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HomeMy WebLinkAboutAgenda Packet 02/27/1990 LEE DAYKA CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM FEBRUARY 27, 1990 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954.2 . By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific re- quests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and exe- cute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. 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 i open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: - Presentation of Donation by Andrew Stone, Exec. Producer, "My Blue Heaven" Proclamations: • "Arbor Day" March T, 1990 • American Cancer Society "Daffodil Days", March 20-21, 1990 Certificates of Appreciation to Boy Scout Troop 104, Flaming Arrow Patrol, for construction of bus stop shelter located on E. Mall near Palma Ave COMMUNITY FORUM: The City; Council values and encourages exchange of ideas and comments from you, ,the citizen. TheCommunityForum 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, unless Council authorizes an extension. 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 Council Member, commissions & staff. 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. Where ordinance adoption is involved, action by Council on the Consent Calendar will presuppose waiving of the reading in full of the ordinance in question: 1 JANUARY 231 1990 CITY COUNCIL MINUTES 2. FEBRUARY 13, 1990 CITY COUNCIL MINUTES 3. FEBRUARY 26, 1990 CITY COUNCIL SPECIAL MEETING MINUTES 4 CITY TREASURER'S REPORT - JANUARY, 1990 5 FINANCE DIRECTOR'S' REPORT - JANUARY, 1990 2 6. RESOLUTION NO. 8-90 - AMENDING RESOLUTION NO. 76-88, MAKING CHANGES TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR, CITY MANAGER (Cont'd_ from 2/13/90) 7. TENTATIVE PARCEL MAP 24-89, 10750 SANTA ANA - Subdivision of two lots into three (Kamm/Dohan/Vaughan) S. NOTICE OF COMPLETION SAN ANDRES STORM DRAIN 9. ORDINANCE NO. 205 - DELETING THE REQUIREMENT THAT PARKS & ` RECREATION COMMISSIONERS MUST TERMINATE THEIR OFFICE WHEN SEEKING CITY ELECTIVE OFFICE (Second reading & adoption) 10. RESOLUTION N0. 18-90 - AUTHORIZING PARTICIPATION.IN THE JOINT POWERS AGREEMENT WITH S.L.O. COUNTY AND CITIES TO UPDATE THE NOISE ELEMENT OF THE GENERAL PLAN 11. AWARD BID FOR SOD - TRAFFIC WAY PARK PROJECT 12. RESOLUTION NO. 22-90 - ADOPTING MID-YEAR BUDGET ADJUSTMENTS {Pursuant to- council action on 2/13/90) / B. HEARINGS/APPEARANCES: 1. PAVILION DESIGN AUTHORIZE FINAL FLOOR PLAN & PROCEED WITH WORKING DRAWINGS 2. RESOLUTION 21-90 - AUTHORIZE PROPOSED RED CURBING 8 INTER SECTION OF OLMEDA & TRAFFIC WAY 3. PROPOSED RELOCATION OF STOP SIGN 0 INTERSECTION OF LOS OSOS RD. & OLD MORRO RD. EAST: A. RESOLUTION NO. 19-90 - PROPOSING ELIMINATION OF STOP INTERSECTION ON LOS OSOS RD. & OLD MORRO RD. EAST (eliminating the existing stop sign, but not establish- ing a stablish-ing ;a new stop on Old Morro Rd. East) B. RESOLUTION NO. 20-90 - PROPOSING DESIGNATION OF STOP INTERSECTION ON OLD MORRO RD EAST' @_LOS OSOS RD (es- tablishing a new stop sign on Old Morro Rd. East, but not eliminating the existing sign on Los Osos Rd. , thereby creating a two-way stop intersection) C. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council (see next page) 3 A. Fiscal' Planning Model Set date for study session B. Comittee Reports (The following represents ad hoc or standing commitees. Informative status: reports will be given, as felt 'necesnary. ) 1 . City/School Committee 2 . North coastal Transit 3. S.L.O. Area Coordinating Council 4 . Traffic Committee 5 . Solid/Hazardous Waste Mgmt. Committee 6 . Recycling Committee 7 Economic Opportunity Commission S. B.I.A. 9. Downtown Steering Committee 10. General Plan Subcommittee 2. City Attorney 3. City Clerk 4. City Treasurer 5. city Manager ' 4 • P R O C L A M A T I O N "ARBOR DAY" March 7, 1990 WHEREAS, the Council of the City of Atascadero is proud of the City' s street, park and home garden trees and recognizes the importance of tree care and appreciation and the contribution of such to a cleaner and healthier environment; and WHEREAS, in 1872, J. Sterling Morton proposed to the Neb- raska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in the State of Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious top- soil by wind and water, cut heating and cooling costs, moderate • the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our commu- nity; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE, I, Rollin Dexter, Mayor of the City of Atascadero, do hereby proclaim March 7 , 1990, as ARBOR DAY and urge all residents to recognize the importance trees have in brightening our lives and protecting our environment, and I urge all citizens to plant trees to promote the well-being of this and future generations. ROLLIN W. DEXTER, Mayor February 27, 1990 P R O C L A M A T I O N "Daffodil Days" March 20-21, 1990 WHEREAS, the City of Atascadero would like to join with the American Cancer Society by proclaiming March 20-21, 1990, as Daffodil Days; and WHEREAS, Daffodil Days is a state-wide benefit during which local volunteers deliver flowers in exchange for a donation towards the American Cancer Society; and WHEREAS, as the first flower of spring, daffodils are a welcome site that symbolizes hope for cancer patients; and • WHEREAS, this event offers the opportunity to develop wide public interest in the American Cancer Society' s work while raising funds to support research, education and service to cancer patients . THEREFORE, I Rollin Dexter, Mayor of the City of Atascadero, do hereby proclaim March 20-21, 1990 to be "Daffodil Days" in the City of Atascadero and urge our citizens to spread the message of hope in the fight against cancer during this time. ROLLIN W. DEXTER, Mayor February 27 , 1990 MEETING AGENDA DATE 9. ftEM# AA.�.1...... ATASCADERD CITY COUNCIL MINUTES JANUARY 23, 1990 Mayor Dexter called the meeting to order at 7:03 p .m. and led the Pledge of Allegiance. ROLL CALL: Present : Councilmembers Shiers, Lilley, Borgeson, Mackey and Mayor Dexter Staff Present : Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Lisa Schicker , City Arborist ; Gary Sims, Senior Civil Engineer; Mark Joseph , Administrative Services Director ; Bud McHale, Police Chief; Andy Takata, Director of Parks, Recreation and Zoo ; Arther Montandon, City Attorney; Boyd Sharitz , City Clerk and Lee Dayka, Deputy City Clerk Mayor Dexter addressed the public and clarified what action the Council would be making on the creek setback issue ( Item C-1 ) and the proposed urgency ordinance. The Mayor stated that the Council has already endorsed the recommendation of the Planning Commission to study the setback language within the General Plan relating to creekway protection, and that any Zoning Ordinance amendments would follow properly noticed public hearings. He continued by asking the Council if they were prepared to discuss and vote on this item out of sequence, so that citizens present would not be unduly inconvenienced . MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to advance item C-1 for consideration; passed unanimously. C. REGULAR BUSINESS: 1 . PROPOSED URGENCY ORDINANCE RE: CLARIFICATION OF CREEKWAY SETBACK COUNCIL COMMENTS : Councilwoman Mackey stated that she was in favor of some kind of • CC1/23/90 Page 1 an urgency ordinance but did not feel she had any support . She indicated that she did not think the ordinance she was seeking was cause for the panic she was hearing and observed that the issue needed further study and public hearing . Councilman Lilley stated that as a result of the input he had received from the community, he was not able to support any emergency ordinance with regard to this matter . Mr . Lilley stated that he thought the matter should go through the conventional planning process, had no objection to having the matter taken out of cycle for plan review and further explained that he had some specific recommendations for the amendment that would not involve any urgency ordinances. Councilwoman Borgeson reiterated her past statements by declaring that an emergency ordinance is not in order at this time. She emphasized that public input is needed to relieve apprehension and confusion. Councilman Shiers reported that after conversations with the City Attorney and others, he did not feel that the emergency ordinance would accomplish what he had hoped for . He expressed concern regarding current building on the creek and stressed the need to find something else that will protect the creek from further encroachment . Councilman Lilley suggested a committee with representatives from the Council and school district to give direction for the creekway plan. Mayor Dexter concurred that an urgency ordinance would be too hasty and asked the public to write down their concerns and suggestions for the creekway plan and submit them to the Council . MOTION: To rescind the previous action on the urgency ordinance; passed unanimously by voice vote. MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to direct staff to follow the recommendations of the Planning Commission; passed unanimously by voice vote. At this time, the mayor directed the meeting back to its ` original schedule. CC1 /23/90 Page 2 0 COMMUNITY FORUM: Eric Michielssen, 5300 Aguila, announced that he was the newly elected president of Atascadero 2000. He explained the goals of the organization and offered to the Council , Planning Commission and staff the talents and expertise of its ' membership to work for Atascadero . PRESENTATION BY PAVILION ARCHITECT AND REQUEST FOR DIRECTION Andy Takata gave staff report with recommendations and introduced the architect , Ron Paige. Mr . Paige displayed for the Council and public the proposed schemes and asked the Council to give direction for 1 ) location and 2) scope and budget . Council discussion followed and all were in agreement that the Pavilion should be on the lake front . Mayor Dexter endorsed seating capacity of no less than 300 suggesting that the public be asked for input and possible fund- raising to help meet the costs. Councilman Shiers favored staying within the budget and going along with the recommendation of the Parks and Recreation . Advisory Committee. Councilwoman Borgeson also supported the recommendation and stressed the need to stay within the budget . Councilman Lilley expressed the hope of gaining public support to raise the additional funds needed to allow the City to get what it needs and not just what it can afford . Mr . Paige clarified for the Council the seating accommodations and explained what the next step would be. The City Manager asked the Council to give firm direction and after further discussion, suggested a continuance. The matter was then continued to February 27, 1990 to allow for public input . Councilman Lilley asked the press to publicize the matter in hopes of getting additional public response. Public Comments : Mike Arrambide, Chairman of Pavilion Committee, addressed the Council briefly reporting that there is community support for this building and commented on the design. CC1/23/90 Page 3 CONSENT CALENDAR: 1 . JANUARY 99 1990 MINUTES 2. CITY TREASURER'S REPORT - DECEMBER, 1989 3. FINANCE DIRECTOR'S REPORT - DECEMBER, 1989 4. CLAIM OF STANLEY DeROSA - RECOMMEND DENIAL 5. DOWNTOWN PARKING LOT AGREEMENTS (3) (City of Atascadero w/: BIA/J. Stinchfield/D. Smith) (Cont 'd from 8/22/89 & 9/12/89) b. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT Mayor Dexter read the Consent Calendar . The City Manager clarified effective dates on Item ##5. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to approve the Consent Calendar ; passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE TO PERMIT CONSTRUCTION OF A SWIMMING POOL, 8170 ATASCADERO AVE. (Madrigal ) Henry Engen gave staff report with recommendation to deny the request . Lisa Schicker , City Arborist , was present and described a possible alternate site for the pool . Councilman Lilley asked the Community Development Director if the pool would require a building permit , to which Mr . Engen replied that it would as it is in-ground . The applicant , Linda Madrigal , spoke in support of the request stating that the site was the only one for the pool . The possible alternate site was not in eye ' s views from the home and the safety of her children was of concern. Lengthy Council discussion followed and Mrs. Madrigal answered many questions regarding the site, other trees in the yard and plans for heating the pool . The applicant stressed that because the trees in the yard provided a great deal of shade, the proposed site was the only one on which the pool could be built and still be economically heated . CCl /23/90 Page 4 Mayor Dexter and Councilman Shiers expressed difficulty in granting the request agreeing that it was hard to decide between a live tree and a pool . Councilwoman Mackey stated that she wished she could see the sun/shade pattern on the property before she made a decision. Councilwoman Borgeson stated that the safety of the children was of primary importance. Councilman Lilley was in favor of the request stating that the applicants were trying to make a permanent improvement with safety and energy efficient considerations. Councilman Shiers asked Mr . Engen to refresh him on the wording of the Tree Ordinance with regards to solar orientation. The Community Development Director read a portion of the Ordinance, " Inhibiting sunlight needed for either active or passive solar heating or cooling in the building of solar collectors cannot be oriented to collect sufficient sunlight without total removal of the tree. " Mr . Engen stated that while he believed that it was intended initially for buildings, no distinction was made between homes and pools. MOTION: By Councilwoman Mackey to continue the item until the tree leafs out . Motion died for lack of second . Further discussion ensued regarding the permanence of the pool and whether or not the pool could be redesigned to avoid tree removal . MOTION: By Councilman Lilley to approve the request . Died for lack of second . MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to follow the recommendations of the City Arborist and deny the request to remove the tree. Councilwoman Mackey asked for clarification of the motion to which Mayor Dexter replied that the denial would be for removing the tree only. Mr. Engen expanded that if the applicant chose another site for the pool which required a tree removal , another application would be necessary, but that the Council had discretion to waive fees. Councilwoman Borgeson amended her motion by adding that fees would be waived if the applicant re- applied , Councilman Shiers agreed that this amendment was acceptable. Mayor Dexter asked for a roll call vote. The motion passed 4: 1 with Councilman Lilley voting against the denial . Mayor Dexter ' s vote was made with reluctance. Mr . Madrigal asked the Council what recourse the property owner CC1/23/90 Page 5 has , to which Mayor Dexter replied none. Public Comments: Marjorie Kidwell , 9980 Old Morro Road East , asked if public comments were to be accepted . Mayor Dexter apologized for the oversight , placed the motion on hold and reopened the discussion. Ms. Kidwell addressed the need for a concise Tree Ordinance and described her frustration over the amount of time and energy spent on this one tree. Jerry Clay, 7285 Sycamore, spoke in support of the request and added that more emphasis should be placed on the safety of the children. Linda Madrigal , applicant , made a final plea to the Council indicating that she believed her request was more than reasonable. Whitey Thorpe, 8025 Santa Ynez , declared that the City is infringing upon the property rights of the people. Mayor Dexter apologized once again to the public for not giving them the opportunity to speak and brought the discussion back to the Council . Councilwoman Borgeson made additional comments with respect to the safety of the children and withdrew her motion to deny. Councilman Shiers withdrew his second . Councilman Lilley asked the City Attorney for clarification on a point of order , to which he responded that the Council may simply withdraw or move to reconsider . Mayor Dexter asked for a substitute motion. Councilman Shiers reiterated that this was a difficult decision for the Council , that they were not trying to take any rights away from property owners, but were merely looking for a more reasonable location for the pool to avoid tree removal . MOTION: By Councilman Shiers and seconded by Councilman Lilley to approve the tree removal ; passed 4: 1 , with Councilwoman Mackey abstaining . Mayor Dexter asked the staff to continue to put the fire under the revision of the Tree Ordinance. 2. CONSIDERATION OF REQUEST TO REMOVE TWO HERITAGE TREES TO PERMIT HOME CONSTRUCTION, 8412 ALTA VISTA ROAD (Pyro/Sherer ) Henry Engen gave staff report with the recommendation to approve CC1 /23/90 • Page 6 with a 2: 1 replacement . The applicant , owner-builder John Pyo , spoke in favor of the request stating that he had designed the home with the existing trees in mind . Mr . Pyo was in .agreement with the protective measures to the remaining trees and stated that he was flexible with replacement , whether it be by planting on the property or by contributing to the tree fund . Lisa Schicker reported that the applicant has done as much as possible to accommodate the other trees on the site, complimented the owner ' s design and recommended approval . Mayor Dexter announced that the City Arborist conducts pre- planning consultations with property owners and urged contractors to take advantage of this service. Public Comment : Gerry Clay, of Atascadero , asked the City to use Oak trees when making replacements and in the landscaping of the Police Facility. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to approve the request ; passed unanimously by roll call vote. 3. CONSIDERATION OF TREE REMOVAL REQUEST, 13 OF HERITAGE STATUS, TO ALLOW FOR THE EXTENSION OF GARCIA ROAD (Langille/Pippin/Vaughn) Henry Engen gave staff report with the recommendation to deny stating there is an alternate approach which is less damaging to trees in the area and still allows access for marketing . Council discussion followed with members indicating that they were unable to identify the proposed road and therefore recommended continuance. Mr . Engen explained that it is a long distance, is not readily accessible and suggested another noticed inspection by Council and staff. Councilwoman Borgeson voiced her concerns regarding a small bridge on Garcia Road , the additional congestion on the bridge and the possibility of it giving way. Gary Sims reported that the bridge is included in the Federal Bridge Replacement Program and the goal is to have it under construction in the dry season of 1991 . He stated that the City will construct a detour during that construction. ' Ms. Borgeson further stated that staff should CC1 /23/90 Page 7 take advantage of the opportunity for reasonable mitigation on developmental improvements. Councilman Lilley recommended that the applicant may wish to save himself some time and work with staff on the alternative rather than continue with the present application. Don Vaughn, applicant , addressed the Council stating that after working with staff, an alternative impacting only 27 trees has been worked out . He explained that extensive costs have been incurred with the original proposal and that what he was hoping for was conceptual approval for the road alignment . The City Manager advised the Council that they must act on the present application. Mayor Dexter confirmed what was before the Council and asked the applicant to consult further with staff and come back with a concrete request . Mr . Engen reported that staff would support the alternative and clarified that the applicant was looking for some kind of positive sign from the Council that an alternative that took dramatically fewer trees would be worth pursuing . The City Manager advised that it would not be appropriate to give the applicant any indication that it would look favorably upon it without the specific plan in front of them. Mr . Vaughn debated that it has been an expensive project and he was hesitant to spend more money without any idea of whether or not the road alignment would be approved . The applicant answered Council questions regarding the posting of the trees and access to the property. Public Comments : Hugh McCaffrey, neighboring property owner , proclaimed that he had not been asked for permission to cross over his land and have his fences cut . Jack Brazeal , arborist , emphasized that the area is heavily forested and the applicant is concerned about the impact . Mr . Brazeal explained that only 27 trees would be proposed for removal with the future alignment . Mayor Dexter inquired if Mr . Brazeal had been in consultation with Mr . Engen, to which the Community Development Director stated that they had reviewed the site together . CCi/23/90 Page 8 MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to deny the request to remove trees; passed unanimously by roll call vote. Mayor Dexter called a ten-minute recess at 9:20 p .m. The meeting was reconvened at 9:30 p .m. 4. ORDINANCE NO. 198 - ZONE CHANGE 08-89, 7715/7745 SINALOA— Consideration of proposed Planned Development Overlay Zone to allow for the creation of a small lot residential subdivision (Redesigned - Reference 11/14/89 city Council Meeting ) Henry Engen gave staff report explaining that the revised site plan met with Council concerns by allowing for larger lots and more recreational space. Mr . Engen advised that the Planning Commission ' s recommendation was to approve the ordinance on first reading . Mr . Engen answered questions from the Council regarding setbacks and lot size. He reported that a roadway maintenance agreement was not an issue before them at this time. Mayor Dexter stated that it was a much improved plan and Councilman Lilley supported the Planned Development asserting that it was an innovative project . Councilwoman Mackey and Councilwoman Borgeson both indicated that they felt the lot sizes were still too small and agreed that a minimum lot size standard needs to be determined . Councilwoman Borgeson questioned whether the homes were "affordable" . Public Comments : Deborah Hollowell , representing applicant Mr . Bruce Jones, outlined features of the revised plan. She stated that the Planning Commission approved the project recognizing that a minimum lot size standard has not been established and asked the Council to support the project on its ' own merits. Ken Cave, real estate broker working with Mr . Jones, presented a hand-out (Exhibit A) to the Council displaying examples of current homes on the market and the asking prices for those properties. Mr . Cave enthusiastically supported the project stating that nothing on the market compared with the quality , size and area of the proposed Planned Development . CC1/23/90 Page 9 Bruce Jones, applicant , addressed the issue of affordability stating that he was not responsible for providing low-cost housing . He further announced that he did not create the market , but operated within a market that controls him. Mr . Jones reported that his dream began eleven months ago when he bought two lots on Sinaloa for the purpose of constructing homes under a PD to be purchased by the owners, and not a corporation. The applicant described the project as an excellent alternative to apartments and one that meets the needs of many in the buying market . He urged the Council to approve the development . Ken Marks, resident of Atascadero and real estate broker , spoke in support of the project stating that the property is already zoned for multiple family and described the PD as an upbeat alternative to apartments offering a higher quality of life. Council Comments : Councilman Shiers indicated that he was willing to support the project but not on the grounds that it provided low-income or affordable housing . He stated that while the lot sizes still seemed small , the design had been much improved and that he felt that there was a market for these homes. Councilwoman Mackey stated again that a minimum lot size determination was needed . Councilmembers Borgeson and Shiers agreed . Councilwoman Borgeson proclaimed that the concept behind the Planned Unit Development is to provide affordable housing to low and moderate income people. Councilman Lilley debated that the PUD is a land use tool to ensure appropriate development and stressed that the Council should encourage the density bonus incentive provisions of the General Plan by supporting innovative approaches to providing alternative housing . Mayor Dexter asked for a motion. MOTION: By Councilman Lilley and seconded by Councilman Shiers to waive the reading of Ordinance No . 198 and approve by title only; passed unanimously by voice vote. MOTION: By Councilman Lilley and seconded by Councilman Shiers to approve Ordinance No . 198 on first reading ; passed 3:2 with Councilmembers Mackey and Borgeson voting No . CC1/23/90 • Page 10 • C. REGULAR BUSINESS: 1 . PROPOSED URGENCY ORDINANCE RE: CLARIFICATION OF CREEKWAY SETBACK (see page 1 ) 2. ROAD STANDARDS A. RESOLUTION 6-90 — ESTABLISHING THAT THE ROAD CONSTRUCTION AGREEMENT DATED AUGUST 22, 1986 BETWEEN THE DEPARTMENT OF PUBLIC WORKS AND THE GORDON T. DAVIS CATTLE CO. WILL BE HONORED Mayor Dexter read a request for continuance (Exhibit B) from Mr . Davis. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to continue this item as requested ; passed unanimously by voice vote. No date was set . B. RESOLUTION NO. 7-90 — ESTABLISHING A MINIMUM ROAD STANDARD FOR THE CONSTRUCTION OF PRIVATE AND PUBLIC ROADS Gary Sims reported that staff was recommending adoption of the proposed minimum road standard and pointed out some of the design features. Mr . Sims answered questions from the Council regarding the traffic index , assessment districts and the Garcia Road extension. Public Comments: Frank Honeycutt , Twin Cities Engineering , presented an alternative road standard (see Exhibit C) and outlined its ' attributes. George Luna, 10600 San Marcos Road and speaking as an individual , commended Mr . Sims for his efforts. He asked the Council for answers to the following questions: 1 ) why has there never been a minimum road standard , (2) were roads like San Marcos not accepted by the County and City because they were put in without plans or permits and (3) what standard was used by the City to determine that on San Marcos Road each property owner should be assessed $5,000 to bring it up to City standards. Mr . Sims responded to Mr . Honeycutt ' s proposal . He stated that it was staff ' s intent to design roads for minimal maintenance and CC1 /23/90 Page 11 maximum safety and observed that Mr . Honeycutt ' s proposed minimum standard is too narrow. In response to Mr . Luna ' s comments, Mr . Sims explained that staff had completed a cost estimate of bringing San Marcos Road into the City system and defined the reasons for the high costs. He stated that the City does have standards, but not formal ones. MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to adopt Resolution 7-90; passed unanimously by roll call vote. Councilwoman Mackey stated that an exception should be made to the Circulation Element of the General Plan when dealing with trees in the right of way of the dedicated width. Mr . Sims explained that during the hearing period of the road construction precise plan process, the City Council will have to address each heritage tree that is in the way. 3. PROPOSAL FOR THE CITY OF ATASCADERO TO OPERATE THE ATASCADERO SCHOOL DISTRICT SWIMMING POOL Andy Takata gave staff report asking the Council to give direction to staff to begin the planning for the operation of the Atascadero High School swimming pool for the Summer of 1990. The City Manager cautioned the Council not to act until it knew what the liability implications would be. In response to a question from Councilwoman Borgeson, Mr . Takata explained that he did not foresee this action curtailing construction of a community pool ( to be outlined in the Recreation Element of the General Plan). Councilwoman Mackey supported the concept . The City Manager recommended the Council continue this matter until the mid-year budget review. Mr . Takata added that the City should try it for one year and then make an evaluation. MOTION: By Councilman Lilley and seconded by Mayor Dexter to continue the matter until the mid-year budget review and upon receipt of liability information with regard to the operation of the pool ; passed unanimously by voice vote. CC1/23/90 Page 12 i 4. ORDINANCE NO. 203 - AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO NON-CONFORMING USES OF LAND (Zone Change 3- 89 - City of Atascadero ) (SECOND READING: Recommend motion for adoption of Ord . No . 203 - Roll Call ) The City Manager stated that this ordinance was introduced with a unanimous vote. Henry Engen noted that there was a typographical error on the staff transmittal with regard to the ordinance number . The City Attorney advised that a motion to adopt would be appropriate. MOTION: By Mayor Dexter and seconded by Councilwoman Borgeson to adopt Ordinance No . 203; passed unanimously by roll call vote. 5. CITY COUNCIL AGENDA FORUM The City Attorney gave his report with recommendations to : 1 ) place the reading of all second ordinances on the consent calendar , 2) placing on the consent calendar a recommendation that the City Council waive the reading in full of all ordinances • and 3) an addition to all agendas language from the Brown Act which would delineate a number of alternatives that can be taken by the Council . Discussion followed regarding the reading of the ordinances and the City Manager clarified that the Council still has the flexibility of reading ordinances in full if they so chose. Councilman Lilley supported the addition of Brown Act language to the agenda. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to adopt the City Council Agenda Forum as outlined ; passed unanimously by roll call vote. 6. SCHEDULING MID-YEAR BUDGET REVIEW (Recommend 2/13/90, 5:30 P .M. ) Mr . Windsor assured the Council that this meeting would be short and simple. He stated that there will not be any complex issues to be addressed . Mayor Dexter clarified that the regular meeting will follow. There was no objection to this meeting date. CC1/23/90 Page 13 D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : Councilwoman Mackey announced a workshop , "Construction Among the Oaks" , in Arroyo Grande on the 16th of February from 8:30 a.m. until 4:30 p .m. A. Committee Reports: 1 . City/School Committee - Councilman Lilley gave his report indicating that the Committee is willing to work with the Council on the Creekway Plan. He reported that during the last meeting, there was considerable discussion about a community gymnasium and pedestrian safety at school intersections. Mayor Dexter added that he felt it was a cooperative and constructive meeting . By common consent , the Council agreed to continue past 11 :00 p .m. 2. North Coastal Transit/S.L.O. Area Coordinating Council- Councilwoman Borgeson reported on the January 10, 1990 meeting . 3. Traffic Committee - Councilwoman Mackey announced the next meeting to be January 31 , 1990. 4. Recycling and Solid/Hazardous Waste Mgt . Committees- Councilwoman Mackey announced February 1 , 1990 as the next meeting date for these two committees. 5. Economic Opportunity Commission - Mayor Dexter commented that he felt good about his relationship with the Board , that they had their financial program under control and have been involved with some creative services. 6. Finance Committee - No report . 7. Business Improvement Association (BIA) - No report . B. Downtown Steering Committee - No report . 9. General Plan Sub Committee - Henry Engen announced a possible date. 2. CITY ATTORNEY - No report . CC1 /23/90 Page 14 3. CITY CLERK - No report . 4. CITY TREASURER - No report . 5. CITY MANAGER - Announced that he would be out of town during the next regular City Council meeting . THE MEETING WAS ADJOURNED AT 11 :05 P.M. THE NEXT MEETING WILL HE FEBRUARY .13, 1990 AT 5:30 P.M. MINUT OR AND PREPARED BY: LEE DAYKA DEPUTY CITY CLERK Attachment : Exhibit A - Santa Lucia Properties (Cave) Exhibit 3 - Gordon Davis Exhibit C - Twin Cities Engineering ( ALL EXHIBITS ARE ON FILE IN THE OFFICE OF THE CITY CLERK) CC1/23/90 Page 15 d MEETINGL AGENDA /L,_ 2 ATS ITEM# ATASCADERO CITY COUNCIL MINUTES FEBRUARY 13, 1990 The City Council met in an open session at 5:30 p .m. for the purpose of mid-year budget discussion. The meeting adjourned to a closed session at 6:40 p .m. to give instructions to the City ' s negotiator pursuant to Government Code Section 54956.8 regarding real property purchases. Mayor Dexter called the regular meeting of the Atascadero City County to order at 7:05 p.m. The Pledge of Allegiance was led by Councilman Shiers . ROLL CALL: Present : Councilmembers Lilley, Mackey, Borgeson, Shiers and Mayor Dexter . Staff Present : Henry Engen, Community Development Director ; Andy . Takata, Director of Parks, Recreation and Zoo ; Art Montandon, City Attorney; Mark Joseph , Administrative Services Director ; Gary Sims, Senior Civil Engineer ; Lisa Schicker , City Arborist and Lee Dayka, Deputy City Clerk . PRESENTATION: Mayor Dexter presented a plaque to Mrs. Mildred Sharitz to honor. the late Boyd C. Sharitz , for his devoted service as Atascadero City Clerk from June 1986 until February 1990. Mayor Dexter announced that a memorial has been established with the Atascadero Elks ' Lodge Building Fund . Councilwoman Mackey further announced that on Arbor Day, a tree will be planted in Mr . Sharitz ' s honor . OATH: Mayor Dexter reported that it was the consensus of the Council to appoint the Deputy City Clerk , Lee Dayka , as the Interim City Clerk . A unanimous roll call vote was taken to confirm the appointment . The City Attorney swore in Ms. Dayka. CC2/13/90 Page 1 T COUNCIL COMMENTS: Councilwoman Borgeson reported that she would be making a formal announcement regarding her future political plans on Wednesday, February 14, 1990 at 2:00 p .m. on the steps of City Hall . Councilwoman Mackey stated that she would miss Boyd Sharitz and described him as a dedicated public servant who enjoyed his job . PROCLAMATION: Mayor Dexter proclaimed the month of February 1990 as "California Self-Esteem and Responsibility Month" and read the proclamation. COMMUNITY FORUM: Joan Okeefe, 9985 Old Morro Road East , read a prepared statement ( Exhibit A) in support of the proposed redesign of Garcia Road and urged the Council to take a similar approach to the San Marcos Road extension. CONSENT CALENDAR: 1 . JANUARY 23, 1990 CITY COUNCIL MINUTES 2. RECOMMEND CITY COUNCIL WAIVE THE READING IN FULL OF ALL ORDINANCES (Must pass unanimously) 3. ORDINANCE NO. 198 - ZONE CHANGE 08-89, 7715/7745 SINALOA- Consideration of proposed Planned Development Overlay Zone to allow for the creation of a small lot residential subdivision ( Jones/Cuesta Engineering ) (Second reading and adoption) 4. TENTATIVE PARCEL MAP 21-87, 8665 PORTOLA ROAD - Request for time extension to complete conditions of approval (Gouff) 5. TENTATIVE PARCEL MAP 14-89, 8625 ATASCADERO AVE.- Subdivision of a portion of two existing lots totalling 13.9 ac . into 23 parcels of one-half ac . each . Request includes establishment of two new City standard roads (Via Tortuga and Calle Refugio ) to serve the subdivision and approval of Lot Line Adjustment 2-89 ( Iverson/Central Coast Engineering ) 6. FINAL PARCEL MAP 11-88, 5550/5560 LLANO ROAD - Subdivision of 11 .50 ac . into four parcels of 2.86 ac . each CC2/13/90 Page 2 (Atkinson/Twin Cities Engineering ) 7. CLAIM OF JACK RODDA (Recommend Denial ) 8. RESOLUTION NO. 14-90 — ADOPTING A POSITION ALLOCATION SCHEDULE FOR THE CITY OF ATASCADERO 9. ADOPTING AGREEMENTS FOR THE CITY'S MANAGEMENT, MID— MANAGEMENT/PROFESSIONAL AND CONFIDENTIAL EMPLOYEES: A. RESOLUTION NO. 8-90 — AMENDING RESOLUTION NO. 76-88, MAKING CHANGES TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR, CITY MANAGER B. RESOLUTION NO. 9-90 — ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR MANAGEMENT EMPLOYEES C. RESOLUTION NO. 10-90 — ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR MID—MANAGEMENT/PROFESSIONAL EMPLOYEES D. RESOLUTION NO. 11-90 — ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR CONFIDENTIAL EMPLOYEES 10. RESOLUTION NO. 13-90 — ADOPTING A SCHEDULE OF SALARIES FOR ALL JOB CLASSIFICATIONS WITHIN THE CITY OF ATASCADERO 11 . RESOLUTION NO. 12-90 — APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) 12. RESOLUTION NO. 16-90 — CONVEYING LAND FROM THE ATASCADERO MUTUAL WATER CO. NEEDED FOR THE SYCAMORE BRIDGE PROJECT 13. STATUS REPORT ON GRAVES CREEK ROAD DRAINAGE IMPROVEMENTS Mayor Dexter read the Consent Calendar and pulled Item #1 , stating that the minutes were not ready for approval . Councilwoman Borgeson pulled Items #3 and 13 for further discussion and Councilwoman Mackey pulled Item #9A for additional discussion. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to approve the Consent Calendar with the exception of Items 1 , 3, 9A and 13; passed unanimously by roll call vote with Councilman Lilley announcing abstention on Item #7 (Claim of Jack Rodda ) . Mayor Dexter clarified that Item #2 (Waiving of the reading CC2/13/9O Page 3 in full of all ordinances) had passed unanimously. The Council continued with further discussion on the following Consent Calendar items: 3. ORDINANCE NO. 198 — ZONE CHANGE OB-89, 7715/7745 SINALOA— Consideration of proposed Planned Development Overlay Zone to allow for the creation of a small lot residential subdivision ( Jones/Cuesta Engineering ) (Second reading and adoption) Henry Engen gave staff report with the recommendation to adopt Ordinance No . 198 on second reading . He further clarified for Councilwoman Borgeson that a private street maintenance agreement between the homeowners would be a requirement of the subdivision map . MOTION: By Councilman Lilley and seconded by Mayor Dexter to approve Ordinance No . 198; passed 3:2 with Councilwoman Borgeson and Councilwoman Mackey voting against . 9. A. RESOLUTION NO. 8-90 - AMENDING RESOLUTION NO. 76-88, MAKING CHANGES TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR, CITY MANAGER Mark Joseph clarified that the adjustment to the City Manager ' s contract was identical to other department head agreements. Councilwoman Mackey stated that she was in favor of the sick leave incentive provision of the resolution but was against the additional 40-hour administrative leave stating that the City was short-handed already. She stated that she would have like to discuss this further with Mr . Windsor , who was away on vacation. Further Council discussion ensued regarding the proposed criteria for granting additional administrative leave. MOTION: By Councilwoman Mackey and seconded by Councilman Lilley to continue the matter for further discussion at the next regular meeting when the City Manager would be present ; passed unanimously by voice vote. 13. STATUS REPORT ON GRAVES CREEK ROAD DRAINAGE IMPROVEMENTS Councilwoman Borgeson stated that because City staff was asking for direction, a discussion of the options should be heard . Gary Sims gave a report giving background and the following three recommendations: 1 ) develop alternative layouts for the CC2/ 13/90 Page 4 installation of the culverts, 2) proceed with meetings with the Berrys ' to obtain input concerning desired culvert locations along their lot frontage and 3) hire a consultant to design the culvert installation. Henry Engen supported the hiring of a consultant stating that the City has a commitment to the downstream owner to solve the drainage problem and this action would allow continued progress. Discussion followed regarding whether or not the City could hire Voibrecht Surveys to act in this capacity. The City Attorney advised that he would need to look at the specific job duties and scope of the work before his determination could be made. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to follow staff recommendations 1 and 2, and , contingent upon the City Attorney ' s findings, hire a consultant to design the culvert installation; passed unanimously by roll call vote. B. HEARINGS/APPEARANCES: 1 . CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 8405 DEL RIO ROAD (Ormonde) Henry Engen gave staff report with recommendation to approve subject to either 1 ) 10 replacement trees to be provided or 2) making a $1 ,000 contribution to the Tree Replacement Fund . Lisa Schicker , City Arborist , was present and confirmed for Councilwoman Mackey which tree was the heritage tree. Mayor Dexter commented upon lack of the continuity of street addresses and asked residents of the area to clearly identify their property. A brief discussion followed propomoting pre-design consultations with the City Arborist with respect to tree preservation. The applicant , David Ormonde, spoke in support of his request and stated that at the time he began this project , pre-design consultation was not available to him, but that he had given much consideration to saving the largest and most desirable trees. MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the removal of a heritage tree at 8405 Del Rio Road ; passed unanimously by roll call vote. CC2/ 13/90 Page 5 Discussion before the vote was taken was held . Councilwoman Borgeson suggested Corridor 101 as a primary site for tree replacement and discussion followed regarding the decision-making policies of this issue. Ms . Borgeson suggested that the Council take this up at future meeting. 2. CONSIDERATION OF REQUEST TO REMOVE A HERITAGE TREE, 8781 PLATA LANE (Jespersen) Henry Engen gave staff report with a recommendation for approval with a 6: 1 replacement . Lisa Schicker stated that the applicant was agreeable to the 6: 1 replacement and that those trees would be Oaks. Upon her recommendation, the applicant was also receptive to the idea of having his adjacent property be a _ private receiver site for the planting of additional Oak trees to provide a natural screening to the freeway. Chris Jespersen, 60890 Rocky Canyon Road , identified himself as the applicant and availed himself to the Council for questions. Mr . Jespersen spoke in favor of his request to remove the tree stating that the tree was not a healthy one. Joe Elkins, resident of Templeton, identified himself as the architect and commented on the landscaping requirements on freeway frontage. MOTION: By Councilman Lilley and Councilwoman Mackey to approve the request to remove a heritage tree at B781 Plata Lane; passed unanimously by roll call vote. 3. RESOLUTION NO. 85-B9 - ROAD ABANDONMENT 03-89, VACATING A PORTION OF MERCEDES AVE. RIGHT-OF-WAY, 5005 TRAFFIC WAY (Atascadero Door Co . /Cuesta Engineering) Henry Engen gave staff report with the recommendation to approve the proposed resolution. He described this as a summary road abandonment , that there has never been a road developed on the property and that the property owners wish to abandon the right- of-way to allow expansion of their business. Mr . Engen further stated that the Planning Commission, on a 7:0 vote, had recommended approval of the road abandonment . Council questions followed regarding setbacks , easements and future City use. CC2/13/90 Page 6 • Public Comment : Deborah Hollowell , Cuesta Engineering , asked the Council to grant the request and confirmed that the applicant is in agreement with the conditions of approval . MOTION: By Councilwoman Mackey and seconded by Councilman Lilley to approve Resolution 85-B9, passed unanimously by roll call vote. Mayor Dexter called for a recess at 8: 15 p .m. The meeting was reconvened at 8:25 p .m. 4. ORDINANCE NO. 204 — ZONE CHANGE 15—B9, 8555 EL CORTE, Proposed revisions to a PD-6 Overlay zone (Bunnell ) (FIRST READING: Recommend ( 1 ) motion to approve by title only - Voice vote; 2 ) motion to approve Ord . No . 204 on first reading - Roll call ) Henry Engen gave staff report indicating that the site plan is not before the Council for approval , but rather the request to amend the Zoning Ordinance as it pertains to building height . He • stated that the applicant ' s request is to delete subparagraph (f ) in the present ordinance so that the foundations alone could be at the 960 line, but the buildings themselves could be higher . He noted that the original zoning change was for duplexes and that the proposal has now shifted to a single-family detached project . Mr . Engen reiterated that , in light of earlier action, the Council , should they decide to approve, would need only to approve on first reading . Lengthy Council discussion followed regarding original Ordinance. No . 133 and the conceptual change from small duplexes targeted for retirement living to single-family homes. Councilwoman Mackey clarified that the 960 foot elevation in open space easement was a trade off for the higher density of the original plan and stated that she was not willing to give that away. Mr . Engen explained that the feeling at the time was to keep an open space easement and protect the hill in the back for public benefit for a planned development . Councilwoman Borgeson supported the thoughts of Councilwoman Mackey, stating that no public good would be left if the view shed was impinged upon. Mr . Engen answered additional questions regarding the number of proposed buildings and the zoning of surrounding properties. Mayor Dexter stated that he would like to see more detail . CC2/ 13/90 Page 7 Public Comments: Ray Bunnell , owner-developer , addressed the Council with additional architectural renderings for their review. Mr . Bunnell gave support to his request stating that he was trying to move away from an apartment-type development . He asserted that he had designed homes to fit the hillside without having to cut trees, and that the original plan would have eliminated many trees. He further explained that his proposal was a nice variation of hillside elevations that would not conflict with the view, indicating that the highest rooftop would be 988 feet . Mr . Bunnell described the development as one that would not r ' f t stated that he believed discriminate between adult and family bu the appeal would be to the retired . He added that the plan included a hiking trail and picnic area. Mr . Bunnell answered Council questions regarding lot sizes, home design, community open space and recreational areas. He indicated that there would be an owner ' s association. Mayor Dexter asked Henry Engen if this development was within the Urban Services Line, to which Mr . Engen replied that it was. Councilwoman Mackey and Councilwoman Borgeson both stated that they felt there were too many homes planned for the area. Councilwoman Borgeson reiterated that the Council needs to consider the trade-off that was agreed to as a condition of the original re-zoning from one acre lots to a Planned Development as proposed by Mr . Poe. She stressed that the new owner , Mr . Bunnell , has an entirely different proposal which does not adhere to that condition. Mr . Bunnell responded that in some cases conditions are imposed that are not necessarily good for a site and stated that he believed this to be true in this instance. He proclaimed that his proposal was a much nicer project that would not create further cuts in the hillside and would be visually more pleasing than flat top houses. Jay Peterson, 8519 E1 Dorado , stated that he was representing himself and neighbors, Steven and Sharon Clark and Mr . Bob Ludwig . He asked the Council to take a good hard look at the site, its ' topography and ingress/egress features. He urged them to deny the project declaring that it is not suitable for the neighborhood and would create difficult traffic situations. Mr . Peterson asked the Council to have the applicant conform to the existing zoning , or rezone the area back: to single family with CC2/13/90 i Page 8 1 /2 or 1 acre lot sizes. Mr . Peterson submitted a letter (Exhibit B) from the Clarks echoing the same concerns. Eric Michielssen, 5300 Aguila, spoke in support of the project outlining the improvements to the original plan and the benefits it would offer to the City. He asked the Council to thank the developer and help him clean up the existing mess by approving the request . Mike Jackson, 52235 Barrenda , urged the Council to approve the proposed project by allowing the developer to maximize the aesthetics and hide the cuts . He acknowledged the possibility of traffic problems stating that they could be worked out and asked the Council not to get stuck on the arbitrary figure of 960 feet . Mr . Bunnell recognized the traffic concerns and stressed that limiting a community to retired persons would not solve the problem. He further reported that City staff has advised him that he must open up another street and that he has agreed to do SO . He disclosed that the development would be required to complete off-site improvements totalling X30-40,000. Mr . Bunnell maintained that his plans revealed a nice project and stated that he hoped the Council would go along with it . Harold Peterson, neighboring property owner , announced that he had asked the City for 1/4 acre zoning and was turned down flatly for 1/2 acre. He proclaimed that the same zoning should apply and that the proposal represents too many homes for the area. Council Comments: Councilman Lilley commented that he would like to have an assurance that the concepts of a planned unit development do not alter without the Council ' s opportunity to discuss with the applicant changes that ought to go with that shift . He stated that he did not quarrel with the fact that the 960 elevation limitation may be unrealistic , but expressed his concern that the development be compatible with the area. Councilman Shiers stated that in order to increase the density, a 960 foot level was drawn as the contour line that would preserve open space above that . He asserted that this trade-off was the primary reason for originally approving the zone change to the higher density and if the Council does not wish to stick with that compromise, than it should go back to the original zoning of one-acre minimum. CC2/13/90 Page 9 MOTION: By Councilman Shiers to deny ZC 15-B9 and Ordinance No . 204 and seconded by Councilwoman Borgeson. Before voting on this motion, Mr . Bunnell made a request to have the matter continued so that the Council could have the benefit of all the information that staff has. Council discussion followed . Henry Engen offered another alternative by recommending a referral back to the Planning Commission for further detail on the proposed site plan. He further suggested to consider the amendment in tandem with an exhibit that shows a more detailed layout of the property. Councilman Shiers withdrew his motion in light of the discussion. Councilwoman Borgeson withdrew her second to that motion stating that she was not comfortable with changing a project that the : original Planning Commission had approved and that the appropriate action was to send it back to the Planning Commission for further analysis. MOTION: By Mayor Dexter and seconded by Councilman Lilley to refer back to the Planning Commission for further study; passed unanimously by roll call vote. Councilmembers Mackey, Borgeson, Shiers and Dexter all proclaimed that they would like to see less density. Mayor Dexter asked the public for their input . C. REGULAR BUSINESS: 1 . PROPOSAL FOR THE CITY OF ATASCADERO TO OPERATE THE ATASCADERO SCHOOL DISTRICT SWIMMING POOL ( Cont ' d from 1 /23/90) Mark Joseph gave staff report on behalf of Andy Takata. As per the City Council ' s request , staff had contacted the City 's liability company to determine the amount of risk exposure the City would be under if it were to operate the swimming pool . He reported that the insurance company did not feel there would be an appreciable increase in rates, but they stressed that they wanted to be able to review the contract between the City and the School District to make sure that the liability exposure stays as limited as possible. Staff ' s recommendation was to proceed with the project on a pilot basis to determine whether it can be done cost-effectively. CC2/ 13/90 Page 10 Councilwoman Mackey and Mayor Dexter strongly supported the project . MOTION: By Councilwoman Mackey and seconded by Councilwoman Borgeson to direct staff to begin the planning for the operation of the Atascadero High School swimming pool for the 1990 season and to set up an enterprise account to track the expenditures and revenues; passed unanimously by voice vote. 2. ORDINANCE NO. 205 - DELETING THE REQUIREMENT THAT PARKS AND RECREATION COMMISSIONERS MUST TERMINATE THEIR OFFICE WHEN SEEKING CITY ELECTIVE OFFICE (FIRST READING: Recommend ( 1 ) motion to approve by title only- Voice vote; (2) motion to approve Ord . No . 205 on first reading - Roll call ) Mayor Dexter stated that this ordinance is intended to bring into line the Parks and Recreation Commission with the same rights and privileges given to the Planning Commission and to make consistent with the Atascadero Municipal Code. There was no council or public discussion. MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to approve Ordinance No . 205; passed unanimously by roll call vote. Councilwoman Borgeson asked the City Attorney for clarification of the motion. He stated that the Council may approve the ordinance at this introduction and adopt the ordinance at the next meeting . 3. RESOLUTION NO. 15-90 - APPOINTING MEMBER AND ALTERNATE TO SERVE ON COUNTY SOLID WASTE TASK FORCE Mayor Dexter affirmed the appointments of Councilwoman Mackey as the appointee and Gary Sims as the alternate. Councilwoman Mackey clarified the reason for asking Mr . Sims to be an alternate stating that he would be the technical representative. There was no public comment . MOTION: By Councilwoman Borgeson and seconded by Councilman Shiers to approve Resolution No . 15-90; passed unanimously by roll call vote. CC2/ 13/90 Page 11 i I 4. LETTER FROM DON KLINE REQUESTING EMERGENCY GENERAL PLAN AMENDMENT - Staff request direction Henry Engen gave staff report requesting the Council give direction to respond and gave a number of alternatives . He stated that since the agenda had been circulated , he had come up with one other alternative. Mr . Engen presented draft Resolution No . 17-90 and described it as the most expeditious. Mr . Engen explained that the resolution would ( 1 ) enable the Kline ' s to , at their expense, have a temporary sewer hook-up at 5300 San Anselmo , (2) establish the temporary hook-up to permanent service contingent upon amendment to the General Plan enabling the action and 3) establish that such temporary service be contingent upon the Kline ' s agreement in writing to immediately disconnect said service and repair said septic system, and hold the City harmless should the contemplated General Plan Amendment not be approved ( in such event , the City would refund the sewer annexation fees and charges appropriate) . Brief council comments followed . Mayor Dexter recognized the need for an emergency action. The City Attorney stated that he had approved the resolution for content earlier in the day. Public Comment : Don Kline, 5300 San Anselmo , thanked the Community Development Director for his efforts and asked the Council for direction in establishing an agreement with the City to revamp the system if the General Plan Amendment did not go through . Mr . Engen . suggested that Mr . Kline have his attorney draft an agreement including his proposal for review by the City Attorney. Mr . Kline agreed to his recommendation. MOTION: By Councilwoman Mackey and seconded by Councilwoman Borgeson to approve Resolution 17-90 permitting temporary sewer hook-up to 5300 San Anselmo ; passed unanimously by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports: 1 . City/School Committee - Mayor Dexter reported that the CC2/ 13/90 Page 12 committee had been discussing the possibility of a joint effort to erect a community center/gymnasium and he was given Council approval to pursue further discussions with the school district. 2. North Coastal Transit - No report . 3. S.L.O. Area Coordinating Council - No report . 4. Traffic Committee - No report . 5. Solid/Hazardous Waste Mgmt. Committee - No report . 6. Recycling Committee - Councilwoman Mackey announced next meeting date. 7. Economic Opportunity Commission — Mayor Dexter announced that he would attend the next meeting , February 15, 1990. 8. B. I .A. — Councilman Lilley reported that he had attended a meeting with the City Manager and members of the Board of Directors of the B. I .A. concerning the status of the City parking lot . He stated that these concerns dealt with insurance and the effect of the recent position taken by Mr . David K . Smith with regard to discussions about his easement . Mr . Lilley stated that the final draft of documents dealing with the easements reflected , to the best of his knowledge, the exact language that was acceptable to Mr . Smith . He further reported that he had suggested that the City Attorney make a determination on whether or not Mr . Smith has an easement that is recognizable. 9. Downtown Steering Committee — Henry Engen announced that the plans had arrived on this date, that they would be distributed and set a tentative meeting date for early March . 10. General Plan Subcommittee — Henry Engen reported that the committee is proceeding through the preliminary draft of the Land Use Element and announced that Ed Ward would be making a presentation regarding the view shed on Highway 101 at the next meeting . Mayor Dexter urged all to become involved with Neighborhood Watch . CC211' 13/90 Page 13 2. City Attorney - No report . ; 3. City Clerk - No report . 4. City Treasurer - No report . 5. City Manager - Absent Henry Engen asked the Council to consider a special meeting for February 26, 1990 to accept final maps, stating that normally this kind of action would be part of the Consent Calendar at a regular meeting . He requested that, due to County Recorder deadlines, the meeting be scheduled and suggested the time of 1 : 15 p .m. Councilwoman Borgeson asked if the meeting would be noticed. Mr . Engen recommended that the Council adjourn to that date. The City Attorney advised that it would be a regular meeting with a posted public hearing . THE MEETING WAS ADJOURNED AT 10:05 P.M. TO FEBRUARY 26, 1990 AT 1 : 15 P.M. IN THE CITY MANAGER'S OFFICE. MINU ' RECO ED AND PREPARED BY: ., LEE,'DAYKA. ' CITY D ERK ilAt"tactm�ts: Exhibit A (Okeefe) > > Exhibit B (Clark ) (On file with the City Clerk) CC2/13/90 Page 14 Meeting Agenda Date /22. 7/90 Item A_4 CITY OF ATASCADERO • SCHEDULE OF CASH RECEIPTS AND TRANSFERS TREASURER' S REPORT FOR THE MONTH OF JANUARY, 1990 CASH RECEIPTS: Property Taxes $ 272 ,014.20 Sales Tax 106 ,900.00 Bed Tax 23,999. 36 Motor Vehicle In-Lieu 66 ,475.08 Cigarette Tax 3,427. 74 Miscellaneous Taxes 1,792. 79 Sanitation Fees 82 ,502.17 License/Permit/Fees 86 ,416.75 Franchise Fees 4,036.49 Fines/Penalties/Overages 372.10 Investment Earnings 125,155.30 Rents/Concessions 10,000.00 Sales-Maps/Publications/Reports 244. 75 Police Services 589.50 Weed Abatement 1,267 43 Parks and Recreation Fees 14 ,382.40 P.O.S.T. Reimbursement 1,962. 52 Miscellaneous 10 ,361.92 Gas Tax Receipts 50,812. 35 Developer Fees 149,105.12 Zoo Receipts 4,501. 64 Dial-A-Ride 3,213. 83 B.I.A. Dues 21045.00 A.D.#3-Marchant/Atascadero Lake 2 ,988.00 A.D.#4-Separado/Cayucos 22 ,753. 38 A.D.#5-Chandler Ranch 4 ,371.22 Street Maintenance Districts '994. 40 SUB-TOTAL 1,052 ,685.44 OTHER CASH RECEIPTS: Reimbursement to expense 632.48 TOTAL OTHER RECEIPTS 632.48 TOTAL CASH RECEIPTS $1,053,317. 92 MeetingAgenda Date 227/90 Item A-4 (CONT'D) CITY OF ATASCADERO CASH ACTIVITY SUMMARY • TREASURER'S REPORT FOR THE MONTH OF JANUARY, 1990 BEGINNING CASH RESOURCES $8,496 ,123. 79 ADD: RECEIPTS 1,053,317. 92 FUND TRANSFERS 750,000. 00 LESS: DISBURSEMENTS 1,048,384.93 FUND TRANSFERS 85.0,000. 00 ENDING CASH RESOURCES $8,401,056. 78 SCHEDULE OF CASH RESOURCES As of January 31, 1990 Checking Account: Mid-State Bank $ 133,071.78 Certificates of Deposits : Butterfield Savings 99 ,000. 00 9.25 12/12/89 Other Investments : Local Agency Inv. Fund 6 ,341,000.00 8.57 N/A • Fed Home Loan Bank-FICO 1,827,445.00 8. 35 12/06/89 Other Cash Resources : Petty Cash 5.40.0.0 TOTAL CASH RESOURCES $8,401,056. 78 CARE SIBBACH City Treasurer Meeting Agenda Date 2/27/90 Item A-5 CITY OF ATASCADERO • SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOR THE MONTH OF JANUARY, 1990 DISBURSEMENTS: Hand Warrant Register for January, 1990 $ 200,893. 72 1/5/90 Accounts Payable Warrants 182,845. 09 1/10/90 Accounts Payable Warrants 82 ,604.69 1/18/90 Accounts Payable Warrants 248,473.43 1/26/90 Accounts Payable Warrants 40 ,372.08 Service Charge-Mastercard/VISA 5.00 Wires for January, 1990 850,000.00 1/3/90 Payroll Checks 48732-48889 113,670. 82 1/17/90 Payroll Checks 48890-49036 133,297.43 1/31/90 Payroll Checks 49037-49183 114 ,689. 82 TOTAL $1,966 ,852. 08 LESS: Voided Check #49523 7 ,294.50 Voided Check #49547 799.20 Voided Check #48844 9. 00 Voided Check #49444 4 ,797.00 Voided Check #48588 646.16 Voided Check #49553 9. 00 • Voided Check #49635 37. 90 Voided Check #49792 53,654.55 Voided Check #49737 167.00 Voided Check #47963 380. 00 Voided Check #49771 672. 84 SUB-TOTAL VOIDED CHECKS $ 68 ,467.15 TOTAL DISBURSEMENTS $:1,:89:8,:3:84:..93 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated andreferred 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 JOSEPH Admin strative Services Director • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-6 Through : Ray Windsor , City Manager Meeting Date: 2/27/90 f From: Mark Joseph , Administrative Services Director // SUBJECT: Adopting Amended Benefit Package for the City Mana r RECOMMENDATION: Staff recommends adopting resolution 6-90, providing additional benefits for the City Manager . BACKGROUND: This item was continued from February 13, 1990. The provision in question, an additional 40 hours of Admin. Leave per year , is essentially the same benefit approved by Council for Department Heads. The benefit itself is relatively cost- effective, since the time cannot be converted to cash . • • • RESOLUTION NO. 8-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION NO. 76-88 MAKING CHANGES TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR, CITY MANAGER Section 1 . That section 5 entitled Vacation Pay is amended to ten ( 10) days of Management Leave. Section 2. That section 9 entitled Sick Leave is amended to add , "Upon termination of employment in good standing , after five (5) years of continuous service, he shall be paid one-half of all accumulated Sick Leave. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held February 13, 1990, by the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: ROLLIN DEXTER, Mayor ATTEST: APPROVED AS TO FORM: BOYD C. SHARITZ, City Clerk ARTHER R. MONTANDON, City Attorney • s REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-7 Through: Ray Windsor, City Manager Meeting Date: 2/27/90 File No: TPM 24-89 From: Henry Engen, Community Development Director SUBJECT: Subdivision of two lots of approximately 18 acres into three parcels of 6 .70, 5. 90, and 5 .80 acres each at 10750 Santa Ana Road - Vaughan/Kamm/Dohan BACKGROUND: On February 6, 1990, the Planning Commission conducted a public hearing on the above-referenced subject. On a 6 :1 vote, the Commission voted to approve the parcel map subject to the Findings and Conditions of Approval contained in the attached • staff report. There was discussion and public testimony as referenced in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative Parcel Map 24-89 as per the Planning Commission' s recommendztion. HE:ps Attachment: Staff Report dated February 6, 1990 Minutes Excerpt - February 6, 1990 cc: Tom Vaughan, et al • ITEM : B-1 MEMORANDUM TO: Planning Commission FROM: C).P' Doug Davidson, Senior Planner DATE: February 6, 1990 SUBJECT: Tentative Parcel Map 24-89 (Vaughan/Kamm/Dohan) BACKGROUND: On August 1 , 1989, the Planning Commission conducted a public hearing on Tentative Parcel Map 23-88, a request to divide two lots of 18. 78 acres into four lots of approximately 4. 50 acres each. The staff recommendation was that the site is suitable for a three-lot division, but not a four-lot split, due to steep slopes and severe septic suitability. The Commission' s decision was to direct staff to prepare Findings for Denial of the four- lot division as presented. As an alternative, the applicant could submit a three-lot division for consideration at the September 5, 1989 meeting. At that meeting the applicants chose to present the original four-lot request, and consequently the • Commission adopted the Findings for Denial on a 5:1 vote with one abstention. The decision was appealed to the City Council and at their September 26, 1989 meeting the Council denied the appeal based on the Findings for Denial in the September 5, 1989 staff report. Tentative Parcel Map 24-89 is a three-lot division consistent with the original staff recommendation of August 1, 1989. ANALYSIS: Staff continues to support the creation of three lots for several reasons. First, the site contains three suitable building sites as shown in Exhibit A. The building sites are approximately 200 feet apart, with sufficient individual area for single family residences and septic systems. Slopes on the building sites range from 10 percent on Parcel 1 to 22 percent on Parcel 3. Extensive grading or tree removal is not necessary to develop these building sites. Most importantly, this lot configuration recognizes the physical constraints of original Colony Lot 30. All three proposed building sites are located on Colony Lot 31. The revised map proposes a private road using the existing fire road alignment, except where a greater turning radius is needed. Minimal grading and removal of one 18" oak tree is necessary for construction of the private road. By comparison, the City • standard cul-de-sac of the original map required extensive site disturbance and tree removal. Since the proposed road will serve three parcels and is private in nature, equal maintenance and ownership of the road seems appropriate. The other road standards of the Subdivision Ordinance, such as width of pavement, maintenance agreements, and address signs, have been incorporated. Staff believes that the required Findings for Approval can be made. The site is physically suitable for development of three single family residences. This is not a typical "flag" lot design, however, the three special findings of Subdivision Ordinance Section 11-8. 209 are applicable and have been included. Although the proposed lot lines are irregular on paper, the subdivision uses the topography as the basis for its design. This is a prevailing theme of the City' s land use policies. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 24-89 based on the Findings for Approval in Exhibit C and the Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Revised Parcel Map Exhibit B - Preliminary Grading Plan Exhibit C - Findings for Approval Exhibit D - Conditions of Approval Exhibit E - Staff Report to City Council (September 26, 1989) CITY OF i EXHIBIT A REVISED PARCEL . . ,�. COMMUNITY / 1 24-89 DEPARTMENT 10 19 MW W AV NVAAW. "Dom r.WANMW 0 Avral MLANWr NW C40LAMW AM Awmw W9 mwopm� IW ON dV AyAlDWWW. mamm em: AM 4W AP.Aziowm.Mr. liar AIMMDM /I i r ,W EXHIBIT B CITY OF ATASCADERO sl,r •' ' • til fi GRADING PLAN COMMUNITY DEVELOPMENT TPM 24-89 DEPARTMENT 1,411, TYPICAL -STC IION— PLAN a.n.... VICINITY MAP ol T.I f � .. 7 i { 1 I 4, PRELIMINARY 1 � GRA/VNG PLAN 1 1 SIERRA PACIFIC EICIAEERIIC I ' '1 ' EXHIBIT C - Findings for Approval Tentative Parcel Map 24-89 10750 Santa Ana Rd. (Vaughan/Kamm/Dohan) February 6, 1990 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact upon the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision, and/or 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 design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. 8. The proposed subdivision is consistent with the character of the neighborhood. 9. The installation of a standard street, while feasible, is not desirable, due to the extensive site disturbance necessary for construction. 10. The proposed subdivision is justified by topographical is conditions. EXHIBIT D - Conditions of Approval Tentative Parcel Map 24-89 10750 Santa Ana Rd. (Kamm/Dohan/Vaughan) February 6, 1990 CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Co. Water lines shall be extended to the frontage of each parcel prior to the recording of the final map. 2. 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. 3. 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. 4. 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. Tree protection plans, including one replacement tree, prepared by a certified arborist. b. A landing is required at the end of the private road. C. The private road shall be twenty-four feet wide with twenty feet of pavement, as shown on Exhibit B. d. Plans shall include measures for drainage control. e. 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. 5. Construction of the private road shall be completed prior to recordation of the final map. 6. Private road 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, adequate turn around, and sufficient turning radii. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 set by a date specific and that they will be sufficient to enable the survey to be retraced. 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. 12. 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. 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 5, 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 . I 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 VAUGHAN SURVEYS 630',14!h STREET p9" Robils, 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 ; ' Few, (� 1989 .SIERRA PACIFIC ENGINEERING IVIL ENGINEERING TIMOTHY P. ROBERTS IVISION DESIGN PRINCIPAL ENGINEER ND USE PLANNING August 30, 1989 PUBLIC WORKS DESIGN TRAFFIC ANALYSIS COMPUTER AIDED DESIGN City of Atascadero 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 209. 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 9 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. t 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, �r' ESS SIERRA PACFIC ENGINEERING Timothy P. Roberts, P.E. TPR/bc EDA INGINIIHING DEVELOPMENT ASSOCIATES 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 ADM INISTRATION 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 thyt appears suitable for the waste disposal field is located east )f the building site and the required 100 percent expansion site is 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 propobed residences. Should you have questions, please contact this office. Sincerely, Reviewed and Approved, ENGINEERING DEVELOPMENT ASSOCIATES C ✓, David C. Main eith V. Crowe Q 0 ESS/04/ ,C- ��\�N V CAQ6LF F?\ T\ J � LIC.A!0 Ezp. 11/92 t i DCM\89-861\DOHANI.LTR e c, •x e• i / m ` r r , n r r: .71 c OF m rn I"1 1. rn ti Q—y N 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 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 acceptedroad) . . . . . . . . . . . . . . 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, thero osed building sites are P p 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 i 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 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 1 Exhibit A CITY OF AT�S�ADERO �i Location Map COt41.L1UNITY DEVELOPMENT TPM 23-88 DEPA R T M E N T L 1V\ S ( FH ) yOFBa I 1I � � • NF f �� f O D - L W OJ -� i �ROADLLANO \. i ' e\ i Exhibit B �,_. Y.,,� CITY OF ATASCADERO Parcel Map CO.'✓f:ivfUNITY DEVELOPMENT TPM 23-88 DEPARTMENT OWWrn CERTIFWJTE S HKAGW DERMOT A►ORORN.OF THE ow"W"K=AL IROIORTT SHOWN ON THE TONTATWE MY AHS CYTWv wmT S AM THE AVTIYRQOO ROFSESwT rm K THE OWNSRS AND THAT THE MAI M TRW AND COMM?TO THE REST M my RMOvM000i. i ALL" Et _fir a 1 41. •'� }� �' tri. ' � .+ 4 A.�hAN .��`.y, � _.,.ice 1 (' - ,, ♦E. .s 4 eu \ e1TE /ICHTY MAP k .. .a� ATAKAouo TENTATIVE PARCEL MAP A111-242 W.W A WIS.o1 LATS 80 AND R, KOCK It ' W#,vwR m C0.0N'COUNTY a sw WI ONro, . STATE OF CALPORWIIA M WCORKS W 9"11. _TWIN CITIES ENGkJEERINGas .. SOO MMI STREET/►O.RN TT? . -. TSMft&,@R CAHJORNIA SOeOs on) OE/.HEA SHEET H OF E Exhibit C CI TY OF ATASCADERO Map Detail r'+s�•'ac =4 ' -7 TPM 23-88 "CAD : COMMUNITY DEVELOPMENT DEPARTMENT LOT 30 r 'E XV INCE IDT 1 �—�.�+ , .tip,.._.,_/.//' � ' �,.� .. :{x •�� ,� r ii25 } EXHIBIT D , CITY OF ATASCADERO EXISTING DIRT ROAD TPM 23-88 COMMUNITY DEVELOPMENT DEPARTMENT r 3 :rz _ i i ttx _ +�1`1�` t z9• — \ 1 \r =`- ✓` \ �!!T 1 \ +11 -56 10 1£2 T -v + � +1m�?8 ;gym£°• ` � f !�l�.e+a5: ' e �R ` •` i 5 �151+L:'L= i092 gime = +:m��•�-;;r:• � +.i=. 1 �.. .�\ .14 75. TOM VAUGHAN, L.S. 575_ ) 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 Alnv8-242 (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 be=drocl: encountered on the site, however, this would still be a ro: uirement because the percolation rates exceed 30 minutes/incl). 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 propo!-ed 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 read is because of the flag lot requirement of the zoning ordinance. I would however, be susceTtible to reverting back to the private road aspect. This oould allow ste�iper slopes, less site disturbance if tha existing fire .-.ad iaere used, and less tree removal. I have been under the inplession that the City preferred standard roads over private, but either way would be acceptable. The change would not be majcr. At any rate, I hope this helps, and if I can answer any additional quest:ic.ns, please do not hesitate to give me a call. Very truly ours, TOM VAUGHAN, L.S. 5751 TV:ds EXHIBIT F VAUGHAN SURVEYS 1940 Spring Street • Paso Robles, CA 93446 � m; (805) 238-5700 • FAX (805) 239-7878 .JUN 30 1099 ,-- - �f ::�.�5'�.±tea_'•� COMMUNITY bitVEL'1#" Sewag ✓: �n'�S?. ? S_'J- - -il� Study fcr -e nt—at—ve �esr Hr . DeCamp . 70U o:=a?" -a'=ed J'L_te we have -.)e _r,, e- 3 ^ C„ _`Cai --0 nn �na S1r-^ ,eC= S-1e . W� S- -ems` =az_e re -.Q-.,perad ivate Cewage disposal SVstems W;--- �'at-r=- -"C':: �_cpes ^_r 'g from _7 1.-._._ --_"..-`.0 �.��ia-on _nal mncund cr �� a^c- ans,.; -at- _.._ type sr stems w4- l fu_^.ct_on rua-a i areas cni:i-f fed are snswn on accOmTpa.vin6 map as shaded areas 4: — These areas will cccmmcdate a system for a 3- bedroom hcuse with s^ace for 1v0a expans".on. The ant-clpated des-g:i -1lfiitrat-0= rate w'i _ � be 5G Ga. per sq. ft. per da,7 are ade— ate- :ou-ld-^g S-tes above or ad.;- the ^rc ose'd disposal Ys_=es TiJ ,ic'- will {aci : ltate gravity i -OW I^di -ci>>al s-stems k: l 1 be designed and const—'—d _nY ac.,.._ dance w"t t e State Water Resources Con-- l Board "G el i:es For '"curd S'yST_ems" and "Guidl i nes for Tprimary regarding the installation of m,cund systems _s t e na_.:ra_ ground slope . The natural arcund _7Lope for mound sys-ems is not to exceed 12%. We propose tc perforT. miner site grading (cuts and fills less than 21 ) to bring theareas into conformance for installation of mound sys�ems . In no case ki'_ 1 the existing soil mantel be disturbed in the area where the system is to be installed . S_nould ,..._s ^T be unacceptable , the alternative would be to inst QR�F� spiration/Infiltration systems . q Ql: Sincerely, C-7 v T'/) 15GHAN/SSURVE S r W No. +4085 `/ 'F Exp,. 6/30/93 '' j e t r e y B. Mills RTV and �T9j CIVIL ,% Ci i 1 Engineer / E OF CAV\\ 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: 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. 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. } 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 set by a date specific and that they will be sufficient to enable the survey to be retraced. 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. ITEM: B-1 MEMORANDUM TO: Planning Commission FROM:D•V 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 - 8/1/89 MOTION: Ma a ommissioner Luna, seconded b s- sioner+Waage carried approve Item A-1 with the ame 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 t0 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 , eta: . Mr. 00han Contended that the average building site slopes are 11-17% and not 20-30 as determined by staff and noted that the I 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 iot 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 Lindo" . 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 : Application filed by Genevieve Colombo for divisioi of one parcel containing 10 . 0 acres into two lots tain- i 2 .0 acres, one lot containing 1 . 0 acres, d one lot ontaining 5 . 0 acres . Subject site is ocated at 10785 Camino Real. Mr. DeCantp preset ed the staff report ing a recent Gen- eral Plan Amendment hich extended t Urban Services Line to the subject parcel id one to a south. Staff is recommending approval su ' ct 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 Parc s is sold and then developed as i ti-family in a possible pcemeal manner. Discussion ollowed as to the potential of e property develop ' g multi-family; discussion also took ' ace on the pro-poi 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• Lomrni ssioner Brasher moved to nominate Commi ssi or .w L na for Vice-Chairperson . ChH i r•per•son Lochri - e sec rlded the motion . MOTION • Commi ss 'oner Lopez-Fal bonti n moved to no nate Commis- sioner, :omrnis- sioner• H ' nl and for vice chH'i r•person . Commi ssi oner• High - nd stated he w0U1 c:i n serve in this offic:e . Commissioner lope -Bal bona i n w' -hdr•ew the motion . �. I- eve stated Cornrn i '-z.;S- i oner' L UI''H Hs t:' a new V i r..e-Cha i r pr_rson by MCCI r4f1la F.10n . PUBLIC COMMENT No public comment was re ..e'i veci . A. CONSENT CALE AR 1 . Appr• val (:)f mi nUteS of tyle r e Q U I ar P1 anni n Comm i ss i can (13,- .-ting of August 15 , 1989 MO ON: Made by Commissioner, LUnH , seconded by Commi -- s�i oder• Brasher Hnd c::Mr•r•ied 7 ., 0 to approve the consent cHlenc'ar• as presented:' . B . HEARINGS, APPEARANCES, AND REPORTS 1 . TENTATIVE PARCEL MAP 23-88 : Appl i cH i-•i on filed by 9711 C?ohMn Hnd Tom VHc.191 . n to sUi:lc:ii vi c:ie two 1 ots of 1 8 . 78 Mcres -into four parcels contHi ni rl9 approximately 1 . 50 acres each . The request a1 so i nc1 Lides construc::t: i on of a C i ty stHnc:iMrri cr.'1 -cie- sac named Arbol Li ndo LHne . S'.'bjec:t: site -is lor..Hted Mt 10750 'Hnt:H AnH RoMc:i . !!:.OW i TNUFD FROM 8/ i/89 MFFTTNG i !:.flH i t perSc:�n l.oc:hri c:iye ar'nor.rnr..eci that he w i l l enter tH i n on i y new i n For•rnat i on Hssc:>C'i H'i::ed:i with th-i s •i tern. Doug DHv i dn preSer' i e F hr.: S1 aff report suminHr• i zi nq the bMc:isur•ound:i f r,orn the Previous meet i rl9 , T.t wHS noted t:he Hpp1 icMn1. hHS dec•ic:ied:i no-1:: 1::o r• v�i e t:}le rnMo ; st-Hff r er..omrnendM i- 1 c:'n •i S tor• den i H 1 o - the Fd:)r.'I -wMv 1 p !hH i r-p e r-s on i_ochr• i d 9 e s I::H t:ed i-w 1 ?ti::er ; were S'.'r:'rrri F-c.i i c; t:he Cornrni ss i on i r.'st: pr•i or• t:o t:h i S meet: ; n ,e(id .y i i cawed I.:I'e Cornrni ss'i on t:he opp()r• 1:U11 i i y 17c:) rev'i ew t:F'-ill. Commissioner Hanauer, stated he would abstain fr-orn any par•ticipat iori in this matter- ;.-.is he. was not in attendance at the August 1st hear-ing. Toni Vaua'IiHn , applicant , apologized for- the lateness in s u b in i t t I (19 the I e t te r-s grid S Uni in a r-i zed the statements contained in the cor-r-espondence Fr,orn two engineers ( EDA and Sier-r-.a Pacific Enaineer,ina) who concluded that four, parcel were possible . He asked that the firldirias for- denial be fo r-eflect findings for- approval of a four.-Way split . He then responded to questions from the Commission per-tainina to the potential for• tree removal with putting in 7 the pr-oposed street rather, than uti 1 1 zi na- the exi sti na f i r-e I I ane ; o t he r• H i -E e r n a t-1 v e b u i I d1 1-1 a s i f:e S f c)r, the parcel s a ri d septic systerns f c)r- t h e- s i t.e s . !Commissioner, L U ria r-e f e r,e n c e d a s P c i:i o n of f.:li e G e n e r-r-.-t I P I a[I per-tai ni rig to dead end streets arld cul -de.-sacs bei F-19 I i m-1 ti ria f a c f:o r-s as i t r,e 1 ares t c) f i r,e d i s t r-i c+: op e r•a f-7 ores . :1 D i S c 1.1 S s'I C)rI f c) I I c)we cl . The_r,e was also discussion r-elative to what effect a tthr,ee- wa y s p I i t versus a four--way s p I 1 -1:: wo(.rI cl Clave o 1-1 f.:he. Fire DepHr-tnierit I s r-eciui r-ernents . 0 MOTION: Made b y C cmin i s s i o ri e r tuna a n d seconded b y C omin i s- s i c)ri e r, F.r,R s li e.r- to d(-i!ri y T e n t a t i v e P a r,c e I M a. p 23-88 based on F h e f i n di rigs for derii a I contai riec.] i n the s 1:a f f r.e D o r.-1: . The motion (-:ar,r-ied 5 : 1 .1 1 with ornini s s'i one r, H1 gh 1 a n d cl i s s e(i t i n a a n d C oinin i s s i over, H a ri a u a r, a b s f.:a I 111 1`1 a . 2 . V"JANCE 2-89 : Appli ation filed by C-avid Sinqer• and Susan Hark n-_ s for- r--i v4.cionce from the 7oning Or-dinaric.e. r,ear, etback standards . - Subject s i t e i S I oc a t e.cl a-E 540 a j a d a Avenue . Mr-. Davidson presented e staff rep surnmar-izing the Plannina Cornmissic-mls r.)r,ev , -)I.ls d.- lal of a var,iance for, a 0 ' rear setback w i -Eli t h e C 0 U n c i efer,r,incl the rym--iffer• to the Commission for, consider-at' . 6 of t. r, S foot. set.ba..-ck . (AMI)i S S i C)t'l C3(.re S'..-1 C)II S .4 11 Cl CII i S C.,(A s s 1 0r1 I T'C) I WeC.t C.10(I C e r,(I I II Q P 0 s e t.-I I r I I I;-I 'r.:i v e 1 c)(7 a 1:: 1 c)i i s F" i ri a e r, H p p i 1 earl S 0()1< r, is c)I' i h ^ U(1 E ; a eE�T'f c)r-f:s w I I i c h It'l..'4 Ve beet! i-:H k n i F1 F V i n j I (, I oca L i on F C)1, -1::he garage w(I i c I i w(:)(.rI cl save ili� 1 .1 t"Z4 i e r,1 1:a a e oak I:-r-e e i n tale r, r, Mr- n a e i o. c)'K e (:) me I T c)f 1-1 e i a hc)c)F,i (I ca Pr.op 1: i •-s r c'(.)1.) i.e-I 1 i 1:r d t:. f-F r,e p c)r,t ffla II V 0 li e rn c c)r-n a r, I o w i i i ch do n c)-1:: file e f F li MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday. February 6 . 1990 7 :30 p.m. Atascadero Administration Kuildinu The regular meeting of the Atascadero Planning - mmission was called to order at 7 : 30 p.m. by Chairperson Lo - lridue, followed by the Pledge of Allegiance . ROLL CALL: Present: CO11111iiSSiOliers Luna; Waage, lgh'Land; Lopez-Balbontin'. Brassier; Hanauer, and C:hai person Lc:cnririur Absent: Tione Staff Present: Steven DeCanip; City Planner; Doug Davidson Senior Plann - and rat Siieppiiard,. Adruinititra- tive Secret-ry PUBLIC COMMENT There was no 17ubl is c " imient . A. CONSENT CAL- DAR 1 . App 'oval of vninutes of ti-le! regular Plat111iiiu COiii111i55i011 iiie =cilia of january 16 ; 1990 MOTI By Commissioner Brasher; sec:olided by Cow iissionter Highland and Carried 7 : 0 to approve tiie Consent Calendar as Uresentt;!d. B. HEARINGS. APPEARANCES . AND REPORTS i . TENTATIVE PARCEL MAP 24-89 : Application filed by Vaughan/Kallllll%Do(ian to subdivide two lots of approxi.uiatel_y 18 acres into three parcels of 6 . 70 . 5 . 90 ; and 5 . 80 acres each . Subject site is located at 10750 Santa Ana Road. Doug Davidson presented the staff report. Background was provided on a previous application for a four lot subdivi- sion on this site which was ultimately deniers; on appeal , by the Council . Staff is recommending approval of the three lot parcel map subject to certain conditions. Cowl-Ilissioll questions and discussion followed. MINUTES EXCERPT - 2/6/90 PAGE TWO PLANNING COMMISSION Commissioner Luna inquired whether a project eIigineering report Was doIle in conjunc:tioil with aIi EIR that Was prepared in 1979 for the sale of a 1500 acre subdivision as part of the Luna Valley Ranches (of which tiiia property is a part ) . Steve DeCamp responded that it was his understanding that no project engineering report was prepared. with regard to septic suitability, percolation tests are submitted for each proposed lot and noted the applicant has provided percolation tests and engineering design for adequate septic: systems . Commissioner Luna stated tile EIR notes that there are originally 243 'Lots and there could be a maximum or 494 lots possible . He asked how this proposed map would fit in with that maximum number. Mr. DeCam_u explained that the proposed lots would be a part of the possible 494 lots which could be created but added that, to date; only 33 lots ( in addition to the 243 dots) have been created. Commissioner Luna further stated it was his uIiderstanding that one of the purposes of the project geologv report was to assure that when the roads were constructed they would go in with the appsopriata mitigation measures ( to prevent Slope fcil'1llr'e, poteiltlal 'LaI1dS'L1deS , dralilage; etc . ) . Since the report could not be taken into coilsideratioii when the roads were put in, he asked if Santa Alia Road is a City accepted road. Mr. DeCamp affirmed it is . in referencing the EIR wherein the applicant intended to dedicate the Graves Creek reservations to Atascadero if incorporated. Commissioner Luna asked if this was done . Mr. Decamp responded this has not been done . Commissioner Luna questioned whether it is standard practice that mitigation measures not be followed. Mr. DeCamp explained that the Department of Real Estate is the agency which required preparation of the EIR for sale of the existing lots; and added that the DRE does not have the leual authority to impose mitigation measures or follow-up on such. Atascadero, as the lead agency; can impose mitigation measures as conditions of project approval . Commissioner Luna then asked if there is a monitoring procedure that is required of the Cite when it imposes mitigation measures . Mr. DeCamp replied that there has been one in existence for two vears . Tom Vaughan, applicant, spoke in support of the project and indicated his concurrence with the conditions of approval . MINUTES EXCERPT - 2/6/90 PAGE THREE PLANNING COMMISSION Commissioner Brasher expressed concern with the septic systems and their relationship to one another and the lot lilies . Mr. Davidson explained that the shaded areas uQ the map contain adequate area for the residences and septic systems . The shaded areas are between 8, 000 and 10; 000 square feet. MOTION: Ev Commissioner Waage and seconded by Commissioner LoueZ-Balbontin to approve Tentative parcel Map 24-89 based on the Findings and Conditions of Approval contained in the staff report . Commissioner Luna stated he could not support the motion based primarily on the lack of responsibility on someone' s part for how this overall project was supposed to Have evolved concerning mitigation measures . He added that there should be responsibility on both the applicant and City' s part to insure that the public is protected by insisting that those mitigation measures be followed through. Commissioner Waacp concurred with Commissioner Luna' s statements concerning the mitigation measures; but added that this proposal is better than tiie original 4-1ot recruest, and this applicant should not be penalized because the DRE cannot follow-up on suggested witigation measures . Commissioner Brasher stated she will support this motion for a 3-wav lot split; and expressed Tier hope that the problems identified in the EIR conducted by the DRE will be addressed throuU_h mitigation measures in a cumulative manner to prevent future irreversible envirionmentai damage . Discussion followed. In response to question from Commissioner Highland, Mr. Decamp clarified that the City, as a lead agency, would have the right to establish mitigation measures for future subdivisions when an EIR is required. Discussion continued relative to the public report which is available to a purchaser of a property in the Long Valley Ranches area which will reference the environmental document prepared the Department of Real Estate. The motion carried 6 : 1 with Commissioner Luna dissenting. 2 . CONDITIONAL USE PERMIT 1 89 : Application filed by D- ish Care Center (Tech Four Construction) to all for the construction of a 34 bed addition to an exl ' ing skilled nursing facility. Subject site is ocated at 10805 E1 Camino Real . REPORT TO CITY COUNCIL Meeting Date: 2/27/90 CITY OF ATASCADERO Agenda Item: A-8 Through: Ray Windsor, City Manager From: Gary R. Sims, Senior Engineer Subject: San Andres Avenue Storm Drain Project - Notice of Completion Recommendation: 1. Approve proposed Council Resolution 23-90 which will authorize the submission of the Notice of Completion for recordation. The Notice of Completion must be recorded within 10 days of this authorization. The date of the City Council Resolution will be the beginning of a 30 day period during which the subcontractors and material suppliers for this project may make a claim against the Contractor. Background: The San Andres Avenue 1989 Storm Drain Improvements project was awarded by the City Council on September 12, 1989. The bid cost • was $94,248.50. Shortly after the award a change of internal procedure was implemented requiring an environmental determination for City projects. A tree protection plan was completed and on October 9, 1989 a negative declaration was issued. Because of subsequent perceived difficulties in implementing the Tree Protection Plan this project was again brought before the Council with a request for an exemption from certain aspects of the Tree Protection Plan. The City Council addressed the request on November 14, 1989 and the project was allowed to proceed. The project proceeded in a timely manner and ninety percent of the actual project cost was paid to the Contractor on February 6, 1990. Discussion: The actual project cost based on the measurement of installed quantities is $89,491.80. The cost ofextrawork completed according to work directives issued by the City is $8,095.65. The total cost of work to date by the contractor is $97,587.45. Baker Construction has submitted three claims for additional compensation for "loss of efficiency" due to encountering buried • debris and unmarked underground utility services. These claims total $4,730.26. We have rejected these additional claims for compensation as unjustified. It remains to be seen whether or not the Contractor pursues these claims further. Pacific Geoscience has billed the City for $1,612.80 for compaction testing associated with the project. In addition there were minor arborist fees associated with the tree protection plana The proposed City Council action will serve as acceptance of the construction. Once the Notice of Completion is recorded the date of acceptance will mark the beginning of a 30 day deadline for subcontractors and suppliers to file claims and liens against the Contractor related to this project. Options: 1. Approve the notice of completion, proposed Council Resolution 23-90. 3. Don't approve the notice of completion and direct Staff to complete additional actions. Fiscal Impact: Option 1. The Contractor has been paid $87,828.71. The • City currently retains $9,758.75. The amount retained will be released following 30 days from the approval of the notice of completion. Option 2. Unknown Enclosures: 1. Proposed Council Resolution 23-90 2. Pay Estimate 3. Claims 4. City response to claims 5. Miscellaneous applicable ordinances RESOLUTION NO. 23-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING THE NOTICE OF COMPLETION FOR THE SAN ANDRES STORM DRAIN IMPROVEMENTS PROJECT NO. 89-5 WHEREAS, the Contractor has completed the project within the time constraints specified in the contract documents; and WHEREAS, the construction is complete as specified in the contract documents; and WHEREAS, the City continues to retain 10% of the fees owed to the Contractor according to the contract documents; and WHEREAS, Section 3093 of the California Civil Code requires that the notice of completion shall be recorded in the office of the county recorder within 10 days after project completion; and WHEREAS, Section 3086 of the California Civil Code deems that completion of the work of improvement shall be the date of acceptance by the public agency. NOW, THEREFORE, BE IT RESOLVED THAT: For the purposes of filing a notice of completion in the office of the county recorder the work specified by the contract documents for contract number 89-5, "Construction of the San Andres Avenue Storm Drain Project, " is hereby deemed accepted and complete. On motion by Councilperson seconded by Councilperson , the foregoing resolution is passed on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE DAYKA, City Clerk ROLLIN DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER R. MONTANDON HENRY ENGEN City Attorney Director of Community Development «, t 1 G ! fi ! tr112+C� CnItC•r�V LA 0 In r CF-Ori i I i sift C:.�,r r:ly;M1D'NJAN C N i 1 41 C V, 1 m w r T,1r @ V}CV w CL w N 1 ! i L ��. 1 ne T cotnr_O T m ! Q O Q T N R?t a r`T I` 1 tL i%Q It z� v c•w O Twa',w0i 6 O i =W 16 Aft w w 4. UI Iii 1 Z,-O 1 C� 1 Z+! W i w f O I • ! L 14 U m 4 I 1 V1 ! ! W ! ! i • I 1• ! • 1 S 1 1 • 1 �• I 1 ! la•`. 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U1 O X 0 } a Co L 0 c OT, yW as a 0 W E O Z 0 0 4 �7 0. p 4 OC L 0 ~ : OC I : h P. 0 0 m a'D m 41 > 4) 7 00 > c ❑ C 0 0 0 : W » L L 40 Z 0 L a OC TL Y 0 p w -ij r 7 0 C 2 T v 16, 0 U I- 7 0 U 0 0 U \ 4 2 0 11 T v .. 714& = 71 U 2 L 'o ❑ > T L 0x al ee al 21 o� 7 o o ° s L� a i@ i 0 0 ++ L L 0 > e ❑ 2— ; -• L d 0 0 0 +• 0 'i Z 0 L 0 T� .:i .0 9' O 0.v 0 n y J 'Or' T j: 7 a 0 7 of i ^ 0 WORK DIRECTIVE CHANGE (Instructions on reverse side) N,o. PROJECT:SAPj ANLw-ss -AVS us DATE OE ISSUiuvCE: Zq AMVg9 Grog i DRAMA) fP'D-GT OWNER: CITY e F A-rAG�•G4M� (Name. Address) CONTRACTOR: Q . BAKrk IIVG, OWNER's Project No. - a'— ENGINEER: CONTRACT FOR ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: REPLAC-6- AS MEG. ,;-Aar A" SE-1va24ERVtC,= Fop tGrFfsC�iGbL. nAl NTi; 4NGL $U1 LD Jl wrm 41' PVC Purpose of Work Directive Change: )cl�Tl;llr S 1//CF ie, CDN�!..IGTINCt Li1T -3/"rSTOR�"f �AA/N , Attachments: (list documents supporting change) If a claim is made that the above change(s)have affected Contract Price or Contract Tune. any claim for a Change Order based the: will involve one of the following methods of determining the effect of the change(s). Method of determining change in Method of determining change in Contract Price: Contract Tune: Q 'I"tme and Q Contractor's records 9 Unit prices 30-P-EA Wr Q Engineer's records Q Cost plus fixed feet 81> CMnAAGj Q Other Q Other Estimated increase(decease) in Contract Estimated increase(decrease)in Contract Price:S--- Time: of vs. If the change If the change involves an increase.the esti- involves an increase.the estimated time is mated amount is not to be exceeded with- not to be•exc---ded without further autho- oat fwther audwriatioa. rization. RECOMMENDE AUTHORIZED: by by 77� FJCX.vta.1916&F(1963 EdioowINOW" 'AM Camas O�Caw WA OWNS"w at A= a Gwn Cas.oms of a..ea FORK DIRECTIVE CE ALNGE (Instructions on reverse side) INC. PR0IECT.,Jars,Wt'es 41je. ,%t jr DATE OF ISSUANCE: 1�.kLl, 30, l 981 owNER Draii7 Pw961-akei* . � Of rD tName Address) CONTRACTOR R, C kbt OWNER's Project No. ENGINEER CONTRACT FOR ENGINEER's Project No. You are directed to proceed promptly with the following change(s): r).=riptioa: -lye pv e6h;c.- L K4 a w&tk 4.D &-yn pj y �� �r c� p an �5 � .,r� �� 9 dve Change: wee pro-Aec4"07 P/a n Attachments: (list documents supporting change) If a claim is made that the above changes)have affrted Contract Price or Contract Time. any claim for a Change Order based thereon w11I involve out of:he following methods of determining the affect of the chaage(s). Method of determining change in Method of determining change in Contract Price: Contract Time: Time and materials Q Contractor's records ❑ Unit prices $(Engineer's records Cl Cost plus fixed fee ❑ Other ❑ Other Estimated increase(decrease)in Contract Estimated increase(decrease)in Contract Price:S Tune: days. If the change If the change involves an increase.the esti- involves an increase.the estimated time is stated ac=ct is not to be exceeded with- not to be exceeded without further autho- out further attthQVb= = rizatioa. RECOM,MYDED: AU'THORMED: by ,7. ; 5 by FJCZC%40. 19104.F(IM Ucow il+erw s"uw Ems'iaiw CGM a OGMMWW QN w a OMWIW e.MV Asaar Gw�G+MUMM a AMW=6 WORK DIRECTIVE CHANGE (Instructions on reverse side) No. ' J G PROJECT: 64n Ares arm DATE OF ISSUANCE: A100, 30, IRg7 Dr2a,'e) Prd'ecf OWNER: C`.},� o f �Scac(er� (Nam. Address) CONTRACTOR. {ke .J.�C. OWNER's Project No. ENGINEER CONTRACT FOR: ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: 1� 11 Cement-51urr backll _ y Purpose of work Directive Change: Pro- 51�a�r pip e Attachments: (list documents supporting change) If a claim is made that the above change(s)have affected Contract Price or Contract Time. . any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Method of determining change in Contract Price: Contract Time: ❑ Time and materials ❑ Contractor's records ❑ Unit prices ❑ Engineer's rds ❑ Cast plus feed Other Cru cf 5a�o�o Other &a Estimated increase(decrease)in Contract Estimated increase(decrease)in Contract Pte: S Time: days. If the change If the change involves an increase.the esti- involves an increase.the estimated time is mated amount is not to be exceeded with- not to be exceeded without further autho. out further authorization. ritation. RECOMMENDED: AUTHORIZED: by ,64- z 17a4.4 by FJCDC�o. 19104-F(IM Ediciooi P+eaata� ort"Fps'lart comet Doet�cimi m aaa aranaa s.tan Aenoo@m Gmwa cionNnn ai Ammo. wORK DIRECTIVE CHAINGE (Instructions on reverse side) No. PR0IECT:SQ�, A AUSA..M16 DATE OF ISSUANCE: /VOv'. ICSTbEm -4>$ZA,JAJ QCT OWNS crry0 it A•rAg:-arE90 (Name. Address) CONTRACTOR: OwNER's Project No. R•8aKSP- INC. ENGINEER: CONTRACT FOR: ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: XePL4Ct:' Ab NEAR-J AUL 5W� F'+'t'�i�.�,S' A&20 �Ip► i!N � � t� .�;AC� $v;Lar�,Y� WtZ71 �``° A65 QWZR- �►p�c Purpase of work Directive Jv el;rsF —=-S Z 66AV ICc Attachments: (list documents supporting change) If a claim is made that the above change(s)have affected Contract Price or Contract Tune* any claim fora Change Order based thereon will involve one of the following methods of determining the effect of the chau0s). Method of determining change in Method of determining change in Contract Price: Contract Time: Q Time and materials Q Contractors retards Q Unit prices Q Engineer's records Q Cost plus fixed fen Q OoPr Other pr Estimated increase(decrease)in Contract E3dmated increase(decrease)in Contract Time: Sys. If the change Price:S If the change involves act iacr+ease.the esti- involves as increase.the estimated bate is mated auxx mt is not to be exceeded with- tmt to be exceeded without further MOO- out further authorization. mon. RECO DED: AUTHORM11- by by VCZC 14o. 191G.& (IM SdWw# Pwsr r s.uw hems-:ora Curse 00=WM s QWN� Gres C.+ireaeee�a.� WORK DLRECTIYE CHANGE (Imtructicas on reverse side) No. S PROJECT:SaA:, 4>;oeeS -.5-Mm Z?pmW DATE OF ISSUALNCE: Z 'Sp t',��. OWNER:C,Tr- CF 1474ECaD6Zo (Name, Com P'141»A A)&',ul Address) CONTRACTOR: OWNER's Project No. CONTRACT FOR: ENGWEER's ?roject No. You are directed to procNd proatpdy with the following change(s): Descripcioa: (.Lr Lr op IBw PJG P. Fin Ttl� oaTcE�' oar T 1$" r1: , PPE 47' 77V6 WIGIJ AegvoL 04,,U�1414 a SGULD C -sXF CUTFAa Purpose of Work Directive Change: -To aew—T yew-of;z fizz TrtLc G2&cr, 9A;o Ppb=r ow? Attachments:(list dociuments supporting change) Lf a cWm is made that the above change(s)have affected Contract?rice or Cbon=Tune. 0 any cWm fora Change Order based thereon will involve oat of the following:methods of determining the effect of the changers). Method of dere change in Method of determining change. ;n Contract Contract Time: C eme mad mac rials sX.�/c;� 8r� rix CT Coacrsc:oc's records u°i'p � C:. 1.+: C "re's rr�rds 1 G Cost plus axed fee IE0 AL At717{T.a1.A T•rlllc _ Q Other Eszimat+e ( 1 ia'.pa VVop Suicuted increase(decrease)in Contract ?rices 3 T'uae: Sys. If the change If the change iavolves sa inc. .the esti- im►olves ma izi =w.the estimated time is canted aaxxmc is noc to be enc_-eded with- acc to be--=zedat widxmt ftwtba autho- out fulthet=ttrori=d= a. RECO DED: AUTc:0 1 � ' by t :SCC va ;9{W{-F t I9�'3 =slidaui _-' 'f"w"at ream= :mare C. wm Dommmm c s misw a a►ran wa�C.Mww ciora s n as wawa v wORK OtRECTIV'E CHANGE (Instructions on reverse side) No. PROJECT: ew Ajolze6 sroz� ?�2anv DATE OF ISSUAu'YCc: "�etc R- OWNER: , of Aip4sc4oEpzo (Name, 4.S,0e -PqLrnA AvWU6 Address) CONTRACTOR: OWNER's Project No. $= �- t3aK6+z Cat-'6MG7/10 &-1GINEM JAZ , CONTRACT FOR: ENGiNEER's Project No. You are directed to proceed prompdy with the following chaage(s): Description: C44AJGE Tyt-L-r & TZ C-4 rl!W 645i4..� ' 70 Type (4!*'0) 'v roc .3D 5.4A)o^) AlAv4re67'TE 4(/6, .dAaA) /rl� CM5 a>�uuE. Chu Purpose of Work Directive Change: Attachments: (list documents supporting change) . If a claim is made that the above change(s)have affected Coatract Price or Coaaact Time. any claim for a Change Order based thereon will involve oat of the following;methods of determining the effect of the change(s). Method of determining change in lriethod of determining change in Contract Price: - Contract Time: Q Time and materials Q Contractor's records C Unit pcic.-s Q Engineer's records Ct Cast plus axed fes a Other &.)-* ADO c-fico L iZ Other;o Apps nnN4!_ r3p6T_ E sdmated inaease(decrease)in Coa=t Estimated' (der:rase)in Contract Price-S • =3== Time: .days. If the change if the change involves an increase.the esti- involves an increase.the estimated time is mated amount is not to be exc=ded with- not to be exceed without further autho- out further atuhocizatioa. moa RF.0YD R A by b7' FJC=C*40. I9I0-3-F(IM sawn, ?+ww e►is E+i.�s':ate Cans Ooa�.ns�' art�wraw a►�nr.a��s Cis C+irraaon a.awed l w WORK D{RECTIVE CHANGE -7 (Instructions on reverse side) No. PROJECT: 64A. AtiDR& 5`jb0&n DOZATE OF[SSUANCE: .�C / �•�-- �a,J�j, � OwvE2 Grrr ,,F 4-raSC4 06ZO CONTR.ACt0iL: OW�FER's Project Yo. ,e. a4A-S4 cam E;VG;YEER C0NT7AC7 FO EL: E:NGLVEE R's ?rojec:So- You are directed to proceed prow9dy with the Wowing:hange(s): Dac:iotioa:4k�SW ¢N t -rr QFQ1'C&F 4017,E Q,&Z;= �"I'i/C sE�.''+6� SE2ViC� • ' ft pose of Work Directive Change: 5 Ze4/ti1 E,tfSTC SE�v�C rs C�"UC?%•t c carTl4 Attachments:(list docrtateacs suaQorting change) Lf z calms made am:he above;.hangers)have ad'e::ed Coca=:Priv:or Cont=t Tune. any:airs The a Change Order based thereaa ma:=valve one at the;allowing=ethods at de.c-.M aiag the 'ee:of the chaagetsl. Method of determining chaasr'is -Method of deeraiaing change is Concrac:.a*:c Concrac:T'uae: "u a and=aerials = Caatru :oc s ; corrds ' I a�ic p rIei Le C C Cost plus ivied;G z Ocher � ,4QorTio ,•�.a�. Ti,n�"_ C Ocher zsamared��j is Caatrtct Estimated' (decreese)in Chute: days. it the change *sdutaced ane is ifthv i:rroives �esse-the It ttte:haege=valves sa increase.the a=' an i amced anwow is notot}to be exceeded with- noc to be: ot ixc-eded wichvr1w sutho- out ti�U%ftQ brr icCL- ISI � .7TC7 DED: fir l- br ���r�r e►.nr= :�Cs�s^�.�s C s•��w nwrw�s t;�»Gweaoas s w�n� • w0RK oMECTIYE CHANGE (Instructions oa reverse side) No. PROJECT: .Sb v 4t`DRISS SZelr?a DATE OF ISSUANCE: A-/5-7 OWNER: y n ATAS�D€�D (Name. ods" Address) &6.00 44bz1ri4 Rvgo yue �-- CO NTZ.�CTO R: O WNER's P-oje=No. ENGINEE.Ru CON'T'RACT FOR: F-MGM R's ?-olec: vo, You am dimcmd,to pco=ed pcocnotly with the following chadge(s): Desc:ipt�a:�a l2 3 Cab,C, yA�evs a� fv s•+c� C6M��U/. ��tc1e/ 5� 7-.V.C. acrrmqYG ftrr.oae of Wock Oirecdve Chad$=: TS aZouT e.,wj=w-04)0 -AJ R-406 . X=hmencs: (list docuumm supporting change) • It a c!aim is made that the above changers)have acFec:ed Contra:r"Ma or Cow=.*Tune. any--Wm"Or S Chmdge Order based theteou wa in volvc ode a the following aw-hods of determining the:stet:o(dw chaaVs)e Aethcd of determining clang=in Method of detenmaing:!mare in Contac:.?ic.« Couu=7=4- T-une mad materials r Coatrzc:oc's ;xsnis Unit rices s records C Cost iz iced,= g.Other C Ocher r'_sciara i )in Coatmct F.s:urmsed is (de=zas F•i ___ Tums: if the:nage arvaim an iaC 92se.the c9d- involves sa int.- -the mated bate is ataced amount is Mot to be=coed-ands- doc co be:aced wlthwa further=rho► oat iutther suffiociativa. ��' .R= DEC.. AU—M0R=M A WORK DiREC VE CHANGE (Instructions on reverse side) No. PROJECT:`,��i��t1� � DATE OF ISSUANCE: OWNER: c,Ty o 4.4r4SGgA6,@7 (Nam, Address) CONTRACTOR: OWNER's Project No. �$ OL 47* i� fir'T. Ce /'�E�vGiNEE.Q: CONTRACT FOR:e4"; A UPWESS ENGINEER's Project No. slb�Ly2A��.1 You are directed to proceed prompdy with the following c.'tange(s): Description: Aj»�7"�IJiV.9� C'oa rA,407- 774.749 . � 1N CAWAS� Zy �y5> Purpose of wo Directive Change: Attachments: (list documents supporting change) If a c:aim is wade that the above changes)have injected Contract Price or Contract Tune. any claim for a Change Order based thereon wtiH involve one of the following methods of determining the effect of the change(s). Method of determining change in Method of determining change in Contract Price: Contract rune: Cl Tune and materials ' / C Contractor's records C Unit JV ,/ CI Engineer's records C Cast plus fixed fee �t Z Other 4DD o? d%4d 70 C other Ca#J-r'ACT' 77-OfE Estimated• (de=ease)is Coauzc: Esq inC=me(decrease)in Contract Primo:s -- ruin _ --7' days. If the change If the change involves an increase.the esti- involves an in=ase.the estimated time is mated aaxww is not to be exceeded with- not to be exceed without further autho. out further authorization. ri=doa. RECO YDED: ARiD: by by S� Omar "w s 'Jam c a Q��' =r arae e.ME Aa C&Wu C.+awoen or wwoi. w. R. BAKER, INC. a PIPE LINE AND UTILITY CONSTRUCTION • POST OFFICE BOX 419 PHONE: 805/489-8711 ARROYO GRANDE, CALIFORNIA 93420 CONTRACTOR'S LICENSE NO.372781 December 4, 1989 City of Atascadero Department of Public Works P. O. Box 747 Atascadero, CA 93423 ATTN: Gary Simms, Senior Engineer RE: San Andres Storm Drain Project 89-5 SUBJ: Claim for Reimbursement. of Cost Gentlemen: On November 28, 1989 the crew working on the above referenced project was delayed (4) four hours. Delay was caused by interference of a sewer and water service; a sewer main and a gas main which prevented Baker's crew from laying the storm drain to line and grade pre-established by the City's survey party. As a result of the standby time, and interference from the buried objects, a loss of efficiency occurred in Baker's production schedule causing additional costs. Please issue a change order to the contract providing for these additional costs in the amount of $2, 104. 32. Sincerely yours, R. BAKER, INC. 144,ax- � _ Mike Budd Project ?tanager enclosure cc: Lane Stuart, Attorney at Law NGB:tlz 2016A. doc F R. Baker, Inc. C PIPELINE AND UTILITY CONSTUCTION POST OFFICE BOX 419 ARROYO GRANDE, CALIFORNIA 93420 CONTRAWOR'S LICENSE NO.arrsl . (805)489-8711 BILL TO ADDRESS DATES WORKED CITY JOB LOCATIO�� L� ATTENTION OF JOB NO. :kf� DESCRIPTION OF JOB C<ACATION NOURS RATE TOTAL REG. PREM. REG PRO EARNINGS f7o 0? lo Ls'- atl ILr J MATERIALS AND OUTSIDE RENTALS LABOR P EQUIPMENT RENTALS EOUIPMENT MRS. RATE AMOUNT EOUIPTMENT RENTAL MATERIAL SU!TOTAL SUB TOTAL HANDLING CMAME AT 10% OVER/wAD AT 15% ' GRAIiD TGTAL MATERIAL OWNERS REPRESENTATIVE R. BAKER, INC. PIPE LINE AND UTILITY CONSTRUCTION POST OFFICE BOX 419 PHONE: 8051489-8711 ARROYO GRANDE, CALIFORNIA 93420 CONTRACTOR'S LICENSE NO.37=1 December 4, 1989 City of Atascadero Deparment of Public Works P. O. Box 747 Atascadero, CA 93423 ATTN: Gary Simms, Senior Engineer RE: San Andres Storm Drain Project 89-5 SUBJ: Claim for Reimbursement of Cost Gentlemen: On November 30, 1989 the crew Morking on the above referenced project Mas delayed ti 1/2) one and one-half hours. This delay vas caused by . the City having to coordinate where to relocate the sever lateral with the school maintenance superintendent. As a result of the standby time, Mhile Malting for further instructions from the City, a loss of efficiency occurred in Baker's production schedule causing additional costs. Please issue a change order to the contract providing for these additional costs in the amount of $521. 62. Sincerely yours, R. BAKER, INC. ?like Budd enclosure cc: Lane Stuart, Attorney at Lar MGB:t12 2106B.doc • �'. R . Baker, I nc. PIPELINE AND UTILITY CONSTUCTION POST OFFICE BOX 419 ARROYO GRANDE, CALIFORNIA 93420 CONTRACTOR'S LICENSE NO.3TYT5I (805)489-8711 BILL TO A G ' ADDRESS DATES WORKED CITY JOB LOCATION ATTENTION OF JOB NO. DESCRIPTION OF JOB �y �( 7 1 r HOURS v RATE EAl10WRL CJ►�CATION REO. PREM. REO. PREM. GS 74, �: 5 9& 94 ' '� .5� 99 MATERIALS AM OUTSIDE RENTALS LABOR EQUIPMENT RENTALS EQUIPMENT NRS. RATE AMOUNT 7 00 i BCU r� c� EOUIPTMENT RENTAL 5o MATERIAL SUB TOTAL SUB TOTAL (� NANDUNO CmAROE AT 10'X. ONEIBiEAD AT 15% MATERIAL ONMERS REPRESENTATIVE 4 - 5 R. BAKER, INC. PIPE LINE AND UTILITY CONSTRUCTION • POST OFFICE BOX 419 PHONE: 805/489-8711 ARROYO GRANDE, CALIFORNIA 93420 CONTRACTOR'S LICENSE NO.3177 December 4, 1989 City of Atascadero Department of Public Works P. O. Box 747 Atascadero, CA 93423 ATTN: Gary Simms, Senior Engineer RE: San Andres Storm Drain Project 89-5 SUBJ: Claim for Reimbursement of Cost Gentlemen: On November 27, 1989 the crew working on the above referenced project was delayed (4) four hours. This delay was caused by the City's • survey work not being complete; Baker's crew having to remove a buried automobile and other metal salvage that interfered with the trenching; the interference of a sewer and water service that prevented Baker's crew from laying the storm drain to line and grade pre-established by the City survey party. As a result of the standby time, and interference from the buried objects, a loss of efficiency occurred in Baker's production schedule causing additional costs. . Please issue a change order to the contract providing for these additioanl costs in the amount of $2, 104. 32. Sincerely yours, R. BAKER, INC. /,, j4�a,-6,-P� Mike Budd Project Manager enclosure cc: Lane Stuart, Attorney at Law MGB:tlz 2016. doc R. Baker, Inc.,-- PIPELINE AND UTILITY CONSTUCTION POST OFFICE BOX 419 1 ARROYO GRANDE, CALIFORNIA 93420 • CONTRACTOR'S LICENSE NO.372751 (805)489-8711 BILL TO iS ADDRESS DATES WORKED CITY JOB LOCATIO ATTENTION OF JOB NO. � DESCRIPTION OF JOB -- HOURS RATE TOTAL CLASSIFICATION EARNINGS Fm PREM. REO. PREM. 4 nLf- TV '4 , 1 ,- 54q ?-'2 1 9A MATERIALS Amo OUTSIOE RENTALS LABOR C�,[? EQUIPMENT RENTALS �-� EQUIPMENT NRS. RATE AMOUNT 00^� oL EOUIPTMENT RENTAL MATERIAL SUB TOTAL SUB TOTAL n OVERMEAO AT 16% MAMDLJMO CHARM AT CHARM GMND TOTAL MATERIAL owmERS REPRESENTATIVE ADMINISTRATION BUILDING 8500 PALMA AVENUE taseadeia POLICE DEPARTMENT ATASCADERO, CALIFORNIA 83422 PHONE: 1805) 466.8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE ATASCADERO,CALIFORNIA 93422 CITY COUNCIL PHONE: 1605) 466.8600 CITY CLERK CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT - COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO,CALIFORNIA 93422 PARKS AND RECREATION.DEPARTMENT PHONE: 1805) 466.2141 R. Baker Construction Co. , Inc. January 31, 1990 P.O. Box 419, Arroyo Grande, CA 93420 Subject: San Andres Avenue Storm Drain Project - Claims Dear Mr. Budd, We have received three claims from your firm demanding reimbursement of expenses for "loss of efficiency" on the San • Andres Storm Drain Project. According to Section 7. of the General Provisions of the "Specifications for the Construction of the San Andres Avenue Storm Drain Project" the City Engineer is required to make a determination of the validity of claims. Thus, acting on behalf of the City Engineer, I have endeavored to do so herein. Claim Dated December 4, 1989 "Claim For Reimbursement of Cost. " The Contractor claims that a four hour delay resulted on November 27th from the following: 1 . Delay was caused by the City's survey work not being complete, 2. Baker's crew having to remove a buried automobile and other metal salvage that interfered with the trenching, 3. The interference of a sewer and water service that prevented Baker's crew from laying the storm drain to line and grade pre-established by the City survey party. 4. As a result of the standby time, and interference from the buried objects, a loss of efficiency occurred in • Baker's production schedule causing additional costs . According to the inspection records the Contractor's foreman initially planned to start work at the storm drain manhole location located at the intersection of San Andres Avenue, Navarette, and San Marcos. This intent was evident at the start of work on November 27th and the survey crew responded according to the foreman's direction. After extensive discussion with the work crew, the foreman Tater redirected construction to the outfall location. The survey crew, responding to the foreman's directions, then staked the outfall . The outfall location was staked for vertical and horizontal alignment at approximately 8:00 am, November 27, 1989. Clearing and grubbing started at the outfall November 27, 1989 and was completed November 28, 1989. Finished trench grading and placement of the storm pipe didn' t begin until November 28, 1989. This appears to be excellent response by the City' s inspection crew to changes in scheduling by the foreman. The Contractor did excavate various automobile parts from the outfall location. Excavation is unclassified for this project and payment for excavation is included with the individual items of work as delineated in the Measurement and Payment section of the Specifications. The sewer and water lateral weren' t encountered until the 28th of November. It doesn't appear that anything happened on November 27th that could be considered unique for "underground" storm drain construction. The City provided a survey crew and the crew responded directly to the directions of the foreman on the job. Although changing his schedule early in the day, the foreman and his crew were actively engaged in the construction of the work throughout the day. Thus, I recommend that any reimbursement for this claim be denied. • Claim Dated December 4, 1989 "Claim For Reimbursement of Cost. " The Contractor claims that a four hour delay resulted on November 28th from the following: 1 . Delay was caused by interference of a sewer and water service, 2. and sewer main and gas main. 3. These underground utilities "prevented Baker's crew from laying the storm drain to line and grade pre- established by the City's survey party. As a result of the standby time, and interference from the buried objects, a loss of efficiency occurred in Baker's production schedule causing additional costs. " The construction crew did expose an . unmarked sewer service, a water service, and a gas service extending from the High School maintenance building. All of these services were located within one length of pipe. At 2:OO p.m. , within minutes of exposing the lateral , the City' s Senior Engineer, Gary Sims, and the Wastewater Division superintendent, Jim Martin, were at the site. The lateral grade was surveyed and the construction foreman was verbally instructed to do the following. 1 . Install a new sewer service to extend across the top of the storm sewer, 2. That the Contractor would be reimbursed according to the unit bid price for sewer lateral replacement, 3. That the Engineer would issue a work directive to that effect. The water service was exposed and later merely stretched over the r . storm drain. The gas service was encountered and relocated by the Gas Company shortly after excavation. From the inspection record, it appears that the greatest extent of delay that could feasibly be possible on the 28th, if the sewer lateral was encountered and everyone immediately quit work, was from approximately 1 :30 to 3:30, or a total of two hours. But, there appears to be evidence that the construction crew wasn' t idled for even two hours and certainly not for the four hours claimed. One has to question the validity of the details in this claim. Was the crew' s teamster really inactive for four whole hours? Were there eight men standing around waiting for direction for four hours? In fact, we have a photograph for that afternoon showing the exposed services, and, there are 4 men working on the backfilling and Jetting of the 36" diameter storm drain. We have two photos of the foreman, three laborers, the backhoe and presumably the backhoe operator engaged in laying the 18" diameter culvert under the school driveway, across the top of the 36" storm drain, during the late afternnoon of the 28th of November. � It doesn't appear that anyone was standing around in a � state of reduced efficiency. " The photos reveal that the crew and the foreman were very busy constructing the project . The storm drain alignment was raised approximately 0.5 feet because of the sewer main elevation in the center of the street. Potholing for this sewer main was part of the contract and is referenced in the order of work as well as measurement and payment. Quoting from the Special Provisions of the Specifications, Order of Work, "The Contractor shall pothole sewer main crossings, sewer services and the Chevron pipelines at the drop inlet location on Navarette. This work shall be completed to the satisfaction of the Engineer prior to the installation of any materials or excavation for the construction of the project . The purpose of this work is to verify the proposed storm drain grades and drop inlet locations. The specifications were written around the requirement to adjust the storm drain grade according to the results of the potholing. Adjustment of the grade was not a "surprise" and the Contractor was well aware that an adjustment was planned long before the 28th. The City has reimbursed the Contractor for replacing the sewer service through a work directive as promised to the Foreman on November 28th. The City paid $3,480 for the lateral replacement and an additional $400 in plumbing cost. In view of this evidence I am rejecting the claim for the 28th of November. The claim for November 28th is ridiculously overstated in both tez•ass of time lost and personnel idled. It is our contention that the contractor has been well compensated for dealing with any alleged losses in efficiency related to the sewer lateral and other services. i iClaim Dated December 4, 1989 "Claim For Reimbursement of Cost. " The Contractor claims that a 1-1/2 hour delay, on November 30, resulted from the following: 1 . A delay "was caused by the City having to coordinate where to relocate the sewer lateral with the school maintenance superintendent . " The City had two inspection employees on site on November 30th, 1989 with the sole task of inspecting the work for the City as well as assisting the Contractor. Any inconvenience incurred by the Contractor was part of the normal progression of construction and thus the reimbursement for the alleged inconvenience was included in the additional payment made for installing the sewer lateral . This item of work was not a limiting activity and the Contractor was not constrained from working on other items of work. The City has already paid the Contractor $3480 for the lateral replacement plus an additional $400 in plumbing cost. Thus, I am rejecting the claim for reimbursement for November 30, 1989. Sincerely, Ga . Sims Senior Engineer cc Arther R. Montandon, City Attorney Henry Engen, Director of Community Development § 3086. Completion; equivalents "Completion" means, in the case of any work of improvement other than a public work, actual completion of the work of improve- ment. Any of the following shall be deemed equivalent to a comple- tion: (a) The occupation or use of a work of improvement by the owner, or his agent, accompanied by cessation of labor thereon. (b) The acceptance by the owner, or his agent, of the work of improvement. (c) After the commencement of a work of improvement, a cessa- tion of labor thereon for a continuous period of 60 days, or a cessa- tion of labor thereon for a continuous period of 30 days or more if the owner files for record a notice of cessation. If the work of improvement is subject to acceptance by any pub- lic entity, the completion of such work of improvement shall be deemed to be the date of such acceptance; Provided, however, that, except as to contracts awarded under the State Contract Act, Chapter 3 (commencing with Section 14250), Part 5, Division 3, Title 2 of the Government Code, a cessation of labor on any public work for a con. tinuous period of 30 days shall be a completion thereof. (Added by Stats.1969, c. 1362,p.2753, § 2,operative Jan. 1, 1971.) Historical Note Repeal and disposition of subject matter C.C.P. former § 1191, enacted in 187:.', of former sections of same number, see amended by Stats-1885, C. 152, V. 145, § 3; Historical Mote preceding section 3082. Stats1887. c. 137. p. 155. 14; Stats1913, Derivation: C.C.P. former section 1187, c. 189' p. 3M § 1; Stats.1949, c. 1547, P. enacted in 18"21 . amended by Code Am. _778, § 1. ISM,-74 c. 586. p. 410. § Stats.1887, c. C.C.P. former section 11931. added by 137. P.154, § 3: State.1897,c.141,P.202; Stats-1951- c. 1376. p. 3290. § °., amended "tuts-1911. c 68L p. 1316. § 4; Stats. by Stats.1955,c. 1611. P.V49, § 1; Stats. 1919. c. 146. p. 190. § 1: Stats-19M. c. 1959, c. 1549, p. 3876. § 1; Stats-1963, G �70• P• 1925. § 1; Stats.1939, c. 1068, p. 1081.p.2541.§L M94. 4 1: Stats.1947, c. 28. P. 510, § 1: For text of C.C.P. former section 1193.- -'tats.1949, c. 63.^. p. 1129. § 1. 1, prior to repeal. see Historical Vote un- der 13084. Cross References ampletiou as commencement of running of limitation time, see § " notice of vessation,see § 3092. Notice of completion,contents.see§23093. Work of improvement defined.see§ 3106. Notes of Decisions § 3093. Notice of completion; contents "Notice of completion" means a written notice, signed and veri- fied by the owner or his agent,containing all of the following: (a) The date of completion (other than a cessation of labor). The recital of an erroneous date of completion shall not, however, af- fect the validity of the notice if the true date of completion is within 10 days preceding the date of recording of such notice. (b) The name and address of the owner. (c) The nature of the interest or estate of the owner. (d) A description of the site sufficient for identification, con- taining the street address of the site, if any. If a sufficient legal de- scription of the site is given, the validity of the notice shall not, how- ever, be affected by the fact that the street address recited is erro- neous or that such street address is omitted. (e) The name of the original contractor, if any, or if the notice is given only of completion of a contract for a particular portion of such work of improvement, as provided in Section 3117, then the name of the original contractor under such contract, and a general statement of the kind of work done or materials furnished pursuant to such contract The notice of completion shall be recorded in the office of the county recorder of the county in which the site is located, within 10 days after such completion. If there is more than one owner, any notice of completion signed by less than all of such co-owners shall recite the names and address- es of all of such co-owners; and provided further, that any notice of completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. For the purpose of this section, owner is defined as set forth in subdivision (g) of Section 3092. (Added by Stats.1969, c. 1362, p. 2755, § 2, operative Jan. 1, 1971.; 11 cm.Cade-32 497 Z n mReMMLL MEETING AGENDA DATE_ZL 77 ITEMS A � • MEMO-R-MMU City of Atascadero January 22, 1990 To: Honorable Mayor and City Council Via: Ray Windsor, City Manager From: Arther R. Montandon, City Attorney Subject: Ordinance Repealing Provision That Parks and Recreation Commissioners Must Terminate Their Office Upon Filing for Elective City Office Recommendation: New a��p �- That the City Council consider and .i�+-rnAiir-P the proposed ordinance. (Ordinance No. 205) Background: The City Council previously amended the ordinance which • prohibited Planning Commissioners from seeking elective City office and remaining on the Commission. At that Council meeting, it was pointed out that a similar prohibition existed for the Parks and Recreation Commission. Pursuant to the direction given by the City Council at that meeting, this ordinance is presented which would delete this prohibition. Respectfully submitted, ARTHER R. MONTANDON City Attorney ARM: f r Attachment • ORDINANCE NO. 205 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 2-13.05 OF THE ATASCADERO MUNICIPAL CODE DELETING THE REQUIREMENT THAT PARKS AND RECREATION COMMISSIONERS MUST TERMINATE THEIR OFFICE WHEN SEEKING CITY ELECTIVE OFFICE The City Council of the City of Atascadero, California, does ordain as follows: Section 1 . Section 2-13 .05 of the Atascadero Municipal Code is amended to read as follows: Sec. 2-13 .05. Absence from meetings. Absence of a member of the Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Commission noted in its official minutes, shall be reported by the Recreation Director to the City Council for consideration of removal from office. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, • published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance; and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing ordinance is approved by the following roll call vote: Ayes: Noes• Absent: Date Adopted: By ROLLIN DEXTER, Mayor • City of Atascadero, California ORDINANCE NO. 205 Page 2 Approved as to form: ARTHER R. MONTA N, City Attorney Approved as to content: RAY WINDSOR, City Manager ARM: f r ORD: 4 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-10 Through: Ray Windsor, City Manager Meeting Date: 2/2 90 From: Henry Engen, Community Development Director :�At SUBJECT: Request for authorization to enter into a joint powers agreement with the County and Cities to update the Noise Element of the General Plan . RECOMMENDATION: Approval of the accompanying Resolution 18-90 authorizing the Mayor and City Clerk to execute attached JPA agreement. BACKGROUND: The cities and the county have Historically cooperated in retaining consultants to undertake selected specialized types of mandated general plan elements, i.e. , noise and safety/seismic • safety. The attached Joint Powers Agreement was drafted following review and recommendation by the County Planning Directors. The attached letter from the County Planning Department provides additional background. FISCAL IMPACT: The City' s share of the proposed contract with Brown-Buntin Associates, Inc. would be $6,750.83 . The mid-year budget adjustment includes an appropriation of up to $9,000 which provides additional funding for printing, advertising, etc. HE:ps Enclosure: Resolution 18-90 February 16, 1990 communication from County Planning Draft Joint Powers Agreement 0 RESOLUTION NO. 18-90 • A RESOLUTION OF THE ATASCADTRO CITY COUNCIL AUTHORIZING PARTICIPATION IN THE JOINT POWERS AGREEMENT WITH SAN LUES OBISPO COUNTY AND CITIES TO UPDATE THE NOISE ELEMENT OF THE GENERAL PLAN WHEREAS, the State mandates the noise element to each locality' s general plan pursuant to Section 65302 of the Government Code; and WHEREAS, the City of Atascadero desires to participate with the County of San Luis Obispo and its component cities in updating said noise element; and WHEREAS, such an approach will lead to lower costs to each participant while enhancing cooperative regional planning. NOW, THEREFORE, BE IT RESOLVED as follows: 1 . The City Council agrees to contribute its pro rata share of total costs in the amount of $6,750.83 . 2. The City Council agrees hereby directs the Mayor and City • Clerk to execute the attached Joint Powers Agreement transmitted by the Department of Planning and Building of the County of San Luis Obispo on February 16, 1990. On motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby approved on the ro lowing roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: ROLLIN DEXTER, MAYOR City of Atascadero, California ATTEST: LEE DAYKA, Deputy City Clerk • APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director Department of Planning and Building San Luis Obispo County County Government Center San Luis Obispo California 93408 February 16, 1990 (805)549-5600 Paul C.Crawford,AICP Director Mr. Henry Engen Planning Director CITY OF ATASCADERO P. 0. Box 747 Atascadero, CA. 93422 Dear Mr. Engen: SUBJECT: JOINT COUNTY/CITIES NOISE ELEMENT UPDATE Attached is a Joint Powers Agreement (JPA) between the county and the seven cities to share in the cost of preparation of the Joint County and Cities Noise Element Update. The contractor for this project will be Brown-Buntin Associates, Inc. , who was recently selected by a committee comprised of staff from the county and cities. The cost of this project will be $63,000 (including a community noise survey), which is to be shared among the county and cities on the basis of each jurisdiction's proportion of total county population. Exhibit A attached to the JPA lists each jurisdiction's share of the total project cost. The JPA is similar to the version which was circulated to the cities for review last year. It has already been approved for circulation by our County Counsel. We would appreciate your transmittal of this JPA to your City Council for approval of a resolution executing the agreement. Upon approval, please provide the signatures of the Mayor and City Clerk together with the approval date and resolution number in the space provided in the JPA. Once the JPA is approved by all the cities, we will submit it to the Board of Supervisors for approval together with the contract for preparation of the Noise Element Update. Please call us if you have any questions. Sincerely, NORMA DENGLER General Plan Administration ND/cl/0137-1 and 0138-1(2) 02-16-90 JOINT POWERS AGREEMENT A14ONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES NOISE ELEMENT UPDATE/ CONSTRUCTION STANDARDS AND NOISE DESIGN MANUAL/NOISE ORDINANCE REVISIONS THIS JOINT POWERS AGREEMENT is made and entered into this day of , 1990, by and between the COUNTY OF SAN LUIS OBISPO hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section 6500 et seq. , of the Government Code. WITNESSETH: WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies and plans leading to the development of updates to the Noise Elements of their General Plans pursuant to Section 65302 of the Government Code; and, WHEREAS, COUNTY and CITIES wish to develop measures which implement the updated Noise Elements of their General Plans such as construction standards, an informational design manual, and typical zoning regulations, and other standards; and, WHEREAS, it will avoid duplication of efforts, minimize expense, and be of benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract for the preparation of updates to the said Noise Elements of their General Plans and implementation measures; and, WHEREAS, the Planning or Community Development Director of each City and the Director of the County Department of Planning and Building have reviewed and have had opportunity to comment on the tentative Work Program for the preparation of the Noise Element updates; and WHEREAS, BROWN-BUNTIN ASSOCIATES, INC. , a California Corporation (hereinafter Consultant) is engaged in the business of acoustical consulting and preparation of Noise Elements and represents that it is qualified to offer its services as consultant in the preparation of said updates to the Noise Elements and implementation measures; NOW, THEREFORE, IT IS MUTUALLY AGREED: 1. The sole purpose of the Agreement is to provide a vehicle by which the parties hereto may cooperate in the preparation of the updates to Noise Elements of their respective General Plans and implementation measures, and no party to this Agreement intends or does hereby assume any of the debts, liabilities or obligations of any party hereto. 2. The COUNTY, upon approval by the San Luis Obispo County Board of Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated and empowered as the party to negotiate and execute a contract with the Consultant for the preparation of said General Plan Noise Elements and implementation measures, in an amount not to exceed $63,000. 3. COUNTY, or such person as the COUNTY may designate, is hereby designated as the party charged with the administration and enforcement of said Contract on behalf of the COUNTY and CITIES. 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully set forth, for payment of the obligation incurred under the Contract which is the subject of this Agreement, and none of the parties to this Agreement shall be liable to any person or agency for the share of any other such parties; and provided that the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the amounts set forth in "Exhibit "A." 5. The amount of money to be expended pursuant to said Contract shall not exceed $63,000 except by written amendment to this Agreement concurred in by all parties hereto. 6. Prior to execution of the Contract, the Treasurer of the county of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES pursuant to this Agreement. These monies will be P maintained in a trust fund by the Auditor and appropriated to the Planning Department's budget in the fiscal year when the expenditures occur. Amounts due on the Contract referred to herein shall be drawn upon warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement as provided for in paragraph 11, any surplus money on hand in the trust fund shall be returned to the parties to this Agreement in proportion to their contribution made within 45 days from the date of the final billing from the Consultant. 7. Costs of additional work tasks other than those specifically set forth in the Contract between the County and Consultant are the responsibility of the City or County requesting the additional service and shall be borne by the COUNTY or CITY electing to have such work tasks performed. Such additional work tasks shall be performed by the county or city desiring them or through separate contract(s) between COUNTY or CITIES and the Consultant. The costs of such additional work tasks shall be above and beyond the amounts specified in Exhibit "A" attached hereto and the maximum expenditure stated in paragraph 5 of this Agreement. 8. COUNTY and CITIES shall each be responsible for completing at their own expense certain activities, such as reproduction of final documents, as specified in the Contract. 9. COUNTY and. CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by the Consultant including but not limited to the following: traffic counts and projected future traffic volumes as available for streets listed in the Contract, future circulation plans and improvements, any special mapping requirements for noise contour maps, desired Noise Element goals and any preferred policies and implementation measures, and existing noise ordinances and regulations. 10. COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 11. This Agreement shall take effect upon its execution by the chairman, or mayor, and clerks of the legislative bodies of the county of San Luis Obispo and the seven incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such execution and shall continue until COUNTY'S Contract with the Consultant shall have been fully performed by the parties thereto and until the updates to the Noise Elements and implementation measures hereunder have been completed and received by the parties hereto and all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate. 12. Entire Agreement and Modification. This agreement supercedes all previous contracts and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. 13. Non-Assignment of Contract. No party to this Agreement may assign, transfer, delegate or sublet any interest therein. 14. Enforceability. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor By: Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor By: Resolution No. Clerk CITY OF GROVER CITY + By: Date: Mayor By: Resolution No. Clerk CITY OF MORRO BAY By: Date: Mayor By: Resolution No. Clerk CITY OF EL PASO DE ROBLES By: Date: Mayor By: Resolution No. Clerk CITY OF PISMO BEACH By: Date: Mayor By: Resolution No. Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor By: Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chairman, Board of Supervisors By: Resolution No. Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: MW/hf/cl/1011j/62 07-18-89 EXHIBIT "A" COST CONTRIBUTION OBLIGATION Arroyo Grande $ 4,175.86 Atascadero 6,750.83 Grover City 3,407.65 Morro Bay 3,010.17 Paso Robles 4,869.51 Pismo Beach 2,247.60 San Luis Obispo 12,187.73 *County of San Luis Obispo 26,350.65 TOTAL $63,000.00 *County will be responsible for costs of contract adminis- tration and limited reproduction services as described in the scope of Work and Work Program exhibit of the contract. ADDITIONAL TASKS AND COSTS The following work tasks are not to be included within the scope of services of the contract between the County and Consultant. These tasks and any other tasks not specifically set forth in the contract between the County and Consultant shall be the responsibility of the County or city requesting the additional service and shall be performed by that county or city or through separate contract(s) with the consultant. The cost of such additional service shall be borne by the county or cities desiring such tasks, and shall be in .addition to the cost contribution obligation specified above: 1. Analyses of transportation routes and stationary noise sources that are in addition to those specified in the Scope of Work and Work Program exhibit of the contract. 2. Meetings and public hearings that are in addition to the three public information meetings specified in the Scope of Work and Work Program exhibit of the contract. 3. Reproduction of documents that are in addition to the type and number of documents described in the Scope of Work and Work Program exhibit of the contract. MW/hf/cl/lj/1316j 2/06/90 • REPORT TO CITY COUNCIL AGENDA ITEM: A-11 CITY OF ATASCADERO THROUGH: Ray Windsor , City Manager k MEETING DATE: 2/27/90 FROM: Andrew Takata, Director Parks. Recreation and Zoo Department SUBJECT: TRAFFIC WAY PARK DEVELOPMENT - AWARD OF SOD BID RECOMMENDATION: City Council Award Hid Number 90-3 for 87,000 square feet of sod for Traffic Way Park youth sports fields, to : Gilbert 's Landscapes for $28,682.61 . DISCUSSION: • This item was discussed and authorized as part of the 1989/90 budget update. Gilbert ' s Landscapes was the lowest of four bids received, per attached memorandum from the City Clerk ' s Office. FISCAL IMPACT: Funds sufficient to purchase the sod have been budgeted in the fiscal year 1989/90 budget . AJT: kv ; twp3 • BID SUMMARY • TO: Andy Takata Director , Parks & Recreation FROM: Lee Dayka City Clerk BID NO. 90-3 OPENED 2/14/90 10:00 A.M. PROJECT: 87,000 sq. ft. Sod - Youth Sports Field Supplier : Total Price: Special Terms: Gilbert ' s Landscapes $28,682.81 Good for 15 days 11345 Atascadero Ave. No discounts offered Atascadero , CA 93422 Elam Woods Const . Co . 29,928.00 Good for 30 days P.O. Box 2219 .5% disc . available Atascadero , CA 93423 Spino 's Landscaping 34 ,500.68 Good only 5 days 5659 W. San Madele 2% disc . available • Fresno, CA 93722 Pavilion Lands. Co . 33,930.00 none 1475 Dawn Road Nipomo , CA 93444 c : Cathy Sargent Purchasing • CITY OF ATASCADERO Office of PURCHa=,SING AGENT 6500 Palma avenue A-ascadero . CA 9342 INVITATION, BID AND ACCEPTANCE BID P-10 . y?-3 Sealed b.d=_ . sumject to the condition=- hereon. will oe received at the cffi_e of the Purchasing Agent until 10:00 o ' clock a .m . ., February 14. 1901. and then publiciv =pered . forfurnishing B"'.'?00 scuare feet of sod includino installation, for deli,:erj at Traffic va;; Youth :po-ts Field: . CONDITIONS: PqE-P+ ANT FER-iLT�=R: A h:q' Phoschare and Potassium fort l .=er (4-10-10 or 6-2 _210 apoiied at 5 lbs . per 1 .000 square feet cf lawn area will be iiq!-tly raked into the surface of tNe sail area . ATHL_T?C FIELD SOD: Sod shall not contain rocks or Plastic mesh netting that can cause liaoil . t•y of player inJury or inhibit field maintenance pr=cedureG_. SOD COMPOSITION_ Sod shall be composed of ENDURO tail c'es:sue mi% (R5': tali Fescue. 5% Bluegrass ) grown bpi GREENFIELDS TURF, INC . or eaual . SOD FUNIMGAT:O,N: Sed shall be guaranteed weed free_ and have been grown on fields fumigated to ensure against weed , insect and disease problems . SOD HARVESTING: Sod shall be at least eight months mature prior to hares t to ensure adegua-e root Lase. Sod rcot base =ha: l c•e harvested at unit^rm , h i,_: re5=_ -f 5/3" . Sod i nS`.a 1 1 c-d by growe- . 30[i CEL:VE=":_ So= shall 5e a_-!es sec- de? _,---erect and -anSe iarren 4•,i ^.!1 i 3 �cr cr ^T �� ;1^ �r ;.M.C-ji%+T Rt'�'U i'E ! : d7 .':'�.I!� scuare Feer of _co . SOD SPECIFICATIONS AND INSTALLA7I0N PRE-PLANT FEPTILIZEP• A high Phcsor,aze and Potassium ferti . __er ( 4-10-11) or 6-20-20? applied at 5 lbs . per 1 ,000 square rest of I awn area will ce Iightl ; raked into the surface_ of the soil area. ATHLETIC FIELD SOL: Sod shall not contain rocks or clastic mesh nettinq that can cause liatility of piayer in ur•; or inhibit field maintenance procedures_ . SQD _OMPCS I T'0N: Sod sha l I be _omeose,_ ofc^.;C±IkC Tail ! Fescue m i x to _ 3 =as_ue. 5': Sluecr wn r• Nc-;..ire TF1 1c T'1 IPF / C r o d�� � �V� 1 l.�L TLIPF . 1 or eaual . SCH' p;-MIr_.A,T ?rLni: SGC small ee c_'jarantaed wear frog and nave beer. Cr Own on 1 .S rum1/73teC ^_ ?nc1r a 3C3 i:i5 �•tEBrJ . 15e= arts d _s2«Se pro! lems . '00 NAP"E_STING Sod shall bez 3t least eigi-, month=_ mature ori-_r `= harvest to ensure 3CeQt18t2 r-oot ba=le . SOd :]t Ca5? =`a' i "e harvested at uniform thick:ne=5 of �. p' od instal led, b%--^Crzower . SOD DELI`lERv • Sod shall be nar'v9s*eU . . 'an=ojan*.=c L•Jithin a cericd of 36 hours . _MOUNT RF-.DU'RE_ 87. 700 square feet of scd . • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-12 Through: Ray Windsor , City Manager Meeting Date: 2/27/90: From: Mark Joseph, Administrative Service=_ Director SUBJECT: Adopting Midyear Budget Adjustments RECOMMENDATION: Staff recommends Council adopt the attached resolution, amending appropriations by Fund and Department . (RES. NO. 22-�, BACKGROUND: At the Midyear Budget Workshop on February 13, 1990, Council reviewed several budget adjustments. Staff also noted a number of technical corrections were also required . The attached resolution implements those changes. Given the summary nature of the resolution, a brief recap of the major adjustments is noted below. • 1 . Wage and Class Study. The General Fund cost was actually $56,835, slightly higher than originally noted . The increase reflects those additional fringe benefits costs that are based on a percentage of gross salary (e.g . retirement ) . 2. Separate Accounting for General Plan Update and the Arborist programs . By isolating these two programs from Community Development , the actual cost is more accurately identified . 3. Increases in Wastewater Operations. Most of the increase is for ongoing maintenance cost , which were inadvertently left out during the annual budget process. The Sanitation Fund has sufficient monies to cover the costs. 4. Budgeting for the C.O.P. bond . This includes both the bond proceeds and the debt service. The first year debt service will be paid by the General Fund and Developer Fees. 5. Selected Capital Projects. The rekeying project will come from residual 50a tax monies. The paving at Paloma Creek Park and the extra costs for Traffic Way Fields will be covered by the Parks Development Impact Fee Fund . Finally, a spray rig approved in the budget will be traded for the purchase of a two-way radio system for the Parks, Recreation and Zoo Department , at Andy ' s • request . 6. Movie Money. The $33,000 in Warner ' s Brothers money has been appropriated in the Administration Building Renovation fund . • RESOLUTION NO. 22-90 Resolution of the Council of the City of Atascadero adopting the first amendment to Resolution No . 56-89, the Annual Appropriation Resolution BE IT RESOLVED, Section 1 . That the following departmental appropriations, by fund , are hereby increased: Dept . Department Name Amount Fund l General Fund 110 City Council 2,040 120 City Clerk 4 ,718 130 City Treasurer 638 150 City Manager 5,900 200 Police 56,365 300 Fire 24 ,650 410 PW/Engineering 9,622 420 PW/Streets 11 ,652 440 PW/Building Maintenance 2,622 500 Community Development 23,587 • 511 General Plan Update 20,000 512 Arborist/Urban Forestry 25,000 610 P & R/Recreation 59245 620 P & R/Parks 5,620 640 P & R/Administration 3,080 710 Personnel Administration 2,882 720 Finance and Accounting 5,967 810 General Fund Contingency (51 , 190) 820 Non-Department 2,300 Fund Subtotal 160,698 Dept . Name Amount Fund 15 - Zoo Operations 630 Zoo Operations 8,275 Fund 201 - Wastewater Operations 430 Wastewater Operations 56,345 Fund 452 - ' 89 C.O.P. Debt Service 1452 ' 89 C.O.P. Debt Service 193,000 Fund 500 - General Fund Capital 900 Capital Projects (5,000) Fund 501 - ' 89 C.O.P. Construction Fund 900 Capital Projects 1 ,826,000 Fund 600 - Parks Development Impact Fee 900 Capital Projects 6,500 Fund 604 - Traffic Way Fields Capital 40,000 900 Capital Projects Fund 750 - Administration Building Renovation 900 Capital Projects 38,000 Section 2. That the following interfund transfers are authorized : From Fund To Fund Amount 1 - General Fund 452 - C.O.P. Debt 63,500 600 - Park Fees 452 - C.O.P. Debt 80,000 550 - P.D. Fees 452 - C.O.P. Debt 40,000 500 - G.F . /Capital 750 - Admin. Building 5,000 600 - Park Fees 604 - Traffic Way Fields 40,000 Section 3. That this resolution shall take effect immediately upon adoption. On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: DATE: ATTEST: LEE DAYKA, City Clerk ROLLIN DEXTER, Mayor APPROVED AS TO FORM APPROVED AS TO CONTENT: ARTHER MONTANDON, City Attorney RAY WINDSOR, City Manager REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 I From: Ray Windsor, City Manage Meeting Date: 2/27/90 SUBJECT: Pavilion Funding RECOMMENDATION: To endorse Scheme No. 2 for the Lake Park Pavilion size (seating of up to 300) with an actual floor plan layout similar to Scheme No. 3 (see attached) , subject to review and approval by the Pavilion citizens committee and City Council. • DISCUSSION: As I have expressed to you individually, I would hate to see us get 5-10 years down the road and find the facility just isn' t meeting our needs . This kind of problem has occurred more often than one might believe with public buildings because of either a desire to demonstrate absolute frugality or a reluc- tance to go the extra step because of a possible backlash over planning ahead and spending for it now. Looking back at some projects I have personally seen under-built, one finds that the community suffers first through frustration and then embarrass- ment over an inadequate building and invariably spends far more money in the long run attempting to rectify the original deci- sion. I guess, as much as anything, it all boils down to vision vs. dollars . Although, in this case, I believe we can have both, and that is primarily because our existing General Fund Reserve is adequate to allow for some flexibility in capital spending. By the same token, once the Pavilion and Lake Park and miscel- laneous lots are purchased, it will be very difficult for us to address any additional capital improvements until the reserve has replenished itself. But that would be true regardless of the priorities we are talking about, because we face the classic dilemma of having more needs than resources . In the end, it all comes back to whether or not the Pavilion or the lots purchases are, in fact, the highest priorities to be resolved. And, in the case of the Pavilion, its size and scope are truly what we be- lieve the community needs. Given the recent decision on the police facility, the ques- tion before you is not whether you should look to the General Fund Reserve for supplemental revenues but only to what extent. However, even had the architect's estimate been the ultimate bid, there would still have been a need to complement the COP's. At the time you awarded the Police Bid, Mark and I pointed out that we believed the City could spend up to $700,000 from the reserves without creating a fiscal crisis in order to address all three capital projects. Our reasoning for this was based upon the rule of thumb among municipalities that a General Fund Reserve should not fall below ten percent of the budget. In our case, this would mean holding the line at about $600,000. We have suggested the reserve be held at $800,000. Beyond this is our desire to obtain as many lake lots as we can based on a multi-year pay-off. Obviously, this does not de- crease the total dollar amount, but it does have less impact on the reserves at any one time. In the same way, any ultimate dollar commitment to the Pavilion will turn into at least a two- year pay-off, because we will be straddling two fiscal years. I need hardly remind anyone that the estimate for the Pavil- ion is just that and is still subject to current building costs at the time of bidding. In addition, it should be borne in mind that the budget for this project will, at some point, have to address architect' s fees, a construction contingency of at least five percent, off-site improvements--landscaping and possibly a parking lot--and furnishings. However, my belief is that these • additions can still be factored into the $700,000 and/or, as in the case of the parking lot, be addressed down the line. No one realizes better than I that we are dealing with an extremely tight financial_situation. One might easily ask, why didn't we just go for an additional one-half million (or what- ever) in certificates in order to avoid this crunch? My answer is we could have. In fact, the consultant recommended it. But, I have felt from the beginning that we should not incur more debt than we truly believed we could handle within the context of our existing resources. At the same time, I also believe that, while it is highly desirable to have the highest possible reserve available for contingencies, there is no reason why some of what we want to accomplish cannot be financed from a portion of the accumulated reserves . Perhaps another way of looking at it is to say that the City of Atascadero has spent 10 years putting its pennies, nickels and dimes in the piggybank in order to reach a point where there would be enough to pay for some of the things we identified after incorporation. So, once the Pavilion is com- pleted and the lakk lots deeds are in our name, we must think in terms of beginning that accumulation of pennies, nickels and dimes all over again in order to. go onto the next series of cap- ital projects. • 2 I want to say (perhaps as a reminder) that any time we make the decision to fully complete a capital project, other worthy projects must be set aside. That is what prioritization is all about. Given the growing list of needed capital improvements, I still believe that the police facility, Pavilion and lake lots represent our greatest need at this point in our history. I am also convinced we should go for the larger Pavilion, recognizing that it can only happen by using our contingency reserve. You will notice that nowhere in this memo have I addressed the issue of community donations towards the Pavilion project. I believe there is support for it, and I think we should do everything we can to encourage such support, but I don' t believe it would be responsible for me to talk about completing this project on the assumption that a certain amount of the cost will be defrayed through donations. With respect to the architect's work and his direction from this point forward, he will need about one month to complete the final floor plan (to scale) , following which, should you see fit to authorize it, to begin working drawings. It will take about four additional months to be ready to bid. In my discussion with the architect the bid documents will break out, where pos- sible, alternate deducts on construction in order to provide some flexibility in the ultimate dollar allocation. The balcony decking is a good example. Hopefully, it won't come to that. RW:cw 3 O � 1L Q• ' , ► 3 UL cc cc s r 3 O L m Q fl. C Y C m cc Y FCD 0 I 0 e :z °C l ' �► u- w �- u►id3 OL DA I to I I ,g o — aL Qw I Cc CL N m �, I ( — W cc ccowe o e �N N A 41ff �� II ill tE Y LL 40 Al. 4L CL L '3 CV) CL a N cc � in x ell CL °L ba o o 0 g 7:3 q tz Q efl :z � 1114_ d tcl LL N 17! r },� Y —^ m U Qi Qw IA 72 L In 72 cc 'a Q o 3 CL !0 ` � co R oldY U cc :3 — c a REPORT TO CITY COUNCIL Meetina Date : 2/27/90 • CITY OF ATASCADERO Agenda Item: B-2 Through : Ray Windsor, City Manager r From: Department of Public Works SUBJECT: Pedestrian safety at the intersection of of Olmeda and Traffic Way . RECOMMENDATION: The Traffic Committee recommends that Council adopt Resolution No. 21-90 establishing No Parking areas on Olmeda and Traffic Way as shown on Exhibit A. BACKGROUND: The Lewis Avenue PTA initially approached City Council requesting a crossing guard for this location . City Council referred the PTA to • the Traffic Committee where the request was denied. The PTA at this point approached the City/School Committee and was again referred back to Traffic Committee to explore alternatives to crossing guards at this location . DISCUSSION: The intersection of Olmeda and Traffic Way is currently controlled by a 4-Way Stop . The congestion occurs at the beginning and the end of the school day when parents are dropping off and picking up children . It is anticipated that by prohibiting parking around the perimeter of the school , on both sides of the street , that visibility will improve thus increasing pedestrian safety . In addition to this modification , the school district will be relocating the gate through the school fence to channel children towards the crosswalks and to discourage crossing in mid-block. OPTIONS: 1) Adopt Resolution . No . 21-90 2) Deny Resolution No . 21-90 • 3) Return Item to Traffic Committee for further review. FISCAL IMPACT : • The cost of this improvement , if approved, would be approximately $100 .00. These funds would be paid out of currently budgeted funds . Attachments: Resolution No . 21-90 Diagram of Location VJH/vjh 2/20/90 • • II RESOLUTION NO 21-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE AT THE INTERSECTION OF TRAFFIC WAY AND OLMEDA AS SHOWN IN EXHIBIT A WHEREAS , Section 4-2 . 1104 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking on upon either or both sides of any street adjacent to any school property , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS , The Traffic Committee has studied the traffic problems at this location and has determined that a No Parking zone is appropriate . NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated above . On Motion by Councilman ,and seconded by Councilman ,the foregoing resolution is hereby adopted in its entirety on the following roll call vote : AYES: NOES : ABSENT : ADOPTED: ATTEST: CITY OF ATASCADERO LEE DAYKA, Deputy City Clerk ROLLIN DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ARTHER MONTANDON HENRY ENGEN City Attorney Director of Community Development EXHIBIT "A" W O P4 0 TRAT IC WAY H O ro STOP N6 p� s\,moo a \� o NOT TO SCALE REPORT TO CITY COUNCIL Meetina Date :2/27/90 CITY OF ATASCADERO Agenda Item: B-3 (A & B) Through : Ray Windsor , City Manager From: Department of Public Works SUBJECT: Relocation of stop sign at the intersection of Los Osos Road and Old Morro Road East . RECOMMENDATION: Traffic Committee recommends that Council adopt the attached resolutions eliminating the stop sign at Los Osos Road and installing a stop sign on Old Morro Road East . (Resolution No. 's 19 & 20-90) BACKGROUND: The Traffic Committee has received a request from a resident in the • are to consider relocating the existing stop sign on Los Osos Road to Old Morro Road East . DISCUSSION: During committee review of the intersection it was determined that due to the configuration of the intersection and traffic flow that the stop sign should be relocated to stop traffic on Old Morro Road East and not on Los Osos Road. OPTIONS: 1) Approve Resolution No. s 19-90 and 20-90 relocating the stop from Los Osos Road to Old Morro Road East . 2) Approve Resolution No . 19-90 only , eliminating the existing stop sign but not establishing a new stop on Old Morro Road East . 3) Approve Resolution No . 20-90 only, establishing a new stop sign on Old Morro Road East but not eliminating the existing sign on Los Osos Road therby creating a 2-Way stop intersection . 4) Deny both requests , intersection to remain unchanged. FISCAL IMPACT: The cost of this modification is minimal as existing signage can be reused. Attachments : Resolution No. 19-20 Resolution No . 20-90 Diagram VJH/vjh 2/20/90 RESOLUTION NO. 19-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ELIMINATING A STOP INTERSECTION ON LOS OSOS ROAD AT OLD MORRO ROAD EAST WHEREAS, Section 4-2 .407 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to remove , relocate or discontinue the operation of any traffic control device whenever he determines that the device is no longer warranted; and WHEREAS , the Atascadero Traffic Committee is recommending that the existing stop on Los Osos Road at Old Morro Road East be removed. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by , and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote : AYES : NOES : ABSENT : ADOPTED: ATTEST : LEE DAYKA, Deputy City Clerk NROLLIN DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ARTHER MONTANDON HENRY ENGEN City Attorney Director of Community Development RESOLUTION NO. 20-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON OLD MORRO ROAD EAST AT LOS OSOS WHEREAS, Section 4-2 .801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections , and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic Committee has recommended that establishing a STOP intersection on Old Morro Road East at Los Osos Road will improve a potentially hazardous traffic situation . NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above . On motion by , and seconded by ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES : NOES: ABSENT : ADOPTED: ATTEST : LEE DAYKA, Deputy City Clerk ROLLIN DEXTER, Mayor APPROVED AS TO APPROVED CONTENT : . A ED AS TO ARTHER MONTANDON r HENRY ENGEN City Attorney Director of Community Development i N 10 td O�� cYp� A 0 w pzovosea gtoy • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 (A) From: Ray Windsor, City Manager Meeting Date: 2/27/90 SUBJECT: Fiscal Planning Model Study Session RECOMMENDATION: Pursuant to your direction on February 13th, staff would like to suggest the following dates for consideration for the study session to discuss implementation of the Fiscal Planning Model : Thursday, March 22nd or Thursday, March 29th at 4 : 00 p.m. in the 4th Floor dub Room DISCUSSION: It would be our intention to invite the members of the evaluation/selection panel (Don Hanauer, Don Price and Jim Horton, along with Councilman Shiers, Henry Engen, Mark Joseph and myself) . RW: cw