located on steep slopes. Furthermore, the systems tend to emit odors and should not be placed in proximity to neighboring dwellings. These systems are typically proposed only as a last ditch alternative to failed conventional systems. 2 As the Exhibits show, the proposed building sites are characterized by 20-30% slopes and are placed close to one another, particulary the lower sites where the natural slope is steeper. -- The City is frequently dealing now with the development of difficult lots that were created under County jurisdiction or as part of the Atascadero Colony. Staff believes that new lots should not be created unless it is certain that they are developable as single family parcels using proven waste disposal systems. Based upon the above analysis, staff cannot make the required findings for approval, particulary those dealing with the physical suitability and proper density of the site for development. As the City' s Subdivision Ordinance states on page 37, "Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. " Options While staff cannot support a four-way split, the site does appear suitable as a division of two lots into three. In this case, the three lots would be approximately six acres in size and provide buildable sites with more open space between them. This satisfies the land use goals of "elbow room" and scattered house sites so important to the General Plan. Larger lots will allow adequate area for the space consuming septic systems, as well as keeping these potentially odorous systems farther apart. A further justification for three-way split is the topography of existing Colony Lot 30 . As the attachments show, this lot does not contain a suitable building site. All four of the proposed building sites are located on Colony Lot 31 (with building area for Parcel 2 crossing the line) . However, Lot 30 is an existing legal lot and the City is bound to process a building permit application with the extensive grading and tree removal associated with it. Also, if only one of these lots was considered for a two-way split, it would be a parcel in excess of the 3: 1 ratio or a flag lot . Thus, the staff recommendation incorporates the site' s buildable areas by utilizing the entire 18 acre site. Most importantly, it eliminates dealing with the site development problems inherent in Lot 30 . Access The project proposes to construct a public street named Arbol Linda Lane for acceptance into the City maintained street system. This proposed street does not follow the existing access path and would involve the removal of one heritage tree and several other 3 0 healthy oaks during construction. Also, to constuct the City • standard cul-de-sac as proposed would require extensive grading on the site. The grading of the existing driveway, on the other hand, did not result in excessive grading or tree removal. As Exhibit D shows however, the existing dirt road is characterized by sharp angles which would require substantial rounding to meet the City' s turning radii requirement. Additionally, the maximum slope allowed on a City street is 15%, which in this case would require additional grading. Thus, to construct a City standard road in the location proposed, or along the existing alignment, will involve substantial site disturbance. For these reasons, staff is suggesting that the access road be constucted to private road standards to minimize grading and tree removal. The creation of flag lots was also reviewed as an alternative. A typical flag lot subdivision, however, is not consistent with the neighborhood (see Exhibit A) . Furthermore, the creation of a flag lot, with the "flag" access off to one side serving a lot in the rear, is not suitable to serve the proposed building sites. The existing road can be developed to meet the private road standards of the City and provide adequate fire access, while not creating a long "dead-end" cul-de-sac. The road should be owned to centerline by each of the fronting parcels, not by the lot furthest from the street. A private road agreement among the property owners will ensure maintenance. Lastly, a road serving three parcels is private in nature and does not warrant City • status. The proposed street name of Arbol Linda Lane poses no problems of identification to the public safety agencies. Translated from Spanish, arbol linda means "pretty tree", an appropriate name in this case. CONCLUSIONS : Staff' s recommendation attempts to minimize the site disturbance necessary to develop these lots by utilizing the buildable sites of the 18 acre property. Due to steep slopes slopes and poor septic suitablity of the site, a four-way subdivision is not appropriate. Likewise, the existing terrain is not conducive for the construction of a City standard road. A private street using the existing fire road alignment results in less necessary site work, while still providing adequate private and emergency access. Since this subdivision is not a typical flag lot, the road should be owned and maintained equally. The other road standards for flag lots, such as width of pavement, road maintenance agreement, and address identification signs have been included. 4 ATTACHMENT - • ATTACHMENTS : Exhibit A Location Map Exhibit B - Tentative Map Exhibit C - Map Detail Exhibit D - Existing Dirt Road Exhibit E - Development Statement Exhibit F — Letter on Septic System Design Exhibit G - Findings for Approval Exhibit H - Conditions of Approval 5 mow. Exhibit A ,I :" .,",y CITY OF ATASCADERO Location Map COMMUNITY DEVELOPNIENT TPM 23-88 DEPART.NfENT RSi: < '9 �L S ( F H ) Ng \ 4N r, O O D � 'sem i L(FH) i S ITE 7 0 �ROADzo LL,NO \ /; Exhibit B CITY OF'ATASCADERO Parcel Map CO,,VI UNITY DEVELOP.vfENT TPM 23-88 �Cuc�nF_R��1 `'Cam•.. T'/ DEPARTiti1ENT i OWNBRr3 CERTIFICATE X NcauT nRuur urRe,lAl.of rllw OM/ION OF REAL/f0►ERTr SHDw on THIS TENTATNa MAR ANO CSRTVr TWT Z AM THE AYTHORtssO REMIEETMTArM K O THE MNERS AND THAT TIM NAI N TROE AND CORRECT TO THE GEST or W RMDN'LEOOE. ^LLgR�� a I t8. i .... � r PA � / ♦ °j l 0 ♦� �. "7 y' 4 •A. VICINITY MAP • �.s r��-`s T 1•^�I � DFosa LOO• \ SrTE S AU"AOLW t ------------ i TENTATIVE PARCEL MAP ATOS-242 RENO A OV ON OF LOTS 10 AHD IN. N.00R 2s N ATAS MOO COLONY COUNTY Or SAH LW ON M, STATE v CALMORNIA,AS RECoMp N VVL1/41• TWIN CITIES EN6NJEE8ING INC ROO MAN frREaT/►O.Eox aYN777'Y _-- rsFm4 CALIOONIA sa4s IN!) I11•Rs4 s/NaT 1 Exhibit C ' CITY OF ATASCADERO Map Detail TPM 23-88 COMMUNITY DEVELOPMENT ,�. DEPARTMENT -LOT 30 E { N C� IDT ♦/ 1. + (r1 _ p5id ' ( S O J z 1125 TOM VAUGHAN, L.S. 57510 1940 Spring Street Paso Robles, California 931,46 (805) 238-5700 March 7, 1989 Exhibit E City of Atascadero Development Statement Planning Department 6500 Palma Avenue TPM 23-88 Atascadero, CA 93422 RE: Parcel Map AT88-242 (Dohan/Vaughan) Dear Doug: I would like to thank you and Steve for allowing me the opportunity to join you on your recent field review of the subject project. As per your request, I am addressing several concerns that we discussed at that meeting. First, is septic suitability. ;As indicated by the percolation tests submitted, engineered septic systems should be designed once a specific residence is chosen. This is primarily because of the depth to bedrock encountered on the site, however, this would still be a requirement because the percolation rates exceed 30 minutes/inch. Secondly, the proposed building sites indicated on the Tentative Map should not be misconstrued as being the only sites available. These sites are merely a representation of what I feel would be the easiest areas on which to build. As we saw in the field there are several alternatives. Thirdly, I am in the process of flagging the proposed centerline of the road as well as the propoced building sites shown on the Map. I hope this helps those viewing the site. Finally, the reason I have decided to 'provide access with a city standard road versus a private road is because of the flag lot requirement of the zoning ordinance. I would however, be susceptible to reverting back to the private road aspect. This could allow steeper slopes, less site disturbance if tha existing fire .--.ad were used, and less tree removal. I have been under the irp ession that the City preferred standard- roads over private, but either way would be acceptable. The change would not be major. At any rate, I hope this helps, and if I can answer any additional questions, please do not hesitate to give me a call. Very truly ours, v TOM VAUGHAN, L.S. 5751 - TV:ds EXHIBIT F VAUGHAN SURVEYS 1940 Spring Street • Paso Robles, CA 93446 (805) 238-5700 • FAX (805) 239-7878 . JUr-4 31) 1989 CVM MzMTY DCVLL'f J ..=ascaderc , Cm. 934- 11 6 _,!r. ,==vim- ' _' „une 27 1989 Re . Private Sewage Disp-Sa_ -ea.S' bi -ity Study fCr Tentative M_� A-_ 33-242 , 10753 -3anta Aa, Atascadero . Dear `:r . DeCamp : to your _e=er ^4--;ed Jule 6, TAe have performed a 7'orog� -r�chicai suer` ey on o Sub i ect site , We have ide:-_-` _e: S'_4-es ��_= Lade -cr '_e g. .^_eery: 7riva-e- sewage disposal Systems W=i-= na:':ra_ grou n: slopes ra n_' ng from 11-1710. is t:.is C_-C on }hat :Hound or ��TapC:r3nSTJlr?t'_O^.%-ni l r3r:4^ type systems will function adequate' y. The areas identi=led are srowr. on the accommpanying map as shaded areas 45 'x 60 ' . These areas Will accommodate a system for a 3- bedroom house with space for 100expansion. The 3nt�cl�ated design infiltration rate will be . 50 Ga: per sq. ft. per 3�1r. There are adequate building sites above cr adjacent the pro-oosed di:-osal Sites which will facilitate gravity flow systems . Individual system=s will be designed and constructed in 3�Cor^.3::Se with the State Water Resources Control Board "Guide l-nes for i1cun d Systems" and "Guid1 ines for �vapotra spiratior. System_ . " The prim---y constrain= regarding the installation of mound systems _s the na-ura_ ground slope . The .natural ground slope fcr mound systems is not to exceed 12%. We propose to Yer:orT minor site grading ing (cuts and fills less that: 2 ' ) to �i bring the areas into con=ormance for installation of mound systems . In no case will the existl ing soil mantel be disturbed in the area where the system is to be installed . Should this ^T '"-e unacceptable , the alternative would be to Inst-c+ -S'--,spiration/Infiltratior. systems . �U, Sincerely, V Z,�4 1JGHAN SURVE S r No. 44086 UP. 6/30/93 � � frey B. Mills `p;" CIVIL j' Ci it Engineer RTV/and F OF CAU' _l 0 EXHIBIT G - Findings for Approval Tentative Parcel Map 23-88 10750 Santa Ana Rd. Dohan /Vaughan/Twin Cities Engineering August 1, 1989 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: r 1. The creation of three parcels conforms to the applicable General or Specific Plan. 2. The design and/or improvements associated with a three-way subdivision is consistent with the applicable General or Specific Plan. 3. The site as three parcels is physically suitable for the type of development proposed. 4. The site as three parcels is physically suitable for the density of the development. 5. The design of the subdivision, as conditioned, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The proposed subdivision, as conditioned, will not cause serious health problems. 8. A three-way subdivision is consistent with the character of the neighborhood. 9. The installation of a standard street, while feasible, is not desirable, due to extensive site disturbance necessary for construction. 10 . A three-way subdivision is justified by topographical conditions . 0 • EXHIBIT H - Conditions of Approval Tentative Parcel Map 23-88 10750 Santa Ana Rd. Dohan/Vaughan/Twin Cities Engineering August 1, 1989 CONDITIONS OF APPROVAL: 1. The parcel map shall be redesigned as a three-way subdivision, with the three lots being approximately equal in size. The existing fire road alignment shall be developed to private road standards to serve the three parcels. 2. Water shall be obtained from the Atascadero Mutual Water Co. Water lines shall be extended to the frontage of each parcel or its public utility easement prior to the recording of the final map. 3. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 4 . Grading, drainage, and erosion control plans, prepared by a • registered civil engineer, shall be submitted for review and approval by the Community Development and Public Works Departments prior to recordation of the map. Drainage facilities shall be constructed to City of Atascadero standards and completed prior to recording of the final map. 5. Road improvement plans for the private road, prepared by a registered civil engineer, shall be submitted to and approved by the Community Development and Public Works Departments prior to recordation of the final map. Plans shall include, but not be limited to the following: a. The private road shall follow the alignment of the existing fire road and include measures to preserve and protect trees. b. Plan and profile for the private road. c. The private road shall be twenty-four feet wide with twenty feet of pavement. d. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot. 0 0 6. Construction of the private road shall be completed prior to recordation of the final map. 7. The improvement plans shall be reviewed and approved by the Fire- Department prior to recording the final map. Plans shall include the provision of one City standard fire hydrant at the end of the cul-de-sac. 8 . The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Public Works Department sign standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 9. An encroachment permit shall be obtained from the Public Works Department for all work to be done within the public right-of-way prior to recording of the final map. Applicant shall sign an inspection agreement, guaranteeing that the work shall be done and inspections paid for prior to the start of public works construction. The construction of these improvements, as directed by the encroachment permit, shall be completed prior to recording the final map. The location of the new private road shall be checked for adequate sight distance along Santa Ana Rd. prior to approval of road improvement plans. 10 . All three parcels shall have no direct access to Santa Ana Rd. Access to all lots of the subdivision shall be from the new private road. Relinquishment of access rights shall be shown on the final map. 11 . A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this affect shall appear on the final map. 12 . A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be by a date specific and that they will be sufficient to enable the survey to be retraced. 0 0 , b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 13. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. ITEMP B-1 iMEMORANDUM TO: Planning Commission FROM:D•D Doug Davidson, Associate Planner RE: Tentative Parcel Map 23-88 - 10750 Santa Ana Rd. DATE: September 5, 1989 On August 1, 1989, the Planning Commission conducted a public hearing on the above-referenced parcel map. After taking public testimony, the Commission decided to send the item back to staff to prepare Findings for Denial of a four-way lot division. As an alternative, the applicant could submit a revised three-way map for consideration at the September 5th meeting. After submitting two options for a three-way split on an informal basis, the applicant has decided not to revise the map. Consequently, the staff has prepared the appropriate findings per the Commission' s direction. As stated in the staff report, Findings #3 and # 4 were the most difficult to make in the affirmative. Due to the steep slopes and severe septic suitability, this site is not suitable for the development of four residences. Likewise, the construction of the proposed City standard cul-de-sac would result in substantial grading and tree removal. Thus, Findings #1 and #2 are also written in the negative for the General Plan does not invite this type of subdivision based on the following language (Pg. 57) : "Attention shall be paid to the aesthetic result of land division. Building sites shall be encouraged on natural slopes, with minimal disruption of native vegetation and watersheds, and efficient layout of access and utilities. " Perhaps the City' s Subdivision Ordinance provides the best summary of the staff' s position (Pg. 37) : "Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. " RECOMMENDATION: Staff recommends denial of Parcel Map 23-88 based on the attached Findings for Denial. DD/dd Attachments: Findings for Denial Staff Report dated August 1, 1989 EXHIBIT A - Findings for Denial Tentative Parcel Map 23-88 10750 Santa Ana Rd. (Vaughan/Dohan) September 5, 1989 MAP FINDINGS: 1. The proposed map is not consistent with the General Plan. 2. The design and/or improvement of the proposed subdivision is not consistent with the General Plan. 3. The site is not physically suitable for the proposed type of development. 4. The site is not physically suitable for the proposed density of development. 5. The proposed map is not consistent with the general requirements of the City' s Subdivision Ordinance, as contained in Section 11-8. 201. PLANNING COMMISSION • • MINUTES EXCERPTS - 8/1/81 • MOTION: Ma e _ ommissioner Luna, seconded b s- sioner Waage carried approve Item A-1 with the amen ted above. B. HEARINGS, APPEARANCES, AND REPORTS 1. TENTATIVE PARCEL MAP 23-88 : Application filed by Bill Dohan and Tom Vaughan to sub- divide two existing lots of 18 .78 acres into four lots of approximately 4 . 50 acres each. Subject site is located at 10750 Santa Ana Road. Mr. Davidson presented the staff report summarizing reasons (septic system design, slopes, topography, access) for staff recommending approval of a three-way lot division as opposed to a four-way split. He responded to questions from the Commission relative to the appropriateness of reviewing the recommendation in light of the applicant' s desire for four lots, the flexibility of condition ##1 for provision of a three lot redesign, suitable areas for septic systems, etc. • Tom Vaughan, representing the applicant, presented the Com- mission with information Concerning permit time limitations ( from the Government Code) and asked for approval of a four way split. A lot of time and effort has been spent in designing the site; various experts have dealt with septic suitability on the site with four engineers making their recommendations . Mr. Vaughan stated his belief that Lot 30 has two buildable sites and that efforts have been taken to minimize site disturbance on that lot; extensive design has been done to preserve the trees on the site. In response to question from Commissioner Brasher, Mr. Vaughan replied that either a mound or evaporative type septic system could be designed for the site. He expressed concern that some material pertaining to the engineers' ' recommendations, as well as copies of percolation tests, were not included in the agenda packet. In response to question from Commissioner Luna, Mr. Vaughan spoke on the number of trees proposed for removal . Discus- sion followed. Bill Dohan, applicant, presented a letter to the Commission that he read which summarizes their position on this application. The letter questioned, among other issues, timely processing With regard to time limits allowed by the Government Code, why the proposed sites are not Suitable after four engineers ' statements attested to the suitability of the sites, percolation rate calculations ; etc. Mr. nohan contended that the average building site slopes are 11-17 and not 20-30 as determined by staff and noted that the (• proposed average lot size of 4 . 5 net acres is . 72 acres per lot above the minimum. He further stated his belief that the recommendation has been based on misrepresentations, deletions and erroneous information. Chairperson Lochridge referenced a letter from John Falken- stien with Cuesta Engineering and stated he felt Mr. Falkenstien' s recommendation differed from that of another engineer with regard to adequate percolation, septic suitability, etc. He expressed concern on 'whether there is enough room to accommodate a building site, driveway, and septic system without extensive site disturbance. Discussion followed. In response to question from Commissioner Waage, Mr. Dohan stated it was his understanding that Mr. Vaughan, on a number of occasions, informed staff that they should watch their time limits concerning applications, and explained time lines involved. In addressing Mr. Dohan' s and Mr. Vaughan' s testimony, Mr. DeCamp stated that part of his working relationship with Mr. Vaughan for the past 3+ years has been based largely on telephone conversations and spoke to the time limitations involved with CEQA and the Government Code. Mr. DeCamp summarized the application' s timeline from date of submittal until the application was determined to be complete on June 30, 1989 . Mr. DeCamp further stated that, based on informa- tion the applicant submitted which indicated the average cross slopes ranging from 20; to 35 , staff began to have serious concerns about the suitability of the sites for septic systems . He explained methods by which staff deter- mined the minimum allowed lot size. Discussion continued concerning the difference between conventional septic systems and extraordinary systems (e.g mound system, E.T.I . or E.T. ) ; average cross slope as determined by the Subdivision and Zoning ordinances, road improvement plans as they relate to tree removal, etc . Chairperson Lochridge expressed his feeling that both staff and the applicant were working toward a common goal with this application and based on information he has reviewed, he would be reluctant to create a home site where there may not be one where all issues in the Subdivision ordinance and General Plan aren' t met. Commissioner Lopez-Balbontin inquired whether staff had re- viewed the applicant' s contention that there are two buildable sites on Lot 30 to which Mr. DeCamp responded. Commissioner Lopez-Balbontin stated the proper spelling for the proposed street name "Arbo Linda" should read "Arbo Linda" . i MOTION: Made by Commissioner Brasher, seconded by Commis- sioner Luna to send Tentative Parcel Map 23-88 to staff for development of Findings for Denial of a four-way lot division. If, during that process, the applicant wishes to consider a three-way split, staff is to report back for the meeting of September 5, 1989 . The motion carried 4 : 2 with the following vote: AYES: Commissioners Brasher, Luna, Waage, and Chairperson Lochridge NOES: Commissioners Highland and Lopez-Balbontin Commissioner Highland stated he could not support the motion because his personal observation of the property would lead him to believe there are at least five buildable sites on the two lots . He also felt that based on the information presented tonight, engineered septic systems could be installed. Commissioner Waage noted he has walked the site extensively and did not feel there was room for four building sites along with the septic systems . Chairperson Lochridge declared a recess at 8: 53 p.m. ; meeting reconvened at 9 :03 p.m. 2. TENTATIVE PARCEL MAP 12-89 : ApDlication filed by Genevieve Colombo for divisioi of one parcel containing 10 . 0 acres into two lots stain-(J 2 . 0 acres, one lot containing 1 . 0 acres, d one lot ontaining 5 .0 acres . Subject site is orated at 10785 Camino Real. Mr. DeCamp presei ed the staff report t ing a recent Gen- eral Plan Amendment hick extended t Urban Services Line to the subject parcel id one to a south. Staff is recommending approval su ect 21 conditions which are based on the site' s zoning r high density multi-family use. Commissioner Lopez- dlbontin express -d concern of what impacts might oc r if one of the pare s is sold and then developed as ► ti-family in a possible p ' - cemeai manner. Discussion ollowed as to the potential of e property develop ' g multi-family; discussion also took ace on the propo d 20 foot private access road. len Lewis, representing the applicant, summarized the history concerning the lot configuration for the property. • • PLANNING COMMISSION MINUTES EXCERPTS -9/5/8 Nomin tions for Vice-Chairperson - MOTION: ommi ssi over• Brasher moved to nominate Comrni :si or .r L na for Vice-Chairperson . Chairperson Lochri e sec nded the motion . MOTION: Commissioner Lopez-Balbontin moved to not nate Commis- sioner ommis- sioner• Hi hland for vice chairperson . Commissioner High nd stated he would n _ serve in this office . Commissioner Lope -Bal bona i n w' hdr•ew the motion . Steve stater.! Commissioner Luna as t e new Vice-Chair•per•son by acclamation . PUBLIC COMMENT No public, comment was r•p ..e i ved . A. CONSENT CALE AR 1 . Appr• .oval of minutes of the regular P1 anni n Commission m- :ting of August 15 , 1989 MO ON: Made by Commissioner Luna , seconded by Commi s i oner• Brasher and carried 7 : 0 to approve the consent calendar as presented . S . HEARINGS, APPEARANCES, AND REPORTS 1 . TENTATIVE PARCEL MAP 23-88 : Application filed by Bi 1 1 Dohan and Torn Vaughan to subdivide two lots of 18 . 78 acres into four parcels containing approximately 4 . 50 acres each . The request also includes construction of a City standard cul -de- sac named Ar•bol Li ndo Lane . Subject site is located at 10750 Santa Aria Road . (CONTINUED FROM 8/ 1/89 MEETING) Chairperson son Lachr•i cage announced that he will entertain only new information associated with this item. Doug Davidson presented the staff report summarizing the background from the previous meeting . It: was noted the applicant has decided not to revise the map ; staff recommendation is for denial of the four-way lot: split . Chairperson Lochr• i dge stated two letters were subm i f Led to the Commission just prior to this meeting and allowed Lhe Commission the opportunity to review them . Commissioner, Hanauer- stated he Would abStairl fr,orri any par-ticipat ion in this matter- As he was not -in --n-O-Aendance at the August 1st 11,F-al"ing . Tom Vaughan , Applicant , apologized for, the lateness in submitting the 1 e t t e r-s and S U mitia r-i z e d i---h e s t a f e m E...n ky contained in the cor-r-espondence Fr•om -two engineer­_�.; ( EDA and Sier-r-a Pacific. Enc3ineer-ing) who concluded that four, parcel were possible . He Asked that the -Findings for- denial be adjusted to r-eflect findings for- approval of a four—way split . He then responded to quest-ions from the Commission pertaining to the potential for- tree removal with putting in the proposed street rather- than utilizing- the existing fir-e lane ; other, alter-native building sites for, the Dar-cels And Sep-tic systems for- the sites . --ommissioner, Luna referenced a section of the General Plan pertaining to dead end streets and cul -de-sacs being limiting factors as it relates to fire district operations. Discussion followed . There was also discussion relative to what effect a three waySpl it Vel"SUS a four--Way Split WC.)Uld have on the. Fir-e Department ' s r-equir-ements . MOTION: Made by Commissioner- Luna and seconded by Commis- sioner- Brasher to deny Teti fat i ve Par-cel Map 23-88 based on the findings For, denial contained in the staff r-epor-t . The motion car-r- ied 5 ., 1 : 1 with Commissioner- Highland dissenting and Commissioner, Hanauer- Abstaining . 2. V RJANCE 2-89 : Apple altion filed by David Singer- and Susan Har-kn for- a VFKIanc:e from the Zoning Or,dinance r-ear, e t b.4.-1 c_k standards . Subject site is located at 540 a j a dia Avenue . Mr- . Davidson presented e staff r-ep sumuiHr-i z i fig the Plannina COMIllission ' s or,ev " us (A-- i -al of .4 var,iance for• a 01 f- coati. to the setback with the COUn i �t Fer-r,i ng h mH :er, --ommission For, consider-at - n of 5 rear- setback . gaff ' s r•ecornrn�ndation sror• Beni;.. OfTifflission ques ..Ions and di scussi oil Fol wed c(:)I I c e r,li i n f:l possilble a! locations . 1!.-iv ' S i nger- , ;:tpol icant. , spoke 1n stipoor, I .)F 111 -'euut Lina the effo;_fs which h.-,v.= [)eell i r1 1 r,v i nu I ec i- location Fol- the gar-,la- which would Nave I-A)� her-itage (:).=ik tr-ee in the r-ear- . Mr- . � .I - I I":j e I Spoke the I i S t of n e i g I-l'o o r- i n ag p r-op i;-r, 1:i e.s CI 0 11 1­a i i I e d i f'1 1-he s I:a F F r-e P 0 r-f fT)a n v of therm r-n e-r- i o w f I I c n do:) n o t meet -F h e MEETIV6/89 AGENDA c-1 DATA_____._._ • # NOTE: DOWNTOWN PARKING LOT AGREEMENTS: AS OF TIME OF DISTRIBUTION OF THE CITY COUNCIL AGENDA, THE STATUS OF THIS SUBJECT HAS NOT CHANGED; HOWEVER, STAFF IS CONTINUING TO KEEP THIS ITEM ON THE AGENDA. ANY FURTHER DEVELOPMENTS WILL BE REPORTED AT THE COUNCIL MEETING. • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item C-2 Through: Ray Windsor, City Manager Meeting Date: 9-26-89 From: Mark Joseph, Administrative Services Director SUBJECT: Adoption of Resolution authorizing the sale of Certificates of r Participation, f RECOMMENDATION: Staff recommends Council adopt the attached resolution ; authorizing the City Manager and the Mayor to sign a purchase contract and associated legal documents to provide funding for the Police Headquarters, Park Pavilion and Parkland Acquisition Projects. The resolution does not include a specific sale price, but sets an upper limit to how high the bonds can be sold without further Council action. • BACKGROUND/ANALYSIS: The documents are undergoing final revisions and are expected to be in their "final form by Tuesday. The latest version is available in my office. They are substantively in the same form as those included in the September 12 agenda packet . The adjustments relate to filling in the blanks, reconciling the various documents to each other , and clarifying collateral issues (see below) . The agreements will undoubtedly continue to have minor changes made even after Council adoption. In fact, the resolution authorizes the City Manager to make such changes. The major change of events since Council ' s meeting of September 12, 1989 is that the interest rates for municipal bonds have climbed sharply. Based on the Underwriter 's latest review, our net annual premiums (after deducting interest earnings from the reserve fund and adding administrative charges) ,will be approximately $185,000. This is $15,000 more than reported to Council on September 12. (The amount noted in the draft resolution does not include interest earnings) . • • Frankly, the City can afford this additional cost . The concern centers around the volatility of the market . If interest rates continue to climb , the sooner we enter the market the better . If the market is only experiencing a temporary upswing (due, for example, to a sudden influx of borrowers entering the market-- such as ourselves) then we might reduce our expense by waiting . It is very important to stress that no one can predict what the market will do -- the Underwriter ' s best guess is that the market is temporarily flooded with similar issues, thereby driving rates up for a limited period of time. The second issue regards the Police Headquarters as collateral . In order to assure the bondholders have $2 million worth of value, and , since part of the collateral is the remodeled Police Headquarters , the City needs to be prepared to commit itself to completing the project , and to commit enough resources to assure that the combined value of both facilities ( the Fire Station and the Police Station) equal or exceed $2 million. Based on the latest architect ' s estimates, even the scaled down version would meet the requirement . In fact , if bids come in lower than expected , we could still apply the value of the architect ' s time (and other incidental costs) to meet the collateral obligation. The third issue involves annual administrative charges. The two • primary costs are trustee fees and rental interruption insurance. The trustee fees are estimated at approximately $2,500 annually and interruption insurance at somewhat less than $2,000. The insurance estimate is probably on the high side and might also come down some. Administrative costs represent roughly two percent of the total debt payment , which does not appear excessive. OPTIONS• 1 . Adopt a "Parameters" Resolution on September 26. The resolution would constitute formal approval to undertake the _ transaction yet allow the City Manager limited discretion on when to sell the bonds. By taking action on September 26, the City will be able to take advantage of any trends in the market . For example, if the market continues to escalate, we can take action immediately, to avoid further costs. 2. Adopt a "Parameters" Resolution at a later date. This option maintains the same advantage as number 1 , except that it necessarily precludes our ability to take immediate action (until at least the next Council session, on October • 10) . FISCAL IMPACT: The exact cost is not known at this time which explains why there is no budget resolution. The actual sale may occur prior to Council ' s October 10 session. If that is the case, an update with a budget resolution will be submitted . Attachments 1 ) Draft Resolution r RAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE ISSUANCE OF $$2, 000, 000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION IN LEASE PAYMENTS TO BE MADE BY THE CITY PURSUANT TO A LEASE WITH THE CALIFORNIA PUBLIC AGENCY LEASING CORPORATION, AUTHORIZING THEIR SALE AND A PURCHASE CONTRACT, AUTHORIZING A REAL PROPERTY LEASE, A LEASE AGREEMENT AND A TRUST AGREEMENT AND APPOINTING A TRUSTEE AND APPROVING A TRUSTEE'S AGENT THEREUNDER, AUTHORIZING AN AGENCY AGREEMENT, APPROVING AN ASSIGNMENT AND AUTHORIZING APPROVAL OF A FORM OF OFFICIAL STATEMENT AND OTHER RELATED MATTERS POLICE HEADQUARTERS, PARK PAVILION AND PARK ACQUISITION PROJECTS WHEREAS, the City of Atascadero, San Luis Obispo County, California. (the "City") , is owner of certain real property for fire station purposes (the "Fire Station Property") and has recently acquired certain real property for police headquarters purposes (the "Police Headquarters Property") ; WHEREAS, the Fire Station Property is fully-improved with a fire station and the Police Headquarters Property is improved with a building with respect to which the City desires to reconstruct, rehabilitate, improve and install a police headquarters (the "Police Headcraarters Project") ; WHEREAS, the City desires also to demolish, construct, reconstruct, improve, adapt and install with respect to certain other real property which it owns, a public park pavilion, to acquire additional land for park purposes, and to relatedly improve park land (the !°Park Pavilion, Park Acquisition and Improvement Project") ; WHEREAS, the City proposes to finance the Police Headquarters Project and the Park Pavilion, Park Acquisition and Improvement Project by the lease by means of a real property lease (the "Real Property Lease") between the City, as lessor, and the California Public Agency Leasing Corporation (the "Corporation") , as lessee, of the Fire Station Property and the Police Headquarters Property, by the lease by means of a lease agreement (the "Lease") between the Corporation, as lessor, and the City, as lessee, of the properties leased pursuant to the Real Property Lease, and by a trust agreement (the "Trust Agreement") among the City, the Corporation and The Bank of New York Trust Company of California, as trustee (the "Trustee") , _ an assignment agreement (the "Assignment") between the corporation and the Trustee, and an agency agreement (the "Agency Agreement") between the Corporation and the City, each of which instruments are for the purposes of identification, dated as of October 1,1989 ATAs(5)/Cop208 i,1_1 J.Li:,ll'i RESOLUTION NO. Page (2) WHEREAS, moneys to pay for the Police Headquarters Project and the Park Pavilion, Park Acquisition and Improvement Project are proposed to be obtained by the Corporation by the issuance by the Trustee of certificates of participation evidencing the undivided fractional interest of the owners thereof in lease payments to be made by the City as the rental for the Fire Station Property and the Police Headquarters Property pursuant to the Lease (the "Certificates of Participation") , and by the sale of the Certificates of Participation to First California Capital Markets Group (the "Purchaser") pursuant to a purchase contract (the ".Purchase Contract") ; and WHEREAS, the Purchaser has caused a preliminary official statement (the "Preliminary Official Statement") to be prepared relating to the Certificates of Participation; NOW, THEREFORE, the City Council of the City of Atascadero hereby resolves, as follows: 1. The forms of Real Property Lease, Lease, Trust Agreement, Assignment, Agency Agreement, Preliminary Official Statement and Purchase Contract are approved. 2. The City Manager is authorized to approve insertions, omissions and other changes in the Preliminary Official Statement, including in the schedule of principal maturities, and to release the same for distribution by the Purchaser to brokers, dealers, banking institutions and other persons who may be interested in purchasing the Certificates of Participation from or through the Purchaser substantially in the form hereby approved. 3 . The City Manager is authorized to approve insertions, omissions and other changes in the Purchase Contract and to execute and deliver the Purchase Contract to the Purchaser, substantially in the form hereby approved, upon the following conditions: (a) The Certificates of Participation shall aggregate $2 , 000, 000 in principal amount and the final maturity date shall be July 1, 2009 ; (b) The aggregate amount of each of the annual Lease Payments shall not exceed $�3 OOo ; and (c) The underwriting discount of the Purchaser shall not exceed1, SATA5(5)/COP208 RESOLUTION NO. _ - -- Page (3) 4. The Mayor or Mayor Pro Tempore is authorized to approve insertions, omissions and other changes in each of the Real Property Lease, Lease, Trust Agreement, Assignment and Agency Agreement, to execute the Real Property Lease, Lease, Trust Agreement and Agency Agreement, substantially in the forms hereby approved, with such additional changes therein as shall be necessary in order to conform the sauce to the Purchase Contract, and to acknowledge execution of the Real Property Lease and the Lease. 5. The appointment by the Trust Agreement of The Bank of New York Trust Company of California as Trustee is confirmed and the appointment by the Trustee of The Bank of New York as Trustee's Agent is approved. 6. The issuance by the Trustee of $2, 000,000 principal amount of Certificates of Participation is authorized pursuant to the Trust Agreement and the sale of the Certificates of Participation to the Purchaser is authorized pursuant to the Purchase Contract. 7. The City Manager is directed to review and is authorized to approve and execute a final Official Statement (the "Official Statement") , setting forth such amendments, supplements and other changes to the Preliminary Official Statement as shall be necessary or appropriate so that the Official Statement does not make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which made, not misleading, and to deliver for and on behalf of the City the official Statement to the Purchaser for distribution by the Purchaser to the purchasers from or through the Purchaser of -the Certificates of Participation. a . The City Clerk is authorized to authenticate execution of said instruments to be executed by the Mayor or Mayor Pro Tempore and affix the official seal of the City. 9 . The City Manager is authorized to deliver for and on behalf of the City each of said instruments to be executed by the Mayor or Mayor Pro Tempore and to receive for and on behalf of the City delivery of such instruments executed by the other parties thereto. 10. The City Manager at the time of delivery is authorized to approve insertions, omissions and other charges in any of said instruments authorized hereby and in the Assignment, and delivery by the City Manager of each of said instruments executed by the City shall be deemed to be approval by the City of any changes in the ATAS(5)/C0P208 RESOLUTION NO. Page (4) forms of said instruments authorized hereby, even if substantial, and any insertions, omissions and other changes, so that said instruments fully executed by each of the parties to the respective instruments and delivered shall be conclusive evidence of their authorization pursuant hereto. 11. Upon execution of the Purchase Contract, the Mayor, Mayor Pro Tempore, City Treasurer, City Clerk, City Manager and other City officers and employees are hereby authorized, for and on behalf of the City, to do any and all things and take any and all actions which they, or any of them, may deem necessary or advisable in order to consummate the transactions as hereby authorized including, without limitation, the recordation of said instruments and the Assignment to be recorded and the execution of any and all . certificates, requisitions, notices, consents, other documents and agreements (which agreements may include escrow instructions and agreements with the Trustee and with any title or other insurers) and the approval of any and all of same executed by others. 12 . The provisions of this resolution and of the Real Propertyy Lease, the Lease, the Trust Agreement and the Certificates of Participation shall, unless otherwise provided therein, constitute a contract with the owners from time to time of the Certificates of Participation which shall continue in effect until the Trust Agreement shall be discharged by its terms or the terms of the Lease and the Real Property Lease shall end, and the duties and obligations of the City and its officers, employees and agents under each of said instruments shall be enforceable as provided therein. 13 . For the purpose of qualifying the Certificates of Participation under Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended, describing an exception for certain obligations from the disallowance, in the case of certain financial Institutions, of a deduction for interest expense which is otherwise allocable to such obligations, in order that interest expense allocable to they Certificates of Participation not be disallowed as a deduction by such financial institutions under Section 265 (b) (1) of said Code, the City hereby designates and confirms the delignation by Section '7 . 06 (f) of the Trust Agreement of the Certificates of Participation for purposes of Section 265 (b) (3) of said Code and further confirms the representations and covenant stated in said section 7. 06 (f) of the Trust Agreement. 14 . All resolutions and other official actions of the City in conflict with this resolution are hereby repealed, rescinded and set aside to the extent of such conflict. ATAS(5)/COP208 RESOLUTION NO. Page (5) 15. This resolution shall be immediately effective. - PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held September 26, 1989 by the following vote: AYES: NOES: ABSENT: DATED ADOPTED: CITY OF ATASCADERO, CALIFORNIA By _ ROLLIN DEXTER, Mayor ATTEST: BOYD C. SHARrTZ, C ty Clerk APPROVED AS TO FORM: JEFFREY U. JORGENSEN, City Attorney APPROVED AS TO CONTENT: �rr►scs�icoazoa --- NG • � DATE-2a6T'� 89 AGENOI�-2 _(_ tTM • # NOTE: THE STAFF REPORT AND RESOLUTIONS CONCERNING CERTIFICATES OF PARTI- CIPATION FINANCING WILL BE PROVIDED AT A LATER TIME. • • • M E M O R A N D U M REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item C-3 Fro Ray Windsor, City Manager Meeting Date: 9/ 26/89 SUBJECT: Economic Development Committee RECOMMENDATION: It is requested that Council review this matter further and • indicate whether you wish to move forward as indicated. BACKGROUND : In the recent past, there has been informal discussion about the creation of an economic development arm of the City similar to but more comprehensive than the Chamber of Commerce committee. DISCUSSION: In light of the fact that the Downtown Steering Committee is winding up its work with the proposed Master Plan, a suggestion has been made that it not be disbanded but asked to continue functioning as the Economic Development Committee. As you know, this committee reflects a cross-section of interests and groups within the community and would function, essentially, to provide both overview of proposed projects prior to or during the ap- plication development process, as well as attempting to secure potential economic development consistent with policies and goals of the General Plan. This matter was briefly touched on at a recent Steering Committee meeting, and the members present seemed to feel that such a transfer of authority from Downtown Steering Committee to Economic Development Committee would be appropriate. • RW:cw r, t RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE EXECUTION AND DELIVERY OF $2, 000, 000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION IN LEASE PAYMENTS TO BE MADE - BY THE CITY PURSUANT TO A LEASE WITH THE CALIFORNIA PUBLIC AGENCY LEASING CORPORATION, AUTHORIZING THEIR SALE AND A PURCHASE CONTRACT, AUTHORIZING A REAL PROPERTY LEASE, A LEASE AGREEMENT AND A TRUST AGREEMENT AND APPOINTING A TRUSTEE AND APPROVING A TRUSTEE'S AGENT THEREUNDER, AUTHORIZING AN AGENCY AGREEMENT, APPROVING AN ASSIGNMENT AND AUTHORIZING APPROVAL OF A FORM OF OFFICIAL STATEMENT AND OTHER RELATED MATTERS POLICE HEADQUARTERS, PARK PAVILION AND PARK ACQUISITION PROJECTS WHEREAS, the City of Atascadero, San Luis Obispo County, California (the "City") , is owner of certain real property for fire station purposes (the "Fire Station Property") and has recently acquired certain real property for police headquarters purposes (the "Police Headquarters Property") ; WHEREAS, the Fire Station Property is fully-improved with a fire station and the Police Headquarters Property is improved with a building with respect to which the City desires to reconstruct, rehabilitate, improve and install a police headquarters (the "Police Headquarters Project") ; WHEREAS, the City desires also to demolish, construct, reconstruct, improve, adapt and install with respect to certain other real property which it owns, a public park pavilion, to acquire additional land for park purposes, and to relatedly improve park land (the "Park Pavilion, Park Acquisition and Improvement Project") ; WHEREAS, the City proposes to finance the Police Headquarters Project and the Park Pavilion, Park Acquisition and Improvement Project by means of a real property lease (the "Real Property Lease") between the City, as lessor, and the California Public Agency Leasing Corporation (the "Corporation") , as lessee, of the Fire Station Property and the Police Headquarters Property, a lease agreement (the "Lease") between the Corporation, as lessor, and the City, as lessee, of the properties leased pursuant to the Real Property Lease, and a trust agreement (the "Trust Agreement") among the City, the Corporation and The Bank of New York Trust Company of California, as trustee (the "Trustee") , an assignment agreement (the "Assignment") between the Corporation and the Trustee, and an agency agreement (the "Agency Agreement") between the Corporation and the City, each of which instruments are for the purposes of identification, dated as of October 1, 1989; ATAS(5)/COP208 . S • • t RESOLUTION NO. Page (2) WHEREAS, moneys to pay for the Police Headquarters Project and the Park Pavilion, Park Acquisition and Improvement Project are proposed to be obtained by the Corporation by the execution and delivery by the Trustee of certificates of participation evidencing the undivided fractional interest of the owners thereof in lease payments to be made.by the City as the rental for the Fire Station Property and the Police Headquarters Property pursuant to the Lease (the "Certificates of Participation") , and by the sale of the Certificates of Participation to First California Capital Markets Group, Inc. (the "Purchaser") pursuant to a purchase contract (the "Purchase Contract") ; and WHEREAS, the Purchaser has caused a preliminary official statement (the "Preliminary Official Statement") to be prepared relating to the Certificates of Participation; NOW, THEREFORE, the City Council of the City of Atascadero hereby resolves, as follows:• 1. The forms of Real Property Lease, Lease, Trust Agreement, Assignment, Agency Agre-ement, 'Preliminary Official Statement and Purchase Contract are approved. 2. The City Manager is authorized to approve insertions, omissions and other changes in the Preliminary Official Statement, including in the schedule of principal maturities, and to release the same for distribution by the Purchaser to brokers, dealers, banking institutions and other persons who may be interested in purchasing the Certificates of Participation from or through the Purchaser substantially in the form hereby approved. 3 . The City Manager is authorized to approve insertions, omissions and other changes in the Purchase Contract and to execute and deliver the Purchase. Contract to the Purchaser, substantially in the form hereby approved, upon the following conditions: (a) The Certificates of Participation shall aggregate $2 , 000, 000 in principal amount and the final maturity date shall be July 1, 2009 ; (b) The aggregate amount of each of the annual Lease Payments shall not exceed $203 , 000; and (c) The underwriting discount of the Purchaser shall not exceed 3 percent of the principal amount of the Certificates of Participation. ATAS(5)/COP208 RESOLUTION NO. Page (3) 4. The Mayor or Mayor Pro Tempore is authorized to approve insertions, omissions and other changes in each of the Real Property Lease, Lease, Trust Agreement, Assignment and Agency Agreement, to execute the Real Property Lease, Lease, Trust Agreement and Agency Agreement, substantially in the forms hereby approved, with such additional changes therein as shall be necessary. in order to conform the same to the Purchase Contract, and to acknowledge execution of the Real Property Lease and the Lease. 5. The appointment by the Trust Agreement of The Bank of New York Trust Company of California as Trustee is confirmed and the appointment by the Trustee of The Bank of New York as Trustee's Agent is approved. 6. The execution and delivery by the Trustee of $2 , 000, 000 principal amount of Certificates of Participation is authorized pursuant to the Trust Agreement and the sale of the Certificates of - Participation to the Purchaser is authorized pursuant to the Purchase Contract. . 7. The City Manager is directed to review and is authorized to approve and execute a final Official Statement (the "Official Statement") ,setting forth such amendments, supplements and other changes to the Preliminary Official Statement as shall be necessary or appropriate, and to deliver for and on behalf of the City the Official Statement to the Purchaser for distribution by the Purchaser to the purchasers from or through the Purchaser of the Certificates of Participation. 8. The City Clerk is authorized to authenticate execution of said instruments to be executed by the Mayor or Mayor Pro Tempore and affix the official seal of the City. 9. The City Manager is authorized to deliver for and on behalf of the City each of said instruments to be executed by the Mayor or Mayor Pro Tempore and to receive for and on behalf of the City delivery of such instruments executed by the other parties thereto. 10. The City Manager at the time of delivery is authorized to approve insertions, omissions and other changes in any of said instruments authorized hereby and in the Assignment,- and delivery by the City Manager of each of said instruments executed by the City shall be deemed to be approval by the City of any changes in the forms of said instruments authorized hereby, even if substantial, ATAS(5)/COP208 RESOLUTION NO. Page (4) shall be deemed to be approval by the City of any changes in the forms of said instruments authorized hereby, even if substantial, and any insertions, omissions and other changes, so that said instruments fully executed by each of the parties to the respective instruments and delivered shall be conclusive evidence of their authorization pursuant hereto. 11. Upon execution of the Purchase Contract, the Mayor, ~ Mayor Pro Tempore, City Treasurer, City Clerk, City Manager and other City officers and employees are hereby authorized, for and on behalf of the City, to do any and all things and take any and all actions which they, or any of them, may deem necessary or advisable in order to consummate the transactions as hereby authorized including, without limitation, the recordation of said instruments and the Assignment to be recorded and the execution of any and all certificates, - requisitions, notices, consents, other documents and agreements (which agreements may include escrow instructions and agreements with the Trustee and with any title or other insurers) and the approval of any and all of same executed by others. 12. The provisions of this resolution and of the Real Property Lease, the Lease, the Trust Agreement and the Certificates of Participation shall, unless otherwise provided therein, constitute a contract with the owners from time to time o the Certificates of Participation which shall continue in effect until the Trust Agreement shall be discharged by its terms or the terms of the Lease and the Real Property Lease shall end, and the duties and obligations of the City and its officers, employees and agents under each of said instruments shall be enforceable as provided therein. 13 . For the purpose of qualifying the Certificates of Participation under Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended, describing an exception for certain obligations from the disallowance, in the case of certain financial institutions, of a deduction for interest expense which is otherwise allocable to such obligations, in order that interest expense allocable to the Certificates of Participation not be disallowed as a deduction by such financial institutions under Section 265 (b) (1) of said Code, the City hereby designates and confirms the designation by Section 7 . 06 (f) of the Trust Agreement of the Certificates of Participation for purposes of Section 265 (b) (3) of said Code, further confirms the representations and covenant stated in said Section 7 . 06 (f) of the Trust Agreement, and authorizes the printing of an appropriate legend on the Certificates of Participation. ATAS(5)/COP208 RESOLUTION NO. Page (5) 14. All resolutions and other official actions of the City in conflict with this resolution are hereby repealed, rescinded and set aside to the extent of such conflict. 15. This resolution shall be immediately effective. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held September 26, 1989 by the following vote: AYES: NOES: ABSENT: DATED ADOPTED: CITY OF ATASCADERO, CALIFORNIA By ROLLIN DEXTER, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: ATAS(5)/COP208 P $2,000,000 CITY OF ATASCADERO CERTIFICATES OF PARTICIPATION (POLICE HEADQUARTERS, PARR PAVILION AND PARK ACQUISITIONPROJBCTS) CITY OF ATASCADERO AND CALIFORNIA PUBLIC AGENCY LEASING CORPORATION AND FIRST CALIFORNIA CAPITAL MARKETS GROUP, INC. PURCHASE CONTRACT Dated September 26, 1989 The Honorable City Council City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 Honorable Councilmembers: The undersigned, First California Capital Markets Group, (the "Purchaser") , offers to enter into the following agreement with the City of Atascadero (the "Issuer") and the California Public Agency Leasing Corporation (the "Corporation") , which, upon the acceptance by the Issuer of this offer, will be binding upon the Issuer and the Corporation and, subject to the terms and conditions set forth herein, upon the Purchaser. This offer is made subject to the Issuer's and the Corporation's acceptance on or before 10:00 p.m. , California time, on September 26, 1989, or at such other time as shall be agreed to in writing by the Purchaser. 1. Purchase and Sale of the Certificates. (a) Upon the terms and conditions and upon the basis of the respective representations, warranties and covenants herein and as set forth in the Official Statement, the Purchaser hereby agrees to purchase from the Issuer and the Corporation, and the Issuer and the Corporation hereby agree to sell to the Purchaser, $2,000,000 aggregate principal amount of the City of Atascadero, Certificates of Participation, Police Headquarters, Park Pavilion and Park Acquisition Projects (the "Certificates") at the purchase price equal to percent (_%) of the aggregate principal amount of Certificates, plus accrued interest, if any. The maturity schedule and interest rates will be those attached herewith and made Exhibit B. The obligations of the Issuer and the Corporation to sell and of the Purchaser to purchase hereunder are with respect to all (but not less than all) of the Certificates. (b) The Certificates shall be substantially as described in the Preliminary Official Statement dated as of September 26, 1989 (including the cover page and all summary statements, appendices, and other materials included with or attached to it, as it may be amended or supplemented from time to time, the "Preliminary Official Statement") . The City shall deliver to the Purchaser promptly after the City's acceptance hereof, two executed copies of the Official Statement dated as of the date of delivery in October, 1989 (the "Official Statement") . The proceeds of sale of the Certificates will be used for acquisitions and construction of the improvements described- in the Preliminary Official Statement, to create a Reserve Fund equal to $194,000, and to pay expenses incurred in connection with the issuance of the Certificates, including underwriter discount and reasonable expenses normally associated with the costs of issuance. 2. Public Offering of the Certificates. The Purchaser intends to make an initial bona fide public offering of the Certificates at a price not in excess of the offering price set forth herein. 3 . Representations, Warranties and Covenants of the Issuer. The Issuer represents and warrants to and covenants with the Purchaser that: (a) The Issuer is a municipal corporation duly organized and existing under the laws of the State of California and has all necessary power and authority to enter into and perform its duties under the Legal Documents. (b) The information contained in the Preliminary Official Statement as of its date does not, and the information contained in the Official Statement as of its date does not, and as of the date of the Closing will not, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. (c) This Purchase Contract, the Trust Agreement, the Real Property Lease, the Lease Agreement, and the Agency Agreement (as said terms are defined in the Official Statement) (collectively, the "Legal Documents") have been authorized and, when executed and delivered by the Issuer will be legal, valid and binding agreements of the Issuer enforceable against . the Issuer in accordance with their terms (subject to any applicable bankruptcy, reorganization, insolvency, moratorium or other law or laws affecting the enforcement of creditors' rights generally or relating to municipal corporations such as the Issuer as may be in effect from time to time, and further subject to the availability of equitable remedies) , except as rights to indemnity hereunder may be limited by applicable law, including federal and state securities laws. (d) The Certificates will be duly and validly authorized, and when duly and validly executed, authenticated, issued, delivered and paid for, will be validly issued and outstanding. (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending or, to the knowledge of the Issuer, threatened against or affecting the Issuer; and, to the knowledge of the Issuer, there is no meritorious basis to enjoin the execution and delivery of the Certificates, or the payment of lease payments by, the Issuer, or in any way contesting or affecting the validity of the Legal Documents or affecting the Projects or involving the business or property of the Issuer or in which an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated herein. (f) By official action of the Issuer concurrently with the acceptance hereof, the Issuer has duly approved and authorized the distribution of the Preliminary Official Statement and the distribution of the Official Statement and has duly authorized and approved the execution and delivery of, and the performance by the Issuer of the obligations on its part contained in, the Legal Documents and the consummation by it of all other transactions contemplated by the Official Statement and herein (collectively, the "City Actions") . (g) Except as may be required under Blue Sky or other securities laws of any state, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Issuer required for the issuance and sale of the Certificates or the consummation by the Issuer of other transactions contemplated by the Official Statement and herein. (h) The Issuer is not in breach of or default under any applicable law or administrative regulation of the State of California or the United States or any applicable judgement or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or an event of default under such instrument. (i) The Issuer covenants that it will take no action and will cause no action to be taken that would cause the interest evidenced by the Certificates to be included in gross income for federal income tax purposes. ( j) As of the date of Closing there shall not have been any material adverse occurrence in the results of operations or financial condition or general affairs of the Issuer since June 30, 1988. (k) As of the date of Closing, there shall have been no increases in the long term debt of the Issuer since June 30, 1988, or in any debt of the Issuer secured by a pledge of or payable from the General Fund of the Issuer or Net Revenues other than as disclosed in the Official _ Statement. (1) Between the date hereof and the Closing, the Issuer will not have issued any bonds, notes or other obligations for borrowed money on behalf of the Issuer, except for such borrowing as may be described in or contemplated by the Official Statement. (m) The Issuer has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the Issuer is a bond issuer whose no-arbitrage certificates may not be relied upon. (n) The adoption of City Actions and the execution and delivery of the Legal Documents, and compliance with the provisions of the City's part contained herein and therein, do not and will not conflict with, or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, charter, by-laws, agreement or other instrument to which the City is a party or is otherwise subject or by which it is otherwise bound, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or assets of the City under the terms of any such law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, charter, by- laws, agreement or other instrument, except as provided in the City Actions or in the Legal Documents. 4. Representations, Warranties and Covenants of the Corporation. The Corporation represents and warrants to and covenants with the Purchasers that: (a) The Corporation is a non-profit, public benefit corporation, duly organized and existing under the laws of the State of California and has all necessary power and authority to enter into and perform its duties under this Purchase Contract, the Trust Agreement, the Real Property Lease, the Lease Agreement, the Assignment Agreement (as defined in the Official Statement) , and the Agency Agreement (the "Corporation Legal Documents") . s (b) The information contained in the Preliminary Official Statement as of its date does not, and the information contained in the Official Statement as of its date does not and as of the date of the Closing will not, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. (c) The Corporation Legal Documents have been authorized and, when executed and delivered by the Corporation will be valid and binding agreements of the Corporation enforceable against the Corporation in accordance with their terms (subject to any applicable bankruptcy, reorganization, insolvency, moratorium or other law or laws affecting the enforcement of creditors' rights generally or relating to corporations such as the Corporation as may be in effect from time to time, and further subject to the availability of equitable remedies) , except as rights to indemnity hereunder may be limited by applicable law, including federal and state securities laws. (d) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending or, to the knowledge of the Corporation , threatened against or affecting the Corporation; and, to the knowledge of the Corporation, there is no meritorious basis to enjoin the execution and delivery of the Certificates, or in any way contesting or affecting the validity of the legal documents or affecting the Project or involving the business or property of the Corporation wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated herein. (e) Except as may be required under Blue Sky or other securities laws of any state, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Corporation required for the issuance and sale of the Certificates or the consummation by the Corporation of other transactions contemplated by the Official Statement and herein. (f) The Corporation is not in breach of or default under any applicable law or administrative regulation oftheState of California or the United States or any applicable judgement or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Corporation is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or an event of default under such instrument. (g) The Corporation covenants that it will take no action and will cause no action to be taken that would cause the interest evidenced by the Certificates to be included in gross income for purposes of federal income taxation. 5. Closing. At 10:00 a.m. , local time, on October , 1989 or at such other time or such other date as shall have been mutually agreed upon by the Issuer, the Corporation and the Purchaser, the Issuer and the Corporation will deliver, or cause to be delivered at a location designated by the Purchaser, to the Purchaser, the Certificates in definitive form, together with the legal opinion of Special Counsel and the Purchaser will accept such delivery and pay the Purchase Price of the Certificates. The above described payment and delivery is herein called the "Closing" . The Certificates will be delivered as fully registered Certificates in such authorized denominations and registered in such names and in such amounts as the Purchaser may have requested not less than one business day prior to the Closing. The Certificates will be made available for checking and packaging by the Purchaser not less than one business day prior to the Closing, at such place. as the Issuer, the Purchaser and the Trustee and the Trustee's Agent shall agree. It is anticipated that CUSIP identification numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error in the printing of such numbers shall constitute cause for a failure or refusal by the Purchaser to accept delivery of and pay for any Certificates. The Purchaser and the Issuer will cooperate to obtain the CUSIP numbers. The Certificates will be made available for checking and packaging not later than 12:00 noon on the business day prior to the Closing. In the event that, with the agreement of the Underwriter, temporary Certificates are delivered, the Issuer and the Corporation will deliver or cause to be delivered definitive Certificates to the Underwriter as soon after the Closing as is reasonably possible, but in no event more than 15 days thereafter. The temporary Certificates, if any, will be made available for checking and packaging at the above mentioned office not later than 12:00 noon on the business day prior to the Closing. 6. Termination of Purchase Contract. The Purchaser shall have the right to cancel its obligation to purchase the Certificates if, on or after the date hereof and on or before the date of Closing: (i) the marketability of the Certificates or the market price thereof, in the opinion of the Purchaser, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State of California, • or the amendment of legislation pending as of the date of this Purchase Contract in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives , or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for the staff of either such Committee, or by the staff of the Joint Committee on taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any federal or state court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, Internal Revenue Service or other federal or state authority affecting the federal or state tax status of the Issuer, or the interest on the Certificates or any bonds or notes; (ii) a stop order, ruling or regulation by the Securities and Exchange Commission shall be issued or made, the effect of which is that the issuance, offering or sale of the Certificates, as contemplated herein or in the Preliminary Official Statement, is or would be in violation of any provision of the Securities Act, or other federal law; (iii) there shall occur any event which in the reasonable judgment of the Purchaser either (A) makes untrue or incorrect in any material respect any statement or information contained in the Official Statement or (B) is not reflected in the Official Statement, but should be reflected therein in therein to make the statements and information contained therein not misleading in any material respect and, in either case, the Issuer refuses to permit the Official Statement to be supplemented to correct or supply such statement or information, or the effect of the Official Statement as so corrected or supplemented is, in the reasonable judgment of the Purchaser, to materially adversely affect the market for the Certificates or the sale of the Certificates by the Purchaser at the contemplated offering price; (iv) there shall have been an outbreak of hostilities or any other insurrection or armed conflict or any calamity or crisis which, in the reasonable judgment of the Purchaser makes it impracticable or inadvisable to offer or sell the Certificates; (v) there shall have been a general suspension of trading in securities on the New York Stock Exchange, the American Stock Exchange, the Pacific Stock Exchange, the Chicago , Board of Trade or other major U.S. financial or securities exchange, maximum or minimum prices not previously in effect shall have been established on any such exchange, or the daily volume or average prices on any such exchange shall have significantly changed from the current average daily volume or level of prices, the effect of any of which on the financial markets of the United States is, in the reasonable judgment of the Purchaser, to materially adversely impact the market for the Certificates or the sale of the Certificates by the Purchasers at the contemplated offering price; (vi) a banking moratorium 'shall have been declared by federal, California, or New York authorities; (vii) there occurs any material adverse change in the affairs of the Issuer; (viii) if there shall be any litigation, pending or threatened, which, in the reasonable judgment of the Purchaser, makes it impracticable or inadvisable i to offer or deliver the Certificates on the terms contemplated by the Official Statement; or (ix) the Certificates are not executed, approved and delivered; (x) there shall be established any new restrictions on transactions in securities materially affecting the free market for securities (including the imposition of any limitations upon interest rates) or the extension of credit by, or the charge to the net capital requirements of, underwriters established by the New York Stock Exchange, the Securities and Exchange Commission, any other Federal or state agency or the Congress of the United States, or by Executive Order; or (xi) the Controller of the Currency renders an opinion or issues a regulation which has the effect of prohibiting the Underwriter from underwriting the Certificates. In the event of any termination of this Purchase Contract permitted under Section 6 hereof, there shall be no liability by any party to this Purchase Contract to any other party. 7. Conditions to the Purchaser's Obligations. The obligations of the Purchaser hereunder shall be subject to the performance by the Issuer and the Corporation of their respective obligations to be performed hereunder at and prior to the Closing, to the accuracy in all material respects of the representations and warranties of the Issuer and the Corporation herein as of the date hereof and as of the time of the Closing, and to the following conditions, including the delivery by the Issuer of such documents as are enumerated herein in form and substance reasonably satisfactory to the Purchaser: (a) At the time of the Closing, (i) the Legal Documents and the Corporation Legal Documents are in full force and effect in the form heretofore approved by the Issuer, the Corporation and the Purchaser, and none of the foregoing - documents shall have been amended, modified or supplemented from the forms thereof as of the date hereof, except as contemplated by the Preliminary Official Statement or as may have been approved in writing by the Purchaser, the Closing in all events, however, to be deemed such approval, (ii) the net proceeds of the sale of the Certificates shall be deposited and applied as described in the Official Statement. (b) At the Closing the Issuer will deliver the Certificates. (c) At or prior to the Closing, the Underwriter shall receive the documents described in Exhibit A hereto, in each case satisfactory in form and substance to it and its Counsel. 8. Nonsatisfaction of Conditions. If any of the conditions to the obligations of the Purchaser contained herein shall not been satisfied when and as required herein, all obligations of the Purchaser hereunder may be terminated by the Purchaser at, or at any time prior to, the Closing by written notice to the Issuer. 9. Expenses. If the Certificates are sold to the Purchaser by the Issuer, the Issuer shall pay, but only out of the proceeds of such Certificates, any expenses incident to the performance of its obligations hereunder, including, but not limited to: (i) the cost of the preparation of the Legal Documents and the preparation and printing of the Preliminary and Final Official Statements, together with a reasonable number of copies thereof; ( ii) the cost of the preparation and printing of the Certificates, including the cost of CUSIP numbers; (iii) the fees and disbursements of Special Counsel and the Purchaser and of any other experts or consultants retained by the Issuer; (iv) and all registration or filing fees and related costs and expenses. The Purchaser shall pay: all advertising expenses incurred by it in connection with the offering of the Certificates. 10. After the Closing (a) the Issuer will not adopt any amendment of or supplement to the Official Statement to which the Underwriter shall object in writing or which shall be disapproved by Counsel for the Underwriter and (b) if any event relating to or affecting the Issuer or the Corporation shall occur as a result of which it is necessary, in the opinion of Counsel for the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to an initial purchaser of the Certificates, the Issuer and the Corporation will forthwith prepare and furnish to the Underwriter a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Counsel for the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to an initial purchaser of the Certificates, not misleading. For purposes of this section the Issuer and the Corporation will each furnish such information with respect to itself as the Underwriter may from time to time request. 11. Miscellaneous. (a) Any notice or other communication to be given to the Issuer under this Purchase Contract shall be deemed given when delivered in person to its address set forth on the first page hereof, or when mailed by first class mail, postage prepaid, and addressed to such address, or when confirmation is received by the sender that any telex, telegram or telecopy to the Issuer i at such address has been received. Any notice or other communication to be given to the Purchaser or the Corporation under this Purchase Contract shall be deemed given when delivered in person to the addresses set forth below, or when mailed by first class mail, postage prepaid and addressed separately to such addresses, or when confirmations are received by the sender . that any telex, telegram or telecopy to the Purchaser or Corporation at such addresses have been received by each of them, as follows: California Public Agency Leasing Corporation c/o 50 California Street - Suite 3200 San Francisco, CA. 94111 ATTENTION: K.R. Martin, President Telephone: (415) 284-3800 First California Capital Markets Group, Inc. 50 California Street —Suite 3200 San Francisco, Cala 94111 ATTENTION: Richard B. Kerwin - Telephone: (415) 982-2444 Telecopy: (415) 982-1855 (b) This Purchase Contract is made solely for the benefit of the Issuer, the Corporation and the Purchaser and no other person, including any purchaser of the Certificates, shall acquire or have any right hereunder or by virtue hereof. All the representations, warranties, covenants and agreements contained herein shall remain operative and in full force and effect and shall survive delivery of and payment for the Certificates hereunder, regardless of any investigation made by the Purchaser or on their behalf. (c) This Purchase Contract shall be governed and construed in accordance with the laws of the State of California as such laws apply to contracts made and performed in the State of California. • (d) This Purchase Contract shall become effective upon the execution of the acceptance hereof by the Issuer and the Corporation. Very truly yours, FIRST CALIFORNIA CAPITAL MARKETS GROUP, INC. Purchaser By: Title: Accepted and agreed to as of the date first above written: CITY OF ATASCADERO CALIFORNIA PUBLIC AGENCY Issuer LEASING CORPORATION Corporation By: BY: Title: Title: Acknowledged: THE BANK OF NEW YORK TRUST COMPANY OF CALIFORNIA Trustee By: Title: r EXHIBIT A 1. the unqualified approving opinion of Special Counsel, dated the date of Closing, addressed to the Issuer and the Underwriter, substantially in the form previously submitted to the Underwriter; 2. the supplementary opinion of Special Counsel in form and substance satisfactory to the Underwriter, dated the date of Closing and addressed to the Issuer and the Underwriter; 3. an opinion of the Attorney for the Issuer, dated the date of Closing in form and substance satisfactory to the Underwriter and addressed to the Issuer and the Underwriter; 4. an opinion of Counsel to the Corporation, dated the date of Closing, in form and substance satisfactory to the Underwriter and addressed to the Corporation and the Underwriter; 5. the opinion of Counsel to the Trustee, dated the date of Closing and addressed to -the Issuer and the Underwriter in form and substance satisfactory to the Underwriter; 6. the opinion of Brown & Wood, Los Angeles, California, Counsel to the Underwriter, dated the date of Closing and addressed to the Underwriter to the effect that (a) the Certificates are exempt from registration pursuant to the Securities Act of 1933 , as amended, and the Trust Agreement is exempt from qualification as an indenture pursuant to the Trust Indenture Act of 1939, as amended; and (b) based upon examinations which they have made, which may be specified, and without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, nothing has come to their attention which would lead them to believe that the Official Statement (other than financial statement therein or incorporated therein by reference as to which no opinion need be expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; 7. a certificate, dated the date of Closing, signed by a duly authorized official of the Issuer satisfactory in form and substance to the Underwriter, to the effect that the representations and warranties made by the Issuer in this Purchase Contract are true and correct as of the .date of Closing and that no litigation or proceeding is pending or threatened against the Issuer (a) to restrain or enjoin the delivery of any of the Certificates or the payment of Lease s • • Payments under the Lease Agreement, (b) in any way contesting the validity of the Certificates, the Legal Documents or the authority of the Issuer to enter into the Legal Documents, (c) in any way contesting the powers of the Issuer in connection with any action contemplated by this Purchase Contract or the Legal Documents, or (d) in which a final adverse decision could materially adversely affect the operation of the Issuer or the ability of the Issuer to j perform its obligations under the Legal Documents; 8. a certificate, dated the date of Closing, signed by a duly authorized official of the Corporation satisfactory to the Underwriter, to the effect that the representations and warranties made by the Corporation in this ,Purchase Contract are true and correct as of the date of Closing and that no litigation or proceeding is pending or threatened against the Corporation (a) to restrain or enjoin the delivery of any of the Certificates, (b) in any way contesting the validity of the Certificates, the Corporation Legal Documents, or the authority of the Corporation to enter into the Corporation Legal Documents, (c) in any way contesting the powers of the Corporation in connection with any action contemplated by this Purchase Contract or the Corporation Legal Documents; 9. a certificate, dated the date of Closing, signed by a duly authorized official of the Trustee satisfactory in form and substance to the Underwriter and counsel to the Underwriter; 10. two executed or certified copies of each of the Corporation Legal Documents; 11. two copies of the Official Statement, with the approval thereof executed on behalf of the Issuer by an authorized representative of the Issuer; 12. two certified copies of the general resolution of the Trustee authorizing the execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution and delivery of the Certificates and the Trust Agreement; 13. copies of resolutions adopted by the Issuer and certified by the Clerk authorizing or ratifying the execution and delivery of the Legal Documents and the approval of the Official Statement; 14. copies of resolutions adopted by the Corporation and certified by the Secretary or Assistant Secretary of the Corporation, authorizing or ratifying the execution _ and delivery of the Corporation Legal Documents; 15. arbitrage certification by the Issuer in form an substance acceptable to Special Counsel and the Underwriter; 16. a letter from Glenn, Burdette, Phillips & Booker, Certified Public Accountants, consenting to the reference to such firm and to the use of the financial statements of the Issuer and the report relating to such financial statements prepared by such firm as Appendix A to the Official Statement. 17. a certificate, dated the date of Closing that the Issuer has complied with all insurance requirements set forth in the Lease Agreement; 18. a policy of title insurance; and 19. such additional legal opinions, certificates, proceedings, instruments and other documents as Special Counsel and counsel for the Underwriter may reasonably request to evidence compliance by the Issuer and the Corporation with legal requirements, the truth and accuracy, as of the time of Closing, of the representations contained herein and in the Official Statement and the due performance or prior to such time of all agreements then to be performed and all conditions then to be satisfied. i September 26, 1989 CLOSED SESSION ANNOUNCEMENT The Council will now hold a closed session concerning: * Litigation With respect to litigation, the closed session is being held pursuant to the following subsection(s) of Government Code Section 54956.9. Section (b) . Significant Exposure to Litigation. * * * * * * * * * * * r CONFIDENTIAL MEMORANDUM September 26, 1989 TO: Members of the City Council FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Specific Reasons and Legal Authority for Closed Session, September 26, 1989, Pursuant to Section 54956.9, Government Code - Litigation Existing Litigation 1. The referenced closed session is pursuant to Section (a) , to wit: "An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. " The title(s) of the adjudicatory proceeding(s) (litigation) is(are) : (1) (2) (3) (4) (5) Significant Exposure to Litigation -� 2 . The referenced closed session is pursuant to Section (b) , to wit: 11 (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or 11 (2) Based on existing facts and circum- stances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. " e' CONFIDENTIAL MEMORANDUM: Members of the City Council Page 2 SUBJECT: Specific Reasons and Legal Authority for Closed Session, September 26, 1989 The existing facts and circumstances are as set forth below. Initiation of Litigation 3 . The referenced closed session is pursuant to Section (c) , to wit: "Based on existing facts and circum- stances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. " The existing facts and circumstances are as set forth below. Existing Facts and Circumstances Please see the attached letter dated September 15, 1989 from Attorney Roger Picquet concerning Tentative Parcel Map No. 7-89 (7000 San Palo Road: McNamara) . NOTE: THIS MEMORANDUM WILL BE SUBMITTED TO THE COUNCIL PRIOR TO OR AT THE CLOSED SESSION IF FEASIBLE, OR AT LEAST ONE WEEK AFTER THE CLOSED SESSION. A COPY WILL BE RETAINED BY THE CITY MANAGER. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY WORK PRODUCT PRIVILEGE UNTIL THE PENDING LITIGATION HAS BEEN FINALLY ADJUDICATED OR OTHERWISE SETTLED. J REY G JORGENSEN City Attorney JGJ: fr A:MMATA343 LAW OFFICES LYON & PICQUET ROGER LYON* 1104 PALM STREET TELEPHONE ROGER PICOUET POST OFFICE BOX 922 (805) 541-2560 TELECOPIER TIMOTHY J.CARMEL .SAN LUIS OBISPO,CALIFORNIA 93406 (805) 543-3857 •A LAW CORPORATION September 15 , 1989 Jeffrey G. Jorgensen City Attorney City of Atascadero 1135 Osos Street, Suite A P.O. Box 910 San Luis Obispo, CA 93406 Re: Tentative Parcel Map No. 7-89 (7000 San Palo Road, McNamara) Dear Mr. Jorgensen: I represent Mr. Thomas McNamara in the above matter. As you recall, his application for a subdivision of seven (7) acres into four (4) parcels was denied by the Planning Commission. He amended his proposed subdivision and appealed to the City Council which was unable to make a decision on either July 11 or 25, 1989. Mr. McNamara received a letter that said, in effect, that the inability of the Council to resolve their differences on this item resulted in the original Planning Commission decision to deny being upheld. Such a position by the City is without legal support or authority. Under the State Subdivision Map Act and the Atascadero Municipal Code, the City Council is the decision-making body on tentative map applications . The decision is quasi-judicial, and not legislative, Iii Tiature' Arne! v Costa Mesa (1980) 28 Cal. 3d 511) As such, the due process rights of an applicant are an important element in the decision-making process. By not making a decision on his applica- tion, the Council has deprived the property owner of his right to a determination on the merits. The general rule, of course, is that an appeal of an administrative decision is a hearing "de novo" entitling the appellant to a new decision. Additional testimony and evidence is allowed and the decision of the Council must be supported by findings adopted by that body. A review of the Atascadero Municipal Code reveals no alternate process which would alter the above rule. Also, there are no Council By-Laws or adopted procedures which would convert the failure of a motion to a confirmation of the advisory body' s action. (By way of contrast, please note that the Atascadero Planning Commission By-Laws provide that matters resulting in a tie vote are continued to the next regular meeting. ) As a result, s f Jeffrey G. Jorgensen City Attorney City of Atascadero September 15 , 1989 Page 2 under Government Code § 66452. 5 , the failure of the Council to decide this matter is deemed an automatic approval of the map. Aside from the procedural issue discussed above, the appeal should have been granted on the merits. The findings adopted by the Council are without any support in the record. The alleged inconsistency with the General Plan is not specified or articulated in any manner (Woodland Hills Residents Assn. . Inc. v City Council (1975) 44 Cal.App. 3d 825) . The staff report clearly states that the amended tentative map before the Council met all relevant City standards "with respect to density, setbacks, access, fire hydrant improvements and other City requirements. " A review of the record shows no contrary evidence or testimony was presented to the Council; therefore the record cannot support the decision (sic) to deny. Mr. McNamara does not desire to engage in expensive and controver- sial litigation. However, he is under the obligation to initiate such action ,in a timely manner if he desires to protect his rights. The circumstances of this situation are certainly unique. Pursuant to our prior telephone discussion on this matter, please review these issues and advise. the Council of the various options available. I am willing to meet with you and Mr. Engen to discuss this further. Without prejudice to his rights under Government Code § 66452. 5, Mr. McNamara would accept a resubmittal of his application amended to address some of the concerns individual Council members may have; however, it would not be possible to eliminate a lot (to three (3) ) for economic reasons . Sincerely, LYON & PI RogerI icquet RP: ar t cc : Thomas McNamara