Loading...
HomeMy WebLinkAboutAgenda Packet 04/10/1990 PUBLIC REVIEW COPY PLEASE DO NOT REMOVE FROM COUNTER A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM APRIL 10, 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 PARTICIPATItON: * 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 questionanyspeaker; the speaker may respond but, after the allottedtimehas expired, may not initiate further discussion: * The floor will then be closed to public participation and open for Council discussion. Call to order Pledge of Allegiance Roll Call.. City Council Comment: Introduction of Gregory Luke, Public Works Director Proclamations (4) : • "Earth Week" , April 16-22, '1990 • "March of Dimes WalkAmerica Day", April 21, 1990 • "Victims' Rights Week", April 22-28, 1990 • "Child Abuse Prevention Month", April 1990 Earth Dayactivities` & recycling program presentation by Jim Patterson, Chairman, Recycling Committee (Refer- ence Items A-13 & C-2) COMMUNITY FORUM The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the ef-fectiveness 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. MARCH 27, 1990 CITY COUNCIL MINUTES 2. MARCH 29, -1990 CITY COUNCIL MINUTES (Study Session) 3. CITY TREASURER'S REPORT FEBRUARY 1990 4 . FINANCE DIRECTOR'S REPORT - FEBRUARY 1990 5., ' RESOLUTION NO. 36-90 RESCINDING RESOLUTION NO. 3-81 AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY" 2 6. FINAL PARCEL MAP 16-89, 9350 SANTA CRUZ RD. - Subdivision of one parcel containing approximately 9 .63 ac. into two lots of 4 .00 ac. and 5 .63 ac. in the RS zone (Lobo Investments, Inc./Pace) ' 7. REQUEST FOR TEMPORARY STREET CLOSURES ATASCADERO CRITERIUM, APRIL 29, 1990 8. RESOLUTION NO. 38-90 ESTABLISHMENT OF A` NO PARKING ZONE ON EL CAMINO REAL 8 SANTA ROSA ROAD 9. RESOLUTION NO. 37-90 ESTABLISHMENT OF A NO PARKING,ZONEON EL CAMINO REAL, 150' NORTH OF THE ENTRANCE TO THE VILLA MAR- GARITA MOBILE HOME PARK 10. RESOLUTION NO. 39-90 ESTABLISHMENT OF A NO PARKING ZONE ON CAPISTRANO FROM THE CALTRANS PARK-AND-RIDE TO THE NORTH EDGE OF THE HOTEL PARK PROPERTY 11. RESOLUTION NO. 46-90 - ESTABLISHING A ROAD IMPROVEMENT STAN- DARD DETAIL 12. PROPOSED AMENDMENT TO BUSINESS IMPROVEMENT ASSOCIATION BY- LAWS 13 RESOLUTION NO. 44-90 - CITY .OF ATASCADERO WASTE REDUCTION AND PROCUREMENT POLICY (Recycling Committee) B. HEARINGS/APPEARANCES: 1. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST AS PART OF PARCEL MAP APPLICATION (44-87) FOR THE PURPOSES OF ROAD CON- STRUCTION BY OWNER RUSS JOHNSON AT OBISPO ROAD 2. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST AS PART OF AN APPLICATION FOR PRECISE PLAN 69-89 FOR THE PURPOSES OF HOME CONSTRUCTION, 14400 EL MONTE ROAD (Ranallette) 3. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST, 7955 DEL RIO ROAD (Payne) 4. CONSIDERATION OF HERITAGE TREE REMOVAL REQUEST, 5715 SANTA CRUZ (Lindsey/Hilltop Mobile Manor) C. REGULAR BUSINESS : 1. CONSIDERATION OF FISCAL PLANNING MODEL SERVICES - RECOMMEN- DATION OF REVIEW PANEL AND STAFF 3 2. SOLID WASTE: A. LANDFILL FEE INCREASE B CONSIDERATION OF;MANDATORY GARBAGE COLLECTION 3. RESOLUTION NO. 19-90 ESTABLISHMENT; OF STOP SIGN ON OLD MORRO ROAD EAST AT THE INTERSECTION WITH LOS OSOS 'ROAD (Traffic Committee recommendation) 4. DISPOSITION OF SAN BENITO LOT: A. RESOLUTION NO. 42-90 - ABANDONING A PORTION OF SAN B ITO ROAD SUBJECT TO FOUR (4) CONDITIONS B. RESOLUTION NO. 43-90 - AUTHORIZING EXECUTION OF A PUR- CHASE AND SALES AGREEMENT BETWEEN THE CITY AND MICHAEL L. FREDERICK FOR THE CITYPROPERTY' CONTAINED WITHIN THE SAN BENITO ROAD ABANDONMENT 5. PROPOSED ABANDONMENT OF A PORTION OF MARCHANT WAY RIGHT-OF- WAY ADJACENT TO LOT 79 AT 9590 MARCHANT WAY AND PROPERTY EXCHANGE BETWEEN THE CITY OF ATASCADERO AND MURRAY WARDEN-: A. RESOLUTION NO. 40-90 - ABANDONING A PORTION OF MARCHANT WAY SUBJECT TO FIVE (5) CONDITIONS B. RESOLUTION NO. 41-90 = EXCHANGING PROPERTIES IN RELA- TION THERETO 6. HOUSEHOLD HAZARDOUS WASTE PROGRAM 7. ATASCADERO BABE RUTH - REQUEST FOR ADDITIONAL' NON-PROFIT ORGANIZATION FUNDING D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: A. Committee Reports (The following represents ad hoc or standing commitees . Informative status reports will be given, as felt necessary. ) : 1 . City/School Committee 2 North Coastal Transit 3. S.L.O. Area Coordinating Council 4.` Traffic Committee (See Items A-8, 9, 10 & C-3) 5 . Solid/Hazardous Waste Mgmt. Committee' 6 Recycling Committee (See Item A-13) 7 . Economic Opportunity Commission 8. B.I.A. (See Item A-12) 9 . Downtown Steering Committee 10 . General Plan Subcommittee 2. City Attorney 4. City Treasurer 3. City Clerk 5. City Manager 4 P R O C L A M A T I O N "EARTH WEER" April 16-22, 1990 WHEREAS, Earth Week 1990 is celebrating its 20th anniversary on April 22, 1990; and WHEREAS, Twenty years ago, more than 20 million people demonstrated their concern for the environment on the first Earth Day; and WHEREAS, The environmental awareness spawned by the first Earth Day brought us new laws and new policies, including the first Clean Air and Clean Water Acts and led to the creation of the Environmental Protection Agency; and WHEREAS, Earth Day is a proactive campaign to catalyze environmental awareness and action in all areas of the commu- nity; and WHEREAS, Earth Day 1990 will be an international event with nearly every community taking part, and the local Earth Day Coalition will be coordinating events throughout this area; NOW, THEREFORE, BE IT RESOLVED that the City Council of Atascadero, State of California, does proclaim April 16th through the 22nd, "Earth Week 1990" . We urge all citizens to observe this period as a time for environmental awareness & action through participation in community programs , ceremonies and activities . ROBERT B. LILLEY, Mayor Pro Tem City of Atascadero, CA April 10, 1990 RECEIVED MAR 2 21990 CITY MGR. Dear Community Leader, . The Atascadero Earth Day Committee has scheduled three major events during San Luis Obispo's Earth Week, April 16 to April 22. We encourage your support of these events and ask that each organization consider undertaking some project or educational endeavor on their own. There's only one earth and it takes all ofno care for it. Saturday, April 16 we have slated a Creek Clean-up from Atascadero Junior High School to Curbari1, and from San Gabriel Road to Twin Bridges. Creek cleaners will meet at 10 a.m. in the city parking Tot across from Atascadero City Hall. At approximately 3 p.m. we will have a "= Easter Egg hunt near San Gabriel road on the creek for children who participate in the clean-up. We need volunteers to bring colored eggs and also Easter bunny helpers. On Wednesday evening, April 16 from 7:30 to 6:45, the local Earth Day Committee is sponsoring and Creek Awareness Night. Discussion will focus on whether the Atascadero Creek should be preserved or not, and if so, how it should be done. Community Development Director Henry Engen will speak and a slide show will be presented by Tim O'Keefe. On Thursday, April 19, a tree and wildflower planting will take place on Pine Mountain,in augmentation to the extensive work already done by the Atascadero Kiwanis Club. Starting at 3:30 p.m. we hope to make this a family event with many children taking part. Bring a picnic dinner and enjoy the view of Atascadero fiiam the top of the world. This is only a small taste of activities taking place throughout the county. Each day has a theme: April 16-Gaia Day; April 17—Air Day; April 18—Water Day; April 19—Land Day; April 20—Energy/Recycling Day; April 21—Life Day; and April 22—Earth Day. On Earth Day there will be an Environmental Fair and concert featuring Kris Kristoff erson at Camp San Luis Obispo. Each club might host an educational forum or speaker during their April meeting. For information, ideas or to volunteer, call Karen Riggs at 461-3190 or Debra Leasure at 461-3404. P R O C L A M A T I O N "March of Dimes WalkAmerica Day" April 21,1990 WHEREAS, the children of Atascadero are an important part of our community; and WHEREAS, the interest of children, both born and unborn, are considered important to our community; and WHEREAS, Saturday, the twenty-first day of April, 1990 has been selected as the day for WalkAmerica to raise funds for the March of Dimes to assist children with birth defects; NOW, THEREFORE, the Council of the City of Atascadero does hereby proclaim April 21 , 1990 as "March of Dimes WalkAmerica Day" in Atascadero and urges all citizens to join in supporting this important effort. ROBERT B. LILLEY, Mayor Pro Tem City of Atascadero, CA April 10, 1990 eta'•.�d'V.!v. �. Rte � X XY OFFICE OF THE GOVERNOR State of California TO: PUBLIC AGENCIES, ORGANIZATIONS AND INTERESTED INDIVIDUALS I am pleased to proclaim April 22-28, 1990 as Victims' Rights Week and to join President George Bush in designating April as Child Abuse Prevention Month. Each year during the month of April, California strengthens its commitment to increase public awareness of the needs and rights of crime victims. It also provides an opportunity to acknowledge the outstanding work of dedicated individuals and organizations serving victims. Victims' Rights Week is designed to recognize and support the needs and rights of victims and witnesses of crime. The Office of Criminal Justice Planning has prepared this package to help you promote Child Abuse Prevention Month and Victims' Rights Week in your community. We encourage you to use this material to promote greater community awareness of these two important events. Your support and participation are deeply appreciated. Most cordially, 0C,4 4 George Deukmejian P R O C L A M A T I O N "Victims' Rights Week" April 22-28, 1990 WHEREAS, victims of crime and their loved ones often face severe financial, physical and psychological damage; and WHEREAS, in 1988, 935 , 520 Californians were victims of crime; and WHEREAS, violent crimes are becoming increasingly brutal due to a rise in drug-related criminal violence; and WHEREAS, an effective and fair criminal justice system must recognize the rights of victims and balance them with those of the accused; and WHEREAS, it is important that all Californians increase their awareness of the needs of victims and the valuable services provided in communities throughout the state; and WHEREAS, the observance of Victims' Rights Week highlights the problems faced by victims of crime and the many services available to assist them; NOW, THEREFORE, the Council of the City of Atascadero does hereby proclaim April 22-28, 1990 as Victims' Rights Week in Atascadero and urges all citizens to join in this important observance. ROBERT B. LILLEY, Mayor Pro Tem City of Atascadero, CA April 10, 1990 i P R O C L A M A T I O N "Child Abuse Prevention Month" April, 1990 WHEREAS, child abuse and neglect is a serious and growing problem affecting more than two million of our nation' s children annually; and WHEREAS, this societal malignancy called child abuse and neglect respects no racial, religious, class or geographic boun- daries and, in fact, has reached epidemic proportions in nearly all regions of our nation; and . WHEREAS, there is a great need for child abuse prevention counseling and educational programs to deal effectively with this problem; THEREFORE, I Rollin Dexter, Mayor of the City of Atascadero, do hereby proclaim that the month of April , 1990 be observed as "Child Abuse Prevention Month" and urge all citizens to utilize this period to learn to better understand, recognize and respond to this grievous problem. ROLLIN W. DEXTER, Mayor City of Atascadero, CA April 10, 1990 MEETING AGENDA DATE-4/fin ITEM f A-1 ATASCADERO CITY COUNCIL MINUTES MARCH 27, 1990 Mayor Dexter called the regular meeting of the Atascadero City County to order at 7:01 p .m. The Pledge of Allegiance was led by Councilwoman Borgeson. ROLL CALL: Present : Councilmembers Lilley, Mackey, Bor-geson, Shiers and Mayor Dexter . Staff Present : Ray Windsor , City Manager ; Henry Engen, Community Development Director ; Bud McHale, Police Chief; Andy Takata , Director of Parks, Recreation and 'oo ; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director ; Gary Sims , Senior Civil Enqineer ; Lisa Schicker- , City Arborist and Lee Dayka , City Clerk . • Presentation by Gary Kir- : land re : Homeless issue Gary Kirkland , 46220 Pcrtola Road , presented a proposal ( see Exhibit Ai for low income housing and homeless shelters in the City of Atascadero . Mr . Kirkland stated that this was a Chri =stian proposal and asked the Council to ease building requirements in order to provide homes for those in need . Mayor Dexter commended Mr . �,.irkland for addressing this important issue and explained that some of the means he suggested may be inappropriate. Councilman Lilley expressed concern and stated that the reason the City imposes the building regulaticns that it does is to provide safe and sanitary housing for the people of this community . He said that if we suspend the rules , we will not be able to protect these who live in such homes. Councilwoman Mackey agreed with these comments and further- stated that there are other ways to provide housing without violating laws , and that vie would not be doing the homeless a favor by allowing substandard housing . Mr . Kirkland explained that he was aware of the danger , but telt Page that the choice between shelter in the street or under a bridge and living in a home that may not meet all the building standards should be left to the homeless individual . Mayor Dexter asked the City Attorney for his legal opinion. Mr . Montandon advised that State Law requires the City to adopt and maintain certain standards and advised that the City is not authorized to waive those standards. He added that the adopted Uniform Standards are applicable throughout the United States. Mr . Kirkland thanked the Council for the opportunity to speak . COMMUNITY FORUM: George Highland , spoke representing Mrs. Jeanette Arment of 7401 Santa YneZ , who is disabled and experiences difficulty getting about . He stated that Mrs . Arment had asked him to address the Council in her behalf regarding handicapped parking and outlined some of her suggestions : 1 ) create parking spaces as close to the doors of buildings as possible, a) provide 50:: wider spaces to allow for side-loading wheel chairs and 3 ) locate some spaces near businesses on El Camino Real that are frequented by the elderly and disabled ( i . e. pharmacies ) . Mayor Dexter asked the Community Development Director to look into the situation. George Schroff, of San Luis Dbispo , spoke in support of providing shelters for the homeless . He stated that he himself was without a home and that this area needs a 24-hour shelter , one that would provide eligibility for Social Services that otherwise homeless people would not be entitled to . Councilwoman Borgeson asked staff to look into this matter and suggested completing a survey of the number of homeless in the area and what resources are available. A. CONSENT CALENDAR: Mati•or Dexter read the Consent Calendar . 1 . MARCH 13, 1990 CITY COUNCIL MINUTES 2. MARCH 8, 1990 CITY COUNCIL MINUTES (Special Meeting) 3. TENTATIVE PARCEL MAP 01-90 - Proposed subdivision of one lot into four airspace condominiums and a common area. Subject four-unit , multi-family project is currently under ---------- construction at 9315 Amapoa Ave. (Low/Cuesta Engineering ) 4. RENEWAL OF HEALTH INSURANCE POLICIES 5. RESOLUTION NO. 31-90 — ESTABLISHMENT OF A TYPICAL TRENCH STANDARD 6. RESOLUTION NO. 32-90 — ESTABLISHMENT OF A SEWER LATERAL STANDARD 7. RESOLUTION NO. 33-90 — ESTABLISHMENT OF AN ASPHALT CONCRETE DRIVE APPROACH STANDARD S. RESOLUTION NO. 34-90 — ESTABLISHMENT OF A FIRE ACCESS STANDARD 9. AWARD OF BID #90-2 FOR STREET SWEEPING CONTRACT Councilwoman Borgeson asked to pull item #9. Councilwoman Mackey asked to pull item #4 . Councilman Shiers stated that it was good to see some standards set , as in item numbers 5-9. MOTION: By Councilman Lilley and seconded by Councilwoman. Mackey to adopt the Consent Calendar with the exceptions of item numbers 4 and 9; passed unanimously by roll call vote. 4. RENEWAL OF HEALTH INSURANCE POLICIES Mark .7oseph indicated that the City ' s health insurance policies are due for renewal , expiaining that although the expiration date was October 31 , !9?0, the City had just received the paperwork . He stated that while the policies_ offer the same basic service level , they are at a much higher cost . Mr . Joseph reported that staff is currently researching alternatives. Councilwoman Mackey asked what the effective date would be if the City changed insurance carriers . Mr . Joseph reported that a 30- day notice to terminate was appropriate and that it would not be necessary to wait until October 31 , 1990 to make a change . He added that he hoped to have a package put together by May or 3une for review concurrent with the upcoming budget . The City Manager clarified that in order for the City to change any of the benefit package , staff must meet and confer with the employees. He estimated that this would take a few months and advised that the process begin right away . Page MOTION: By Councilwoman Mackey to authorize the City Manager to sign the renewal contracts for Medical , Dental , Vision and Life Insurance policies; passed unanimously by roll call vote. 9. AWARD OF BID #90-2 FOR STREET SWEEPING CONTRACT Andy Takata gave staff report recommending that the Council award the street sweeping bid to Daystar Industries as the low bidder . Councilwoman Borgeson asked for clarification on hourly rates. Mr . Takata explained that the curb mile rate is used for regular sweeping, while the hourly rate is used for additional or emergency services. Additionally, the Director of Parks , Recreation and Zoo indicated that Adco ' s bid was approximately $9,000 less than the original contract . Mr . Takata further explained that Daystar would be using an air sweeper here in Atascadero , but that the company also had a mobile broom sweeper on hand as a back:-up . He explained that both sweepers had been tested here in Atascadero and indicated that if the City was dissatisfied with the service, the contract allows termination with a 60-day written notice. In response to Ms. Borgeson ' s questions regarding Adco , Mr . Takata explained that the company is based out of Montebello , California and that Mr . Mike Cox is an employee of Adco Services. The City Manager stated that his office began receiving complaints over a year and a half ago from the BIA and Chamber of Commerce regarding the street sweeping service . He reported that it has taken this long for other members of staff to go out to bid on this item to determine if someone else could do a better job . Public Comments : Dane Phillips , owner, of Daystar Industries , spoke in support of awarding the contract to his company stating that the former contractor was charging the City approximately $34/mile while other cities in the County have been paying approximately $16'/mile for the same service. He exclaimed that his price is fair and accurate, described for Council his equipment and stressed that the City needs to be cleaned up . Mike Addante , owner of Adco Sweeping Company, clarified that Mike Cox is not an employee, but rather a co-owner . He declared that Adco has not been overcharging the City and debated that the Page 4 going rates for this service are not what Mr . Phillips indicated. He further asserted that the streets of Atascadero cannot be adequately cleaned with an air-sweeper . Mr . Takata responded to questions from Councilwoman Borgeson regarding the bid addendum which called for changes in insurance and the calculation of bid price. Councilwoman Borgeson commented that Council should go with the lowest bid , but that she will be watching very closely to see that Daystar is getting the job done. She added that she has been pleased with the service Adco has performed . MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to award Bid No . 90-2 to Daystar Industries, Inc . ; passed 4: 1 with Councilwoman Borgeson voting No . B. HEARINGS/APPEARANCES: 1 . APPEAL ON BEHALF OF DAVID LONG & C.L. KNOWLES BY VOLBRECHT SURVEYS OF PLANNING COMMISSION'S DENIAL OF TENTATIVE PARCEL MAP 22-89, PROPOSING THE DIVISION OF TWO PARCELS CONTAINING 10.27 ACRES INTO THREE RESIDENTIAL LOTS OF 3.39 AC. EA. , 7900/8000 SANTA CRUZ ROAD • Henry Engen gave staff report indicating that he had received a request ( see Exhibit B) for continuance until May 8, 1990. He explained that this request was made due to a serious illness in Mr . Long ' s immediate family. The City Manager advised that the Council should first hear any public comments, but clarified that no decision could be made based upon the request for continuance. There was no public comment . MOTION: By Councilman Lilley and seconded by Councilwoman Borgeson to continue the item and maintain open public hearing until May 8, 1990; passed unanimously by roll call vote. 2. REQUEST TO REMOVE ONE HERITAGE TREE 500' NORTHWEST OF 13600 OLD MORRO ROAD (City of Atascadero Parks Dept . ) Henry Engen gave staff report recommending approval with a 2: 1 replacement of 15 gallon Live Oaks. Councilwoman Mackey asked the City Arborist where the replacement trees would be planted , to which Ms. Schicker replied that no particular place had been specified and suggested further discussion on re-planting City CCS. • Page 5 roads. There was no public comment . MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the Heritage Tree Removal based upon the City Arborist ' s recommendations; passed unanimously by voice vote. 3. REQUEST TO REMOVE ONE HERITAGE TREE, 9981 LA LINIA (Messer ) Henry Engen gave staff report recommending approval with a 4: 1 replacement in the vicinity of the removal . Mayor Dexter suggested a freeway frontage replacement . There was no public comment on this request . Additional Council discussion followed regarding ideas for providing the City with proof of tree replacement . The City Arborist reported that a simple procedure was all that was needed and was in support of also establishing a time limitation for providing replacement . The Mayor directed Ms. Schicker to incorporate guidelines for this provision into the revised Tree Ordinance. • Public Comment : Eric Greening , 7365 Valle, asked who ' s responsibility it is to see that replacement trees get a successful start . Ms. Schicker responded that Mr . Greening had raised a very important point and reported that one year , at least , was necessary to ensure successful establishment . MOTION: By Councilwoman Borgeson and seconded by Councilwoman Mackey to approve the Heritage Tree removal based upon the City Arborist ' s recommendations; passed unanimously by voice vote. 4. REQUEST TO REMOVE HERITAGE TREE AS PART OF AN APPLICATION FOR A ROAD EXTENSION TO ACCESS FOUR COLONY LOTS AT ATAJO ROAD WEST OF CHAUPLIN ROAD (Arnold ) Mr . Engen gave staff report recommending approval subject to a 3: 1 (same species ) replacement on the heritage tree and a 2: 1 replacement of the other eight trees. He added that the applicant was proposing a donation to the Tree Replacement Fund in lieu of re-planting , as the area was already heavily wooded . CCIR i 9 . Page 6 Council discussion followed regarding the road alignment . The City Arborist clarified that any shifting of the road alignment would require additional tree removal . She added the homesites are already very small . Public Comment : Frank Honeycutt , Twin Cities Engineering , answered Council questions regarding the road design and drainage. He further supported granting this request by stating that a lot of work had been done to save another large heritage tree and that additional trees would be affected if the road was shifted . Gary Sims , Senior Civil Engineer , responded to Council questions stating that the road would be built to City standards and that if accepted into the City road system, culverts would be maintained by City staff. Mayor Dexter clarified the correct spelling of the street (Chauplin) . MOTION: By Councilwoman Borgeson and seconded by Councilman Lilley to approve the Heritage Tree removal based upon the City Arborist ' s recommendations; passed unanimously by voice vote. Mayor Dexter called for a recess at 8: 15 p .m. The meeting was reconvened at 8:25 p .m. C. REGULAR BUSINESS: 1 . POLICE FACILITY CONSTRUCTION STATUS REPORT (Chief McHale/Rod Levin - Verbal ) Chief McHale introduced Architect Rod Levin, who addressed the Council with his report . He explained that the project is proceeding very well , although a request for a 30-day extension has been requested based upon delivery delay of jail doors and frames. He stated that these items are in transit and are expected in approximately one week . He added that he did not believe the contractor would need the full 30 days extension. Mr . Levin reported that PG&E has given assistance and financial contribution to replacement of antiquated overhead service to the building . He stated that approval has been given to the project by the State Fire Marshall ' s Office and the State Board of Corrections, but added that a final walk-through of the completed building would be given later . , C C�c-rsr�"v • Page 7 The architect continued by stating that the quality of construction has been very good and that there has been excellent cooperation between all contractors and staff. He commended the Council for approving such a project and stated that it would be one to be proud of. Chief McHale ' s comments echoed those of Mr . Levin ' s regarding the cooperation between all parties. He reported that he had given some of the councilmembers tours of the facility and extended an invitation to others, but asked that arrangements be made with him to conduct the tour to avoid dangers. Mr . Levin answered additional Council questions regarding the facility. He explained that Armortex (a nylon and man-made fibrous, bullet-proof material ) would be used in the front lobby, records and dispatch area for protection. Additionally, he stated , the glass in that area would also be bullet-resisting glass as well . Mr . Levin further explained that black-topping and landscaping would begin in April . Chief McHale asked for assistance from the BIA with providing the wells and trees for the front of the facility. Councilwoman Borgeson commended Larry Wysong for his remarkable work . Councilman Lilley thanked the Police Chief for the tour . D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports (The following represents ad hoc or standing committees . Informative status reports are be given, as felt necessary. ) : 1 . City/School Committee - No report 2. North Coastal Transit - Councilwoman Borgeson reported on a work session she attended March 16, 1990. 3. S.L.O. Area Coordinating Council - Councilwoman Borgeson reported . 4. Traffic Committee - Councilwoman Mackey commented that she had attended the meeting of March 7, 1990 and that C Ct'�O Page 8 • Council would address an item of concern at the next meeting . Mayor Dexter reported that communication had been received from David Duncan requesting an adjustment to the new signal light at.. Santa Rosa and E1 Camino . The City Manager added that a copy of this had been routed to the Traffic Committee. 5. Solid/Hazardous Waste Mgmt . Committee - Councilwoman Mackey reported that the next meeting would be April 5 , 1940. The Mayor reported that he had received correspondence from Betty Sanders, representing Wil-Mar Disposal , requesting a rate increase effective 3/ 1 /90. He referred the matter to staff. Councilman Lilley asked to have the matter of mandatory trash pick-up placed on the agenda for open public hearing . b. Recycling Committee- Councilwoman Mackey reported that she had missed a couple of meetings but that items would be on the next agenda for Council consideration. . 7 . Economic Opportunity Commission - Mayor Dexter announced that he was unable to attend the last meeting . 6. B. I .A . - No report . 9 . Downtown Steering Committee - Henry Engen asked to schedule a Downtown Master Plan presentation for Thursday , May 10, 1990 at 7: 00 p . m. in the Rotunda Room. City Council , Planning Commission, Downtown Steering Committee and public would all be invited . 10. General Plan Subcommittee - Mr . Engen reported tentative dates of April 11 and April 12 at 4 :00 p . m. in the City manager ' s Office were being considered . Mayor Dexter- reported that he was part of an official kick-off for Census Week in San Luis Obispo earlier in the day. He reminded all to complete their census forms and return them in a timely way. 2. City Attorney - No report . 3. City Clerk - No report . C t4fJ' Wage 9 4. City Treasurer - No report . 5. City Manager - Mr . Windsor reported that the Council would be adjourning to a study session regarding the fiscal planning model . Although the City Manager supported the concept and the panel ' s recommendation of the consultant , he explained that until a determination of what monies are available for a project of this magnitude is established , a decision may be premature. Mayor Dexter reported that he would be adjourning the closed session of this meeting to Thursday, March 29, 1990 at 4: 00 p .m. for the purpose of a study session regarding the fiscal planning model RFP s. Councilman Shiers asked to be excused from that meeting , noting that he had a conflicting meeting in San Luis Obispo that same afternoon. Mayor Dexter announced that he would be out of the City for a couple of weeks beginning April 4 , 1990. He reported that Councilman Lilley would be Mayor Pro-Tem in his absence. THE MEETING WAS ADJOURNED TO A CLOSED SESSION FOR DISCUSSION RE— GARDING POSSIBLE ACQUISITION OF REAL PROPERTY AT 8:48 P.M. Henry gingenlisted the Capistrano Street properties for discussion as APIA 29-104-4 and APN 29-104-5 indicating that both lots were owned by Davis King ng Development Company. MINUTE- RECORDED AND PREPARED BY: / it J --,��✓ LEE DAYKA, CITY CLERK Attachments: exhibit A ( Kirkland ) Exhibit B (Uolbrecht ) r'_ge 10 p - CEIVED . C17 Y WGR. March 18, 1990 City Council 6500 Palma Ave. City of Atascadero Atascadero, CA 93422 Dear Council Members: Please place on the agenda for the Atascadero City Council meeting of March 27, 1990, consideration of the attached proposal for low income housing and homeless shelters in the city of Atascadero. , Thank you for allowing me to present this proposal. Sincerely, Gary L. Kirkland 4620 Portola Atascadero, CA 93422 • 2 our fair city, the maintenance of property values of neighboring land, nor the health and safety of the inhabitants . Besides the loss of permit revenues I know of no monetary cost to the city. There may be costs involved in repealing ordinances . If these structures are sold to the occupants, they will have a financial stake in maintaining the structures . If the city is not able, by its own actions, to perform any or all these actions, those governmental agencies that can will be approached. This may include the county, state and federal governments . Focus must be kept on the purpose of the actions so extraneous pressures do not hinder the actions. Very inexpensive, low income houses and homeless shelters can be built if the Atascadero City Council acts to select unchosen property, repeal all building codes applicable to that property, allow unlicensed contractors to build there, and remove liability laws relating to the property. Thank you for your consideration. Gary L. Kirkland .- ibrecht ---- _ . -- --- -_ S U R V E Y S 7508 Morro Rd. Atasoadero, CA 93422 • 805/466-9296 t March 27, 1990 Mr. Henry Engen City of Atascadero Community Development Dept. P.O. Box 747 Atascadero, Ca. 93423 Subject: Tentative Parcel Map 22-89 Long/Knowles Job No. 308-01 Dear Henry, As you know, the subject above is scheduled for public hearing in front of the City Council at their regularly scheduled meeting this evening. Due to a serious illness in Mr. Longs immediate family, I would respectfully request that our appeal be continued to the May 8, 1990 City Council meeting. Thank you for your consideration and please do not hesitate to call if you should have any questions or concerns. Sincerely, o-- I- UJ Alan L. Volbrecht cc: Mr. David Long AV/ne RECEIVED ,IMAR 2 7 1990 Surveying Land Planning MEETING AGENDA DATL-441W-W {TEM& A ? ATASCADERO CITY COUNCIL MINUTES - STUDY SESSION MARCH 29 , 1990 The study session was called to order at 4: 10 p.m. by Mayor Dexter. ROLL CALL City Council : Councilmembers Mackey, Borgeson & Mayor Dexter (Councilmen Lilley and Shiers absent) Staff : Ray Windsor, City Mgr. ; Henry Engen, Dir. of Community Development; Mark Joseph, Dir. of Administrative Ser- vices 1 . Fiscal Planning Model Study Session: Studio Design Group (since renamed Crawford, Multari and Starr) Presentation Mr. Engen introduced Mike Multari, Paul Crawford and Steve Nukes, formally of S .D.G. , who made an oral presentation of their pro- posal to undertake the Fiscal Planning Model . Mayor Dexter noted the attendance of Don Hanauer and Jim Horton, who had served on the interview panel which selected S.D.G. After the presentation, members of the City Council asked ques- tions related to the proposal and concluded that staff should add this item to their regular agenda for April 10th, with ap- propriate recommendations . MEETING ADJOURNED AT 5 : 10 P.M. MINUTES PREPARED BY: Cindy Wilkins, Admin. Secy. 1 MEETI410/90 AGENDA A-3 ©ATF ITEM I �. CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS TREASURER ' S REPORT FOR THE MONTH OF FEBRUARY 1990 CASH RECEIPTS: Property Taxes $236, 123.31 Sales Tax 1421400.00 Bed Tax 449.64 Motor Vehicle In-Lieu 88,495.45 Cioarette Tax 3,742.86 Miscellaneous Taxes Sanitation Fees 58, 248 . 1E License/Permit/Fees 30,780.04 Franchise Fees 51289.61 Fines/Penalties/Overages 478.77 investment Earnings 1 , 381 . 95 Rents/Concessions <22,200.00> Sales-Maps/Publications/Reports 406.85 Police Services 55,708. 32 Weed Abatement 1 ,960.20 Parks and Recreation Fees 34,9?9.27 P .O. S.T . Reimbursement. 1 ,268.52 Miscellaneous 1 ,893.42 Developer Fees 30 ,669 .04 Zoo Receipts i67213.35 Dial-A-Ride 3,098 .78 Warner Bros . Movie Money 32,784. 17 A.D. #4 - Separado/Cayucos 7,417.47 A.D. #5 - Chandler Ranch 6,064.93 Street Maintenance Districts 84 .00 Sub-Total 737,738. 18 Other Cash Receipts Reimbursement to Expense 40,273 .08 Proceeds From Sale of Property 1 ,687.50 Total Other Receipts 41 ,960. 16 Total Cash Receipts $779,698.34 S Meeting Agenda Date Item CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF FEBRUARY, 1990 BEGINNING CASH RESOURCES $ 8 ,401,056.78 ADD: RECEIPTS 779 ,698. 34 FUND TRANSFERS 300 ,000. 00 LESS: DISBURSEMENTS 737 ,950.29 FUND TRANSFERS 350 ,000. 00 ENDING CASH RESOURCES $ 8,392 ,804. 83 SCHEDULE OF CASH RESOURCES As of February 28, 1990 Checking Account.: Int. DueRate Date Mid-State Bank $ 73 ,819. 83 Other Investments Local Agency Inv. Fund 6 ,491,000.00 8.538% N/A Fed Home Loan Bank-FICO 1,827,445. 00 8. 35 % 12/6/90 Other Cash Resources : Petty Cash 540. 00 TOTAL CASH RESOURCES $8 ,392 ,804. 83 GERE SIBBACH City Treasurer Meeting Agenda Date 4/10/90 Item A-4 CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOR THE MONTH OF FEBRUARY, 1990 DISBURSEMENTS: Hand Warrant Register for February, 1990 $ 92 ,817. 95 2/2/90 Accounts Payable Warrants 125,485. 54 2/9/90 Accounts Payable Warrants 23,373. 89 2/16/90 Accounts Payable Warrants 269 ,228. 33 Service Charge-Mastercard/VISA 5. 00 Wires for February, 1990 350 ,000.00 2/14/90 Payroll Checks 49184-49327 111,875. 75 2/28/90 Payroll Checks 49328-49468 116 ,953. 91 TOTAL $1,089 ,740. 37 LESS: Voided Check #49446 $ 100. 00 Voided Check #49988 413. 48 Voided Check #50017 439.60 Voided Check #50192 837. 00 SUB-TOTAL. VOIDED CHECKS $ 1,790.08 TOTAL DISBURSEMENTS $1 ,087,950.29 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance Office. . T_/22�A - MARK A. J EPH Administr tive Services Director REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-5 Through : Ray Windsor, City Manager Meeting Date: April 10, 1 90 From: Mark Joseph , Administrative Services Director SUBJECT: Adopting Resolution to Implement Risk Review Committee RECOMMENDATION: Staff recommends Council adopt the attached resolution , establishing the Risk Review Committee. (Resolution No. 36-90) BACKGROUND: At its March 13 , 1990, meeting , Council endorsed the concept of the Risk Review Committee . Since that time, the Committee has met and prepared a brief set of procedures for handling claims as well as policy issues arising from liability claims. in addition, some of the routine forms and report are included . The manual is attached to this report . As can be seen, Council Members will receive a copy of all claims and can be kept informed of the status of any particular cases. In addition, the resolution repealing Resolution -B1 and instituting the Committee is also attached . RESOLUTION NO. 36-90 RESOLUTION OF THE ATASCADERO CITY COUNCIL RESCINDING RESOLUTION 3-81 AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY WHEREAS, the City of Atascadero is a member of the Central Coast Cities Joint Powers Agreement (CCCJPA) for insurance purposes; and WHEREAS, as a result , the City receives the services of an independent CCCJPA adjustor and investigative service and will defend claims filed against it ; and WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the Staff and the Adjustor have specified authority on behalf of the City to immediately enter into Settlement Agreements without prior authorizations of the Council . NOW, THEREFORE , BE IT RESOLVED AS FOLLOWS: 1 . A Risk Review Committee (Committee) is established to review all claims against the City , the investigation and determinations of the Adjustor and any other pertinent information at the Committee ' s disposal ; 2. The Committee shall have authority to reject or settle claims up to the amount of Ten Thousand and no1100ths Dollars ($10,000.00) . Any settlement over that amount will be referred to the City Council , with a recommendation by the Committee. 3. The Committee will consist of at least the City Manager , or his designee, the City Attorney , and one member of Council . Meeting times and location shall be established by the Committee. On motion by Councilmember and seconded by Councilmember , the Atascadero City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: C-ATY O F ATL"l,.SGl"-.DER0 REVIEW` CON.-MIT TIEE OPERATING MANUAL PREPARED BY A DO J I M!Silr-R iZIT 11 V E S LE R VI PRIL '990 PROCEDURES FOR LIABILITY CLAIMS PROCESSING 1 . Claimant submits on a timely basis , a completed Claim Form to the City Clerk ' s Office. 2. The City Clerk ' s Office distributes a copy to each Councilmember and the Risk Review Committee ( total of 7 copies ) . The original is kept on file with the City Clerk . 3. The Risk Review Committee meets to review the Claim, the Claims Adjustor ' s reports and recommendations, and determines an appropriate response ( reject the claim, request further information or settle) . 4. The Committee will meet at least monthly to review the status of all pending claims. 5. Administrative Services will provide staff support to the Committee._ which will include at least the following : maintain written minutes of Committee meetings ; act as liaison with the Claims Adjustor and/or the Claimant ; and • maintain the Case Updates. 6. In order to preserve Client/Attorney privilege, all correspondence will be routed through the City Attorney ' s Office, with a copy to the Administrative Services Director . Administrative Service=_ �iil act as the agent for the City Attorney . To facilitate this, a standard routing slip will be attached . 7. Any Council-person wishing to be kept informed on the status of a particL:la.r claim will receive periodic Case Updates. PROCEDURES FOR LIABILITY-RELATED POLIO' DEVELOPMENT 1 . As cases are reviewed , the Committee may direct staff to investigate certain practices and procedures that may have led to the incident and recommend alternatives. If the matter is isolated to a particular Department , Council review is generally not warranted . The Committee will follow-up to see the recommendations are implemented . 2 . If trends develop , or if a problem arises that has not yet been addressed at a policy level , then the Committee will develop a policy statement for Council review. 3. Notwithstandinq the procedures above, the Committee will develop recommended language for City agreements and contracts to cover at least the following : - Minimum Insurance Requirements; - Hold Harmless Clauses; and - Other matters relating to liability exposure. it STANDARD FORMS AND RCPORTS 1 . Liability Claim Form - This form is used to document all claims against the City. The form is intended to collect as much information from the Claimant as possible . This will not only facilitate the City ' s investigation of the claim, it will also help reduce the costs of such review . The original claim is submitted and filed with the City Clerk . Copies will be routed to the Risk Review Committee and the City Council . 2. Routing Slip - In addition to simply routing information appropriately, the Routing Slip is critical to preserve the Client/Attorney confidentiality privilege. All correspondence should be routed throuah the City Attorney ' s Office, with a copy to the Administrative Services Director . 3. Standard Rejection Letters - A number of standard rejection letters will be used as appropriate. Letter Two is to be used whenever a properly submitted claim is rejected based on the merits of the claim. (Letter One, not included , is not a rejection letter ) . Letter Three is to be used whenever a claim has insufficient information ( the insufficiency is spelled out ) . Letters Four , Five-A and Five-B relate to rejections due to 'Late filinos. 4 . Case Updates -- This form is to be maintained for all active claims against the City. It summarizes the status of the case, and is the material routed to individual Councilmembers, upon request , for additional information regarding a claim. 5. Monthly Loss Summaries - This is a monthly printout from the Claims Adjustor , summarizing our claims history. Information is sorted by fiscal year and either type of liability, or location (department ) . A claims register of individual claims is also included . Costs are divided by loss payments and the expense of investigating/defending the - Iaim. b. Quarterly Financial Statements - These reports are prepared quarterly by the City of San Luis Obispo on behalf of the CCCJPA. The statements show revenues and expenses, the balance sheet and ending fund balance. LIABILITY CLAIM AGAINST THE CITY OF ATASCADERO FOR DAMAGES (Government Code Sections 905, 910, 910.2) TO: CITY CLERK Received by: (check ) CITY OF ATASCADERO U.S. Mail 6500 PALMA AVENUE In Person ATASCADERO, CA. 93422 Other CLERK ' S TIME/DATE STAMP This claim must be filed with the City Clerk , City of Atascadero, as soon as possible after the accident , event or incident . Make certain the claim is against the City only and not another public entity. Completed forms must be mailed or delivered on time to the City Clerk at the address indicated above. Where space is insufficient , use additional paper and identify information by paragraph number . WARNING: It is a criminal offense to file a false claim (See: Penal Code 072 and Insurance Code #556. 1 ) . For other claims, consult the Government code for filing items and complete the appropriate sections of this claim form. TO THE CITY CLERK, CITY OF ATASCADERO, CALIFORNIA; The undersigned submits the following claim and information: (A) The name and address of the claimant : 1 . FULL NAME OF CLAIMANT: 2. COMPLETE ADDRESS: Street and Apartment No . City & State/Zip 3. OTHER ADDRESS: P.O. Box or alternate, if any 4. PHONE NUMBERS: (Home) (Work ) 5. DATE OF BIRTH: 6. PARENT/GUARDIAN: ( If Claimant is a Minor ) 7. SOCIAL SECURITY NO. B. DRIVER ' S LIC. NO. (B) The address to which the person presenting the claim desires notices to be sent : 9. (C) The date, place and other circumstances of the occurrence or transaction which oave rise to the claim asserted : 10. DATE: 11 . TIME: 12. PLACE: (Enact Location) : 13. CIRCUMSTANCES: (Specify the particular occurrence, event , act or omission you claim caused the injury or damage) (D) A general description of the indebtedness, obligation, injury , damage or • loss incurred so far as it may be known at the time of presentation of the claim: 14. NATURE/DESCRIPTION OF INJURIES/DAMAGE: 15. IF NO INJURIES, SO STATE: (E) The name or names of the public employee or official causing the injury, damage or loss, if known: 16. NAME(S) : 17. WHAT ACTION OF CITY EMPLOYEES CAUSED THE INJURY/DAMAGE? 18. WHAT OTHER PEOPLE WITNESSED THE OCCURRENCE? NAME ADDRESS PHONE # NAME ADDRESS PHONE # (F) The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss . insofar as it may be known at the time of the presentation of the amount claimed : 19. AMOUNT CLAIMED TO DATE: 20. ESTIMATED FUTURE COSTS: 21 . BASIS OF COMPUTATION OF CLAIM 22. AMOUNT OF TOTAL CLAIM ( Including all known loss damages) THE UNDERSIGNED STATES THAT HE OR SHE IS A PERSON MAKING THE ABOVE STATED CLAIM, OR IS A PERSON PRESENTING SAID CLAIM AND ACTING ON BEHALF OF THE CLAIMANT ABOVE NAMED, AND DECLARES UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT INSOFAR AS IS KNOWN AS OF THIS DATE. EXECUTED AT City Signature of Claimant , or Claimant ' s Representative ON (DATE ) Address ASE ATTACH: ( ) Bills, invoices or estimates Claim 2/23/90 Phone Number • M E M O R A N D U M DATE: 19 TO: FROM: Arther R. Montandon, City Attorney SUBJECT: CLAIM - v. CITY Please provide to Carl Warren & Co . the information requested in the attached letter . If you send documents, forward a copy to me and Mark Joseph , Administrative Services Director . If you have no such documents or information, write Carl Warren to inform them of that fact , with a copy to me and Mark . Thank you for your prompt attention. i • • FORM LETTER #2 CITY LETTERHEAD Date REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS Notice is hereby given that the claim which you presented to the City Clerk of the City of Atascadero on (date) _ was rejected on (date of actual rejection or date rejected by ooDeration of law) by the Risk Review Committee, on behalf of the Cite Council of the City of Atascadero , pursuant to Resolution 3b-90. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action in a Municipal or a Superior Court of the State of California on this claim. (See Government Code Section 945 .6 ) . You may seek the advice of an attorney of your choice in connection with this matter . If you desire to consult an attorney , you should do so immediately. City Clerk • FORM LETTER #3 CITY LETTERHEAD Date NOTICE OF INSUFFICIENCY Your claim which was received by the City Clerk on (date) failed to comply substantially with certain Government Code Sections. It was insufficient for the following reasons: (give reasons for insufficiency) For your information, consult Sections 910, 910.2, 910.4, and 910.9, and other sections of the Government Code pertaining to the filing of claims against a public entity. Due to certain time requirements for filing these deficiencies this should be corrected immediately. City Clerk FORM LETTER #4 CITY LETTERHEAD Date USE THIS FORM TO RETURN EVERY CLAIM RECEIVED BY YOU BEYOND SIX MONTHS (AND WITHIN ONE YEAR) OF THE OCCURRENCE DATE, WHICH HAS BEEN RECEIVED BEFORE ANY APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM. GIVE THIS RESPONSE IMMEDIATELY UPON RECEIPT OF A LATE CLAIM, AND IN ANY EVENT WITHIN FORTY-.FIVE DAYS OF RECEIPT OF CLAIM. The claim you presented to the City Clerk of the City of Atascadero on ( insert date claim was received ) is being returned because it was not presented within ( 6) six months after the event or occurrence as required by law. See Sections 901 and 911 .2 of the Government Code. Because the claim was not presented within the time allowed by law , no action was taken ori the claim. Your only recourse at this time is to apply without delay to the City of Atascadero for leave to present a Late Claim. See Section 911 .4 - 912.2, inclusive, and section9_46 . 6 of the Government Code. Under some circumstances leave to present a Late Claim will be granted . See Section 911 .6 of the Government Code, You may seek the advice of an attorney of your choice in connection with this matter . If you desire to consult an attorney , you should do so immediately. City Clerk FORM LETTER S-A CITY LETTERHEAD Date RESPONSE TO: APPLICATION TO PRESENT A LATE CLAIM PRESENTED WITHIN ONE YEAR OF THE DATE OF OCCURRENCE Notice is hereby given that the Application to Present a Late Claim which you presented to the City Clerk of the City of Atascadero on date was denied on date by the Risk Review Committee on behalf of the City Council of the City of Atascadero , pursuant to Resolution 36-90. WARNING If you wish to file a court action on this matter , you must first petition the appropriate court for an order relieving you from the provisions of Government code Section 945.4 (claims presentation requirements ) . See also Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your Application for Leave to Present a Late Claim was denied . You may seek the advice of an attorney of your choice in connection with this matter . If you desire to consult an attorney, you should do so immediately. City Clerk • FORM LETTER 5-B CITY LETTERHEAD Date RESPONSE TO: APPLICATION TO PRESENT A LATE CLAIM PRESENTED BEYOND ONE YEAR FROM DATE OF OCCURRENCE (PERSONAL INJURY OR PROPERTY DAMAGE) The application which you presented to the City Clerk of the City of Atascadero on date is being returned to you herewith without any action having been taken on it by the City Council of the City of Atascadero . The aoplication is being returned because it was not presented within one year after the accrual of the cause of action. To determine whether you have any further remedy or whether further procedures are open to you , you may wish to consult with an attorney of your choice. If you desire to consult with an attorney, you should do so immediately. (See Government Code Section 911 .6) . City Clerk CITY OF ATASCADERO LIABILITY CLAIM CASE UPDATE Claimant ' s Name: Date of Claim: Brief Description: Total Amount of Claim: Special Routing : Date ACTION/COMMENTS 3/90 Page __ (',1AS CITY OF ATASCADERO COVERAGE SUMMARY FEB . 1990 C MIAC:E CLADW LOSS MTENSE CURRCiIT LQTTOM CURRENT TOTAL TOTAL RESERVES 7 %E���7 9 LOGS Mrs 3 0 / 8 0� EXPENSE PMTS EXPENSE PMTS ICURRED AHI4 .00 .CNt .00 .00 .00 2,535.96 2,535.96 LDI 3 .00 .00 .00 5,000.00 .00 G5.00 5,06.00 LFD 1 .00 .VO .00 .00 .00 2,324.95 2,324.95 TlTnf. R ,nn nn nn ,no G,O .m .00 4,925,91 9,075.0/ 7 / 1 / 80 - 6/ 30/81 LE1.I 5 .00 7-0 .00 48,500.00 .00 19,667.03 68,167.03 TOTAL 5 .00 q000 4 ,500.00 .00 19,GG7.03 68,167.03 7 / 1 / 81 - 6/ 3082 t.Pt ,nn ,(N) ,nn .00 .0n -4 .65 s3n.F5 LCD 3 .00 CO CO .00 .00 19,021.14 19,021.14 TOTAL 6 .00 7 / 1'/ 82 -00 '00 19,551.79 19,551.79 APE, 2 .00 .00 .00 .00 .00 932.92 932.92 11H1 9 ,00 ,1x1 .Oct 76,349.40 .00 47,7p0.57 124,129.97 LPD 4 .00 .00 .00 543.00 .00 760.39 1,303.39 LPI 5 .00 .00 .00 .00 .00 99,888.79 99,888.79 7r1TAT. 19 nn0n 7A,892.40 .00 149,762.67 '75,755.n7 7 / 1 �83 - X6/ 30/ 84 AHI 1 .00 !N .00 .00 .00 448.98 449.98 ,1PD 1 .00 .00 .00 .00 .00 .00 .00 L8I 7 .00 .00 .00 .00 .00 71,232.42 71,232.42 ' I.nt) 6 .00 nn .00 2,200-00 .00 RR2.A6 4,OR2.A6 LCl 1 .00 00 .00 .00 .00 .00 .00 'ICtCAI, 15 .00 7-000 700.00 .00 72,564.26 74,75.1.26 7 / 1 / 84 - 6 / 3085 API) 4 .00 .00 .00 271.70 .00 176.21 447.x1 1,H1 17 4,000.00 11,037.74 5,500.UO 37,950.00 .00 21,049,65 73,14ib.ly LPD 8 .00 .00 .00 4,236.72 .00 1,070.96 5,297.68 Ull 2 .00 .00 .00 100.00 .00 1,391.64 1,491.64 'RrPAT, 31 4,000.00 1 ,037.'4 5,500.00 4 ,448.42 .00 23,687.46 P,1,173.62 7 } 185 - 6/ 30j�86 Apt 1 ,0n nn nn 573.90 .00 159.97 732.77 LDI 6 .00 .00 .00 90,000.00 .00 37,48.90 17,482.70 IIFD 7 .00 .00 .00 316.00 .00 1,043.99 1,359.y9 I.rT 5 .00 nn .00 .00 .00 16, ,67.70 16,567.70 'MTAL 19 .00 .^0 On 97-,989.90 .00 55,253.46 146,143.36 7 / 1 /86- 6/ 30/87 IJIT 4 ,00 _nn .00 .00 68.32 2,577.70 2,577.70 T,PT? 3 .00 .00 .00 .00 .00 812.61 P I Z.61 I.PT A 3,900.00 10,475.74 .00 .00 .00 23,966.65 37,44^,44 7r/CAI, 15 3,0^^.00 17-,475.79 - 00 .00 68.32 27,356.96 4Q,932.?5 71 1 / 87 6 / 30/88 Td1T 4 4,000.00 11,768.61 .00 .00 .00 13,852.51 29,621.12- I-PD 9,621.13I.PD 9 .00 .00 .00 2,827.64 .00 1,673.96 4,501.60 IN 5 .00 .O0 .00 5,000.00 .00 11,596,13 18,6'•6.13 e�AI. 18 4,00--.^^ 1,768 /8 8 - 6% 3 0/,9.64 .00 27,11.60 50,7.09.85 LST 3 17,500.00 26,753.25 25,000.00 25,000.00 .00 5,746.75 75,00n.nn LPD 5 .00 .00 .00 1,948.94 .00 1,981.80 3,930.74 r,p 1 2 .00 00 .T30 .00 .W 405.18 y"8.1101 T'YCAT. 10 17,500.00 26,753.75 25,000.00 2y,948.94 .00 8,634.73 79,x36.92 7 / 1 /89 - 6/ 30/ 90 1,81 5 21,500.00 20,986.50 .00 11000.00 582.72 1,562.83 45,051.33 IYYTAT. 5 21,500.00 20,988.50 ,,x3 1,000-00 582.72 1,562.83 45,051.33 FTRN "ALS 152 50,000.00 81,023.89 30,500.00 301,707.30 651.04 409,679.70 842,410.89 ItAR 11, 1990 7:26:541 7 07 o 5 r.y. r,TAS CITY OF ATASCADERO LOCATION SUMMARY FEB . 1990 LOCATION CLAIMS LASS EXPENSE CURRENT TOTAL CURRENT TOTAL TOTAL, RESERVES 7 =..^Mr;z.,7 LOSS 6/ 30LQ$ S E tPENSE PMTS EXPEIJSE PMTS 111CURRED UNkFM341tI 1 .00 / 7 .00 .00 .00 .00 65.00 65. 'METS 7 .00 .00 .00 5,000.00 .00 4,860.91 9,860.9 TOTAL 3 .00 qo 00 000.00 .00 4,925.91 9,925.91 POLICE , 00 7 / 1./ 8 0 - vo 3 0 800.09 .00 15013.76 3,lee.76 PUBLIC WORKS/FIELD SERV 1 nn nn .00 42,500.00 .00 14,870.22 57,370.22 PARIS 2 .00 .00 .00 3,500.00 .00 4,108.05 7,608.05 TrMAT. 5 on no no 48,500.00 .00 1q,667.ni AA,IA7.Al 7 / 1 / 81 - 6 / 30/82 FULIVE 1 00 .UU .00 .00 .00 312.71 312.71 rUBLIC WIORPw^/FIELD SERV 1 .00 .00 .00 .00 .00 1.19.10 149.10 PLANING/COMQ1'T7 DEVIAPM 1 .00 .00 .00 .00 .00 18,494.32 18,494.32 PAWS 1. 00 rw1 .on .00 .00 14A.33 t4F.31 STREETS 2 .00 CwJ .00 .00 .00 449.33 449.33 TVTAL 6 .00 qU 00 .00 .00 19,551.79 19,551.7.1 7 / 1 / 82 - 6/ 30/83 A0111T4I^TRATIONSERVICE.^. 2 .00 .00 .00 .00 .00 186.86 106.86 PUL10E 7 .UU .UU W .00 .00 LUU,vvz.tl5 lw,`,jz.t)5 01IBLIC WORKS!FIELD SERIF 2 00 .00 OO 50,543.00 .00 21,076.92 71,610.02 FIRE 1 .00 .00 .00 .00 .00 754.45 754.45 SFWF:R/.^3ANITATIO14 1 .00 .00 .00 .00 .00 808.17 gOR.17 PARKS 4 .00 .00 .00 1,349.40 .00 910.55 2,259.95 STREETS 1 .(N3 .QQ .UU 25,OVO.00 UO 24,532.8'1 49,532.8"1 TOTAL 1? .00 0000 76,902.40 .00 149,362.67 226,255.07 7 / 1183 - 6 /30/ 84 ADMINISTRATION SERVICES 1 .00 UO .00 .00 .00 .00 .00 Pt!LICE 5 .00 OU .00 .00 .00 738.90 738.90 PUBLIC WQRKS%FIELD SERV 3 .00 .00 .00 2,200.00 .00 822.48 3,022.48 FIRE .00 .00 .00 .00 .00 335.77 335.77 PARI.^, 1 .00 .00 .00 .00 .00 63,511.21 63,511.21 STREETS 4 .00 .OU 00 .00 .00 7,155.90 7,155.90 "AL 16 •00rIn 00 ,700.00 .00 72,564.26 74,764.26 7 / 1184 - .6 / 30385 POLICE 11 21500.00 10,233.94 5,500.00 10,476.72 .00 5,16.47 28,427.13 PUDLIC WORT:.^,/FIELD SERV 3 .00 .00 .00 .00 .00 342.85 342.05 B11tT.nic, INSPECTION 1 .00 .09 .00 271.70 .DO .00 271.70 PAPE'.^ 2 1,500.00 903.80 Do .00 .00 1,019.73 3,323.53 MARINE SAFETY 1 .00 .00 .00 .00 .00 389.49 389.39 =EF,7: 13 .00 .00 .00 31,700.00 .00 16,718.92 48,419.92 TOTAL 31 4,000.00 1 ,037.1'.1 5,500.00 4Z,448.42 .00 23,687.46 81,173.6" �- 7 / 1 / 85 - 6 / 30/86 At"ImrrMATION SEPVTCES .00 .00 .00 .00 .00 693.29 683. POLICE 10 .00 .00 .00 90,628.90 .00 36,844.15 1^7,4'.3.0 PUBLIC Wr)R1:S%FIELD SERV 2 .00 .00 .00 .00 .00 383.37 383.37 CF,wFP/;;ANTTATION 1 .00 00 .00 61.00 .00 .00 61.00 PLAHTII''.:/CCNIM''TY 6EVMPM 1 .00 .0t1 1 .00 .00 .00 8,695.20 8,695.20 STREECS 3 .00 .00 .OV 200.00 .00 8,637.46 8,837.46 TEAL 11) .00QQ0 DO 97'989.90 .00 55,253.46 146,143.36 7 / 1 / 86 - 6 / 30 / 87 ArW N 19TPATTOW gFWTrF..q 2 •no •13r1 •nn •00 ,n0 21,347.17 21,147.17 POLlc,c 1 .00 .00 .00 .00 .00 258.53 258.53 PUBLIC WORKS/FIELD SERV 1 .00 .00 .00 .00 .00 220.53 220.53 ^,EPMP,r:At1ITATION .00 .00 .00 .00 .00 336.54 336.54 BUILDIH, 1t;sPECTIO14 1 .00 .00 .00 .00 .00 279.49 277 ANIMAL ,FPVTCES 3 3,000.00 10,475.79 9.49 .00 .00 .00 2,024.21 15,51x1, 00 antwrl; 5 .0^ .00 .00 .00 68.32 2,890.29 2,890.29 TOTAL 15 3.000.00 7 0' 4 1/8 7 _ 00 3 0/8 8.00 68.32 27,356.96 40,832.75 FOL.TCE 8 .00 .00 .00 5,308.00 .00 11,944.37 17,252.37 Y1IHLIC w'1RKS/FIELD SERV 4 .00 .00 .00 1,219.84 .00 1,236.24 2,456.08 WIVITP 1 .00 .00 .00 .00 .00 125.87 125.87 FIRE 1 .00 .00 .00 .00 .00 227.63 227.63 ^F.W,,R/RANTrATION 1 .00 nn .00 1,299.80 .00 347.10 1,646.80 :;1'RP,EI:S 3 4,000.00 11,768.61 .00 .00 .00 13,231.39 29,000.00 nTIAI. 18 4,MO.00 71},7 i. 1 8 - 600/ 3 n ].8207.64 .DO 27,112.60 50,708.85 POLICE .00 / .00 .00 / .00 .00 355.33 355.33 P11RI-W wr1RKS/FTELD SERV 1 .00 two .00 .n0 •00 536.n1. 536.01 ltE�:REATI'N1 2 M1 CO !`o 1,408.34 .00 990.95 7,799.29 ANIMAL OERVICES 1 .00 .00 .00 .00 .00 650.23 650.23 STPEF"T--, 4 17,500•n0 25,753.25 25.0^^•0^ 25,540.60 .00 6.202.21 75,996.06 TVTAL 10 17,500.00 'F,3.57, ..5,000.00 948.94 .00 8,634.73 79,836.92 2J, y �ARKc � 1 / 89 - h / 30 / 90 .Q0 1Q,d9u,5n rai 00 511.50 511.50 39,0nn•00 o1PEEl"< �.5_w _0 :,50n._" nn 11000,00 1,U51.33 7,051.33 'MrA1, 5 21,500.00 ?0.?RR.`•n .00 11000.00 582.72 1,562.83 45,051.33 FIRM 'n.rrAlg-; 152 50,000.00 ?t102.1.AQ 3ol, 19 301,707.30 X51.04 409,679./_ 942,410.t+y MAP 1], anon •r. i-,.3DB C. 2. 6. 0 z LL W L) Q cr- w w (n o LL ~ W LLJ ~ . U) t!) W ui W (� .J z v Q cn L) z u. u. J Q F- z W U tZ K I i .. v. rloc. rao -ooio- .i >W0 1i J %i: 17 J ri L7 .i V, .-+ M i . . . . . . . . . ,! 1 Lu? I no 0 " P O C r,! •0 0 1 M ED 1 _ D i " M " b) -%0rdr+ l7 .0V! 1 Mr- I Cz i l- -.0No'0 7mv-0N I %0rl0- 1 t- W i - . w - w . I i PLa 3 nt) rnD• liiM +-+ r- I` A w C►• 1` 3 :J: 1 r! :"•! .•+ r+ :'J r! L7 d *-� .1 C `^, i;, , 1 , i i 1 -1 3 L'• r! O II• r! C •CCD` i iv 3 1 1-+ 1:1) V) r+ u") 1-4 C ? 1 0r. 0rte• MMT+ M "' N i C 1 L^. i1 1 -4 NO %D lol- M i•! %0 W i is ? ic H 3 w ., 1 3 !-•� :si 3 I i ? I 1 , i + 1 1 ' 1 i , i f 1 3 3 GGGOf.: O 'G ^ GG I GG 7 3 0000000000 O C O C ..n C O O O OOO i 1 • - . I i L^ 1 O 'er ^! t c ('! i'iCraM I Maw '-� i z 3 C ':� � i,7 u"s � I` rti C *� I +-r ?� •v z I zu I -4) 0 N Pl- 3'9Cct^ C i l- r•: CPI .^_. 1 H " t w w • . I J 1 zC ' 4.4-MNc •D0IC0Mc 1 tips N i il is t -c m ir) q- r- ?h -j a) -q, q 3 N cL -r-Ir1 .-r r+ r ^lMc � 3 rlMSO I r,' r: i ? 1 I I ►� t I i i.11 i 1 i z z C w ED 0) J a) i 1 'D -- 1; i J :L. D- 1 1: > 1 C G I w >- 3 V� a -o- &! U A -- } 3 ;Z+ i- 1 - ON X G i L: J 3 a:+ a : - z i L•• I J 111) 3 z f O n ..• . jj i' i LJ C i 1 :- J G a a J n to I C a C w L^ w I o > C EA z 0 G z 1 13 A ; f �r Y 1 I L': " L, W '"" `C C *•J -.�-� � L'I O b7 rih.,v 'fit a.z G� CCD a"2i C w .r"a -Z r.; ' §=-Y i �" L , n• C Z7 U Ai D` Psi M i ILL!. C C n; -+ CC 's t: � O i :"J O N, E t c; G0� 0• ccWOC �O i ^�' LL' �D v ) Grac• aMroNID- i i.•i W, 1 !� rj i t w G CD ri V) a) ., k r2 V ri Sri a-: t.' t i w ♦ i Lr: SL ) ; rt T•i X i e + + ' Jy j 1 :'•: !`: r•J i J r•J L`J ry i`i :'•J :'3 I C rr t J 1'J i: w ii/ is i ;•J i r X t f i i � t i w '• 1 1 � co e sC, C O N a T•i jr ,- a rJ i rJ a i` ,• . so >J p rti fl. Iq rJ 1 I i ti ••.; a r. rJ M 4t CO i rJ y , '• ;jjrti ; Q L ! rti !.i � ?� w r i� w w w x Is Y y^^.. !� +r'rj ri N, v N i j.' i ti L•, 1 w -, IN N CO t rti : : w 1 i \ � \ \ x -t -xxX \ i •\• UC -nC, C C C C O C C C C i C V: i 1 i • /• ♦ • /•� /�V • i /� Z i r 'r ; Q C CC o0C,oU t fl J j �^ 7.L+ ; Tj T"1 � ; Ti T1 T'i ri •� Ti 1 r. h i is LL y 1 : r4 j I z v; Ell 41 •.� i i.ii C w I Llr ! L :.1 1n un fV f2 �:, 1 `U .. E •ice •i•' L im. ij L i D r i :'+ F ► L i C L' U; LL . �� I i I rs3 1 Lr, C U� �D � i J C� t`: T+ 3 •'= ! rt I . . . • I I z ! M i i �0 _++ ,0 o (^ ot0D � Olt It- t C i a i —• r: rj N J Z i i ! I i ri i ' ii I , . i { i I i is,, S� L•'? C ca � CW � � *`Jo ! C` 'ri .. + 1 i•" i c ter: t �` i9 i � i` .n �"" W ! C i i_ i i i ! V- r.., O D, N0"C" ED- 10 i 0 y *-� ,`r% I its . . . . i i Y ii i w w + w + w + w + +. i w 4, .*''•. �` i:- L^ li: M r? ti !� i CJ ! I r! r.J � r; ra £: Lrc! � i C • � ; rys , i I � t ' f" J I . . . . . . . . . . U f 2z i ,r"., Ln CC !^. U *^. r+ OD I Z i +- G I r•J IT Q- '^.. �L' b'. r.J' !`- C r•J ! L'7 as i L^• i u, w+ E'JL'` G' I`' i i i.J i Ti T� T'I T! :Y '� i J J 1 r! z z i = I i :L i , � I I !.: } i U it rt.' i U Wc > r _ r r :+: i i5 q, 9:. _ i ^ .*,J L•) i L: 53 • ! c 44 iitii 3 -C- IC � 1 S 3 3) tiit J C r i r.. U 3 Z 'JJ 1 " ! 3 Y 3 . C rrJ Y7 , r'J 0` • �' • i • • • • • • i C 1N LU W iti tom.. Co, M r. '"'• i57 �' L y M w w w w • w r. tp S � i Sia ! Cti ri t:J i': M •3 r j H it i 1 t 1.i ! i S i _ fn i .v e' v^, iCi�i C• �{{•��; � !•'jam: ^,, C• •i; ^� � � i G i , W '� ! •� ! r•1 £j` M !r ?ter.,, � .t; r` r'� ' i r a'i. : , i•: aM.'.' `� l�` S i i 1 L�1 u 3 O , u -, ± ; i ;s i 3 ! 3 ; i 3 L^ •► ; NO CO 0 te.. •• Ort t j'-'j'-'U O r'l ! L^ 4C I -C C Iv r i ,-•t E i ^ r j CaJ :1st+ ; � c !` +�. rt t^ 3;7 �:J � F• i � � 04 L ± ! i 3 " •,moi ! Li '• r - � CL �" G i ice! .V 3 •, '3 L: � � , v M r ± a •, : s r i C c C EiJL: iJi 3 � — J ` J : I REPORT TO CITY COUNCIL Agenda Item• A-6 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 4/10/90 File No: TPM 16-89 From: Henry Engen, Community Development Director }ry SUBJECT: Acceptance of Final Parcel Map 16-89 at 9350 Santa Cruz Road (Lobo Investments, Inc./Larry Pace) to subdivide one parcel containing approximately 9 .63 acres into two (2) lots, one of 4 .00 acres and one of 5 .63 acres in the RS (Residential Suburban) zone RECOMMENDATION: Acceptance of Final Parcel Map 16-89 as all conditions of approval have been met by the applicant. BACKGROUND: This matter was on the Council ' s consent agenda for the meeting of October 10, 1989 , and was pulled and scheduled as a public hearing on October 30, 1989 . Staff was directed to check on response time for emergency services and the .cumulative affect of subdivision activity in the western portion of the City. On November 28, 1989 , findiCnts a�d11subjectrtoetheerzvised conditioParcel ns 16-89 based on the g of approval . HE :ph CC: Larry Pace Lobo Investments Volbrecht Surveys Encl : Location Map OF ATASCADERO EXHIBIT B CITY . , LOCATION AND ZONING MAP "c COMMUNITY DEVELOPMENT DEPARTMENT TPM 16-89 11 RS 1l iO t II ' III s ,p 1 1 s it a �► t J % tt j J/! I S.L.o. County pO ' \� � tat► 10 11 � o �\ , site <►-' c°� i� n � o S .L.0. 1\: � -gyp►' �E4°_ - \`, County 01 2000 ., 44 REPORT TO CITY COUNCIL AGENDA ITEM: A_7 CITY OF ATASCADERO THROUGH: Ray Windsor, City Manager MEETING DATE: 4/10/90 FROM: Andrew Takata, Director Parks Recreation & Zoo Department SUBJECT: REQUEST FOR TEMPORARY STREET CLOSURES - ATASCADERO CRITERIUM - APRIL 29, 2990. RECOMMENDATION: Approve the request for ternpo+-ary street Closures on Apr i 1 `5 , rom b : 3C3 A .M. to 4 :30 P.11. . for the followine streets : A. a=t riali , from _ewis Avenue to Lamino Real 3 . Palma Avenue. from East Miall tc En -tach Entrada Avenue. f?-om Palma Avenue to Lewis Avenue. D. Levsls Avenue. from Entrada Avenue to East Mall 3AC„GREUNL` The , 11 r Annual iltascaderc Cr i ter ium to be held c) AD-, 41 cS, 1990. needs City -,;uncil approval for street closure. Eta f has eouested f"rom the Cal iforn, a Cute Jemar Iment of T ransaortat .on c �tre3!"15 ! the tet,—,—o -ary --losui"e of El Cam.no Rea. f '"OEf Ea mall, to West Mal _ and !'Jest Ma= i , rom El Camino peal tc Lewis A',,,er iuB. AJT: k Cr i4 Attachment L� REPORT TO CITY COUNCIL Meeting Date : 4/10/90 CITY OF ATASCADERO Agenda Item: A-8 Through : Ray Windsor, City Manager From: Department of Public Works SUBJECT: Establishment of a No Parking zone on El Camino Real at the intersection of Santa Rosa Road. RECOMMENDATION: Traffic Committee recommends that Council adopt Resolution No . 38- 90 establishing a No Parking zone as stated above. BACKGROUND: The Traffic Committee has received a requests from both the Police Department and the Street Supervisor requesting additional No Parking Zones at this intersection . DISCUSSION: This intersection was recently improved with a traffic signal and because of this additional No Parking Zones are rectuired for vehicle and pedestrian safety . OPTIONS : 1) Approve Resolution No . 38-90 2) Deny Resolution No . 38-90 3) Return to Committee for review FISCAL IMPACT : The cost of this modification is approximately $200 . 00 to be paid out of currently budgeted funds . Attachments : Resolution No . 38-90 Diacrram VJH/vj h 4/2/90 RESOLUTION NO 38-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING NO PARKING ZONES ON EL CAMINO REAL AT THE INTERSECTION OF SANTA ROSA AS SHOWN ON EXHIBIT A WHEREAS, Section 4-2 . 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas , 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 . ! t 1 I i erx,sT#msi 1 I 11111 177 loot New ��CRB i , • CUSS i ���,� � r Gufta �ED I i I i REPORT TO CITY COUNCIL Meeting Date : 4/10/90 CITY OF ATASCADERO Agenda Item: A-9 Through : Ray Windsor , City Manager From: Department of Public Works SUBJECT: Establishment of a No Parking zone on E1 Camino Real 150' north of the entrance to the Villa Margarita Mobile Home Park. RECOMMENDATION: Traffic Committee recommends that Council adopt Resolution No . 37- 90 establishing a No Parking zone as stated above . BACKGROUND: The Traffic Committee has received a request from the manager of Villa Margarita to consider establishing a No Parking zone north of their driveway to eliminate sight problems . DISCUSSION: Through a field review and discussion with the Street Department Supervisor it was determined that by eliminating parking for 150' north of the driveway sight distance would be improved. OPTIONS: 1) Approve Resolution No . 37-90 2) Denv Resolution No . 37-90 3) Return to Committee for review FISCAL IMPACT: The cost of this modification is approximately $100 . 00 to be paid out of currently budgeted funds . Attachments : Resolution No . 37-90 VJH/vjh 4/2/90 RESOLUTION NO 37-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON EL CAMINO REAL 150' NORTH OF THE ENTRANCE TO VILLA MARGARITA WHEREAS , Section 4-2 . 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas , 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 REPORT TO CITY COUNCIL Meeting Date : 4/10/90 CITY OF ATASCADERO Agenda Item: A-10 Through : Ray Windsor . City Manager From: Department of Public Works SUBJECT : Establishment of a No Parking zone on Capistrano from the Caltrans Park-And-Ride to the north edge of the Hotel Park property . RECOMMENDATION: Traffic Committee recommends that Council adopt Resolution No . 39- 90 establishing a No Parking zone as stated above . BACKGROUND: There is considerable commerical development in this area and traffic can be expected to increase substantially . There will be ample on-site parking provided for all developments and on-street parking would only add to traffic congestion in this area . DISCUSSION: It is the opinion of the Traffic Committee that eliminating all on street parking in this area will not result in parking deficiencies but will create a less conaested travelway . OPTIONSy 1) Approve Resolution No . 39-90 2) Deny Resolution No . 39-90 3) Return to Committee for review FISCAL IMPACT : The cost of this modification is approximately $200 . 00 to be paid out of currently budgeted funds . Attachments : Resolution No . 39-90 VJH/v.j h 4/2/90 RESOLUTION NO. 39-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING NO PARKING ZONES ON CAPISTRANO AVENUE FROM THE CATRANS PARK-AND-RIDE TO THE NORTH END OF THE HOTEL PARK PROPERTY AND TO ELIMINATE EXISTING 2 HOUR PARKING ALONG THE BANK OF AMERICA PROPERTY WHEREAS , Section 4-2 . 1101 et sequence of the Atascadero Municipal Code allows the Citv Traffic Enaineer to desictnate No Parking areas , and to place and maintain appropriate signs or markings indicatina 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 ; and WHEREAS . it has been determined that the existing_ 2 Hour parking zone is no longer warranted. 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 herebv adopted in its entirety on the foilowina roll call vote : AYES : NOES : ABSENT: ADOPTED: ATTEST : CITY OF ATASCADERO LEE DAYKA, Deputy Citv Clerk ROLLIN DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ARTHER MONTANDON HENRY ENGEN Citv Attornev Director of Communitv Development • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-11 Through: Ray Windsor, City Manager Meeting Date: 4/10/90 From: Gary R. Sims, Senior Engineer SUBJECT: Proposed Establishment of a Minimum Road Standard With Asphalt Dikes RECOMCENDATION: 1. Adopt resolution 46-90 establishing a minimum road standard as delineated in drawing A-2, "Minimum Road Standard With Asphalt Dikes. " . BACKGROUND: The City Department of Public Works continues to prepare published design standards in order to set a minimum level of quality for public works construction projects. This accomplishes the following goals. 1. Published standards provide the designer with design goals and the reviewer with a set of standards by which the design can be judged. 2. The drawings set minimum safety standards for the community, particularly involving traffic lane and shoulder width and road surface characteristics. They allow the City Council to establish the City' s risk position regarding roadway related issues. 3. Published standards free the City staff from having to "negotiate" the nature of improvements for each project. When significant changes from the standards are requested by developers, requests for exceptions can be resolved by the Council rather than through negotiation with the engineering staff. 4. Map Act related conditioning by the Planning Commission almost always refers to the completion of designs and improvements according to the "City Standards. We are stating what the "City Standards" are. DISCUSSION: The City staff currently refers to minimum road standard A-1 when identifying improvements to impose on development projects located in the City' s rural residential areas. Experience has demonstrated that certain roadways require the installation of asphalt dikes for the following reason. 1. Roads characterized by significant slope parallel to the road alignment suffer from excessive shoulder and bank erosion. This is the result of excessive velocity of the water flowing along the edges of the roadway. 2. Some roads constructed in areas featuring sandy soil would benefit from having asphalt dikes to impede the flow of sand onto the road way. Asphalt dikes located at the base of cut banks help support the cut banks. 3. Easily erodible soils adjoining the paved roadway can be protected from erosion. This is particularly important on the fill side of the roadways. 4. Roadways featuring a large amount of water flowing along the street would benefit from having the water contained within a non erodible surface area (paved) • until the water can be directed away from the road through a drainage facility. Will streets constructed under this standard look exactly like this standard? No. Drainage improvements require some modifications depending on the site characteristics. Street widening will be required on tight radius curves. It is likely that some cut banks and fill slopes will be steeper, depending on the soil type that is encountered. It is conceivable that the slopes may be steepened to save a significant rock outcropping, or a tree in compliance with Resolution No. 59-89, "Resolution of the Council of the City of Atascadero Establishing a Policy Addressing the Conflict Between Roadway Construction Within Original Colony Road Alignments and Tree Preservation and Protection. " If it is proposed that the basic road cross section be less than the two 10 foot wide traffic lanes with 3 foot wide shoulders bordered by an asphalt dike, then City Council direction will be requested. The reason for this is, in the engineering staff' s opinion, a smaller cross section would significantly increase the hazard to the traveling public and thus increase the City' s liability. OPTIONS: 1. Approve the road standard as presented. 2. Return the road standard for modification. FISCAL IMPACT: The initial cost of road construction will be increased. The long term cost for maintenance will be significantly decreased. Enclosures: Proposed Resolution 46-90 Minimum Road Standard With Asphalt Dikes, A-2 RESOLUTION NO. 46-90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING A MINIMUM ROAD STANDARD FOR THE CONSTRUCTION OF PRIVATE AND PUBLIC ROADS WITH ASPHALT DIKES WHEREAS, excessive erosion along roadway shoulders continues to be a common problem requiring maintenance attention; and WHEREAS, the expense of roadway shoulder maintenance represents a significant cost to the City; and WHEREAS, by requiring the construction of roadways with asphalt dikes, in areas featuring significant slopes, erodible shoulder materials and/or excessive concentration of runoff, maintenance expense can be significantly decreased; and WHEREAS, to protect the health and safety of the traveling public; NOW, THEREFORE, BE IT RESOLVED THAT: The minimum road standard for the City of Atascadero for the construction of both private and public roads with asphalt dikes shall be as delineated on the attached Drawing No. A-2 titled "Minimum Road Standard With Asphalt Dikes. " The City Engineer shall be authorized to make minor deviations from Drawing No. A-2 to accommodate changes in material specifications, varying conditions, and to comply with Resolution No. 59-89, "Resolution of the Council of the City of Atascadero Establishing a Policy Addressing the Conflict Between Roadway Construction Within Original Colony Road Alignments and Tree Preservation and Protection. " 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 GREGORY LUKE City Attorney Director of Public Works i Revisions Approvals Descri tions B Date A roved Council Resolution No. 46-90 I I I 1. Asphalt dikes and paved shoulders shall be installed where needed to control drainage or erosion as determined by the City Engineer. 2. The Traffic Index shall be determined by the City Engineer. The minimum Traffic Index shall be 4-1/2. 3. The pavement and aggregate base thickness shall be determined according to the Coltrans "Highway Design Manual", Section 608.4 and shall include the appropriate gravel equivalent safety factor. 4. Asphalt dike shall be installed according to the detail shown below. * 5. As an alternate, the two foot wide choker may be eliminated and the aggregate base carried to the hinge point. 6. Asphalt Concrete shall conform to the requirements for Type B Asphalt Concrete as specified in Section 39 of the Coltrans "Standard Specifications". 3/4 inch maximum aggregate shall be used, or 1/2 inch maximum aggregate may be used if approved by the City Engineer. 7. Aggregate Base shall conform to the requirements for Class 2 Aggregate Bose as specified in Section 27 of the Caltrans "Standard Specifications". Class 3 aggregate base may be used if approved by the City Engineer. 8. Cut and fill slopes shall be hydroseeded with a mix and at a rate approved by the City Engineer unless waived by the City Engineer. 9. The Contractor is responsible for the proper resetting of all existing monuments and other survey markers located within the section of road under construction. Monuments and survey markers shall be reset according to the City "Standard Street Monument" drawing M-1. 10. A City Road Construction Permit shall be obtained before the construction of any private or public road. 11. Additional lone width will be required to accommodate small radius curves. TYPE "B" A.C. j Or !'Pt Fi01", A.C. DIKE DETAIL MIN.2'_ MIN —2% 2" Minimum Type "B" A.C. Class 2 Agg. Bosei�o,o��of(ei 13' 13' —■— 32' CITY OF ATASCADERO sca.E ENGINEERING DIVISION NO SCALE DRAWING N0. T ' TASC DEMINIMUM ROAD STANDARD Q A - WITH ASPHALT DIKES .0/1► REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Sten: A-12 Through: Ray Windsor, City Manager Meeting Date: 4/10/90 From: Henry Engen, Community Development Director 444, SUBJECT: Proposed amendment to Business Improvement Association By-laws. RECOMMENDATION: Accept the By-laws Amendment as approved by the BIA Board of Directors . BACKGROUND : The Downtown Parking and Business improvement Area Ordinance re- quires that the Business Improvement Association adopt By-laws "which By-laws shall be subject to approval by the City Council of Atascadero" . The attached draft By-laws were recently approved by the BIA and require acceptance by the City Council . ANALYSIS: The accompanying draft highlights changes approved by the BIA in "fine-tuning" their By-laws. The primary revision was to call for elections in June, with board members to take office in July. This puts the BIA Board election in harmony with the City' s fiscal year. In addition, under the past By-laws, the election of officers was held in December, which is the least convenient time for most of the BIA membership. HE-ph Enclosure: By-laws of the Atascadero BIA - with revisions CC : John Himes, President BIA • BYLAWS Of THE ATASCADERO BUSINESS IMPROVEMENT ASSOCIATION ARTICLE I. STATUTORY AUTHORITY: NAME SECTION 1.1 This organization is established pursuant to Section 3-11.01 of the Atascadero Municipal Code, and shall be known as The Atascadero Business Improvement Association or, simply, the BIA. ARTICLE 11. PURPOSE SECTION 2.1 The BIA is created to implement these specific purposes: a. To provide adequate parking and traffic circulation within the defined area. b. To work towards the overall beautification of the defined area. c. To coordinate promotional activities for all businesses within the the defined area. d. To act as a representative body for all businesses within the defined area. ARTICLE III. MEMBERS SECTION 3.1 Classification of Members. The Association shall have one class of members only, and each member shall have one vote and other equal rights. SECTION 3.2 EligibiI4. Membership shall be comprised of all holders of active city business licenses within the defined BIA boundaries. All businesses, persons or institutions doing business within the BIA boundaries that are exempt from the payment of the business license tax shall also be members. Any business, person or institution owning property within the defined BIA boundaries shall be permitted to voluntarily associate as a member. SECTION 3.3 Boundaries. The boundaries of the BIA shall be as set forth in Section 3-11.02 of the Atascadero Municipal Code. A copy of the boundary map is attached hereto as Exhibit W. ARTICLE N. DIRECTORS SECTION 4.1 Government / Number. The government of ttw BIA shall be vested in, and the business conducted by, a board of nine (9) Directors who shall be members in good standing and serve without salary. Collectively, the Directors shall be known as the Board of Directors. SECTION 4.2 Function. The Board of Directors, in carrying out the purposes of the BIA, shall advise and recommend policy to the Atascadero City Council. SECTION 4.3 Terms of Office. So that there will be continuity from year to year, one third (1/3) of the directorships shall be voted upon each year. An elected Director shall hold office for a term of three (3) years. In no event, however, shall a Director hold office for more than two (2) consecutive terms without a lapse of one (1) year as a member of the Board. SECTION 4.4 Removal of Directors. Any Director may be removed and replaced by a vote of at least seven (7) members of the Board of Directors. *** SECTION 4.5 Vacancies. Vacancies on the Board of Directors shall exist on the death, resignation, or removal of any Director. Any such vacancy shall be filled by appointment for the unexpired term by the President with the approval of f..v. mie€ bers;oftheBoi (CHANGE TO READ:. ...a majority of the remaining Board members.) SECTION 4.6 Absentees. The unexcused absence of a member of the Board from three (3) consecutive regular meetings, or five (5) meetings in a calendar year, and recorded by the Board, shall be deemed by the Board as that member's resignation from the Board. *** SECTION 4.7 Nominations. In :-Oc€o e.>of each year, the President shall select a ..................... ...................... Nominations Committee composed of at least three (3) regular members of the BIA in good standing, who may or may not be Board members, securing the concurrence of the Board in their appointment. (CHANGE TO READ: ...March...) *** SECTION 4.8 Official Ballot Promptly upon being appointed, the Nominations Committee shall proceed to the selection of candidates for membership on the Board of Directors for the ensuing year, and shall prepare a list of such candidates in a number equal to at least the number of vacancies to be filled, securing the consent of those members selected in each instance, and reporting the completed list to the Board at its regular Novbdr- meeting. The Board shall then cause a ballot to be prepared showing the full list of candidates and the names of their businesses. Said ballot shall contain additional spaces for possible write-in candidates and voting instructions on the ballot indicating the number of vacancies to be filled. (CHANGE TO READ: ...May...) *** SECTION 4.9 Annual Election. Within seven (7) days after the Nove�t er'smeeting of the Board of Directors, the Official Ballot shall be mailedo teach' member of the BIA, to be returned on or before 5:00 p.m. on a date specified by the Nominations Committee. • (CHANGE TO READ: ...May...) *** SECTION 4.10 Election Results. Returned ballots shall be canvassed by the Nominations Committee and reported at the regular meeting of the Board of Directors in D666fi!bet.for verification of results. The new Board members shall take their positions in jarxkwinext following. ' (CHANGE TO READ: ...June...July...) ARTICLE V. MEETINGS SECTION 5.1 Regular. The Board of Directors shall meet at least once each month at a place and time determined by the Board. I SECTION 5.2 Special. Special meetings may be called by the President or three (3) Board members when deemed necessary. *** ma or SECTION 5.3 Quorum. A v �io `{ - j ity of the authorized number of Board members shall constitute a quorum at any Board meeting. (DELETE - CHANGE TO READ: A majority of the authorized...) SECTION 5.4 Annual Meeting. At least one meeting of the total membership of the BIA will be held each calendar year. ARTICLE VI. OFFICERS SECTION 6.1 Number and Titles. The Officers of the Association shall be a President, a . Vice-President, a Treasurer, and a Secretary. Each of said Officers shall be a member of the Board of Directors. *** SECTION 6.2 Election. The new Officers shall be elected at the tecei €beimeeting of the Board of Directors. ........:..:............. (CHANGE TO READ: The new Officers shall be elected at the June meeting of the Board of Directors by a majority vote of the authorized Directors.) *** SECTION 6.3 Term. Officers elected shall take office at the first regular meeting of the Board of Directors in jaeua: : and shall serve until the first regular meeting in J.W0Wv of the next year. ................ ..................... (CHANGE TO READ: ...Juy...July...) SECTION 6.4 Duties of the President The President shall be the chairperson of the Board of Directors and shall be the executive head of the BIA, shall preside at all Board meetings, and shall either represent or appoint a representative to all functions where the BIA is to be represented. The President shall, subject to the approval of the Board, appoint all committee chairpersons and he/she shall be an ex-officio member of all committees. SECTION 6.5 Duties of the Vice-President In the absence or disability of the President, the Vice-President shall carry out all of the responsibilities and functions of the President and shall have the same powers and be subject to the same restrictions as the President. The Vice-President shall have such other powers and perform such other duties as from time to time may be 0 prescribed by the President or the Board of Directors. *** SECTION 6.6 Duties of the Treasurer. The Treasurer shall be the Chief Financial Officer of the BIA. (ADD - CHANGE TO READ: The Treasurer shall be the Chief Financial Officer of the BIA, and shall serve on the Budg& Committee.) *** SECTION 6.7 Duties of the Secretary. The Secretary shall record accurate and timely minutes of the Board meetings ar 'be responsible for mailing notices of meetings and the ballot for election of Officers. (DELETE/ADD - CHANGE TO READ: The Secretary shall...; and keep a file of all committee and correspondence records.) ARTICLE VII. DCECUTIVE COMMITTEE SECTION 7.1 Members. The Executive Committee shall be composed of the President, the Vice-President, the Treasurer, the Secretary, and the immediate Past President, so long as the latter continues to serve on the Board of Directors. If the immediate Past President's term on the Board has ended, then such vacancy on the Executive Committee may be left vacant or filled by appointment of the President with the approval of the Board. SECTION 7.2 Duties. In the interim between meetings of the Board, the Executive Committee shall conduct the non-policy business affairs of the BIA. ARTICLE Vlll. ADMINISTRATION with the consent of a major' of the SECTION 8.1 Administrator. The Board of Directors, l majority voting membership, may choose to employ an Administrator or Executive Secretary to assist with the routine business affairs of the BIA. The Administrator shall serve at the pleasure of the Board of Directors, subject to a contract agreement between the Administrator and the BIA. The Administrator shall be selected through an application and screening process approved by the Board. ARTICLE IX. FINANCES *** SECTION 9.1 Funding. Funding for the BIA shall be derived from an assessment i"qu tatertt to a percerttage of t e Ctty > usif i sLcefee !ac . .s.e........, . Iicer�se bolder, �n #rte €Q fiormula >i€i»1:986 ................................ < t2°1 "987 ................................ ................................ ................................ .........::::::: (DELETE/ADD - CHANGE TO READ: Funding for the BIA shall be derived from an assessment equal to the current City Business License fee. Persons, businesses and institutions exempt from paying the City Business License fee shall be assessed i t is oIk Ir rate;;subject to the above ............tTar raze shall be the sdme as the cuzre>zzi .iRususess Lrcenre fee LETE ANGE (DECHTO READ: Persons, ....exempt from paying the City Business License fee shall be assessed subject to the above.) *** A fee for voluntary membership by persons, businesses, or institutions which own property within the BIA boundaries will be established by the Board of Directors in ?ecd ribber for the following year. (CHANGE TO READ: ...June...) ' *** SECTION 9.2 Budget The BIA shall operate on a fiscal year basis ending on June 30 of each year. The budget (orte---ftscafyear`shall be approved by the Board of Directors and presented to the ity..Council for ratification. (ADD - CHANGE TO READ: The budget for the next fiscal year shall be approved by the Board of Directors and presented to the City Council for ratification by June 1st) ARTICLE X. COMMITTEES *** SECTION 10.1 Standing Committees. In addition to the Executive Committee of the Board of Directors, the BIA shall have the following standing committees: a. Parking b. Beautification c. Promotions d. Budget e. Nominations (ADD: f. Newsletter, g. Publicity; It City Liaison) *** SECTION 10.2 Appointments. Immediately upon taking office, the President shall appoint, or cause to be appointed, committee chairpersons, subject to approval by the Board of Directors; providing, however, that chairpersons for the Budget Committee and Nominations Committee need not be appointed before the March meeting ale! f3cfbbe 8aard rhee€� g, rspectxver (DELETE.) SECTION 10.3 Ad Hoc Committees. The President shall appoint special committees as may from time to time be needed, or as may otherwise be provided elsewhere in the Bylaws, or with the approval of the Board of Directors. SECTION 10.4 Limitations of Authority. No person or committee shall have the power to commit the BIA to any financial or policy obligations without prior approval from the Board. SECTION 10.5 Chairpersons. Committee chairpersons shall select the members of their committee upon the advice and consent of the President. It shall be the responsibility of the appointed committee chairperson to prepare agendas and keep minutes of all duly called meetings, and to keep himself/herself apprised of the current, approved, operating budget and to operate within these areas on the matter of finances. Upon conclusion of the annual fiscal year, or upon termination of the committee, whichever is sooner, a final report for that previous period of operation must be submitted to the President of the BIA. ARTICLE XI. MISCELLANEOUS SECTION 11.1 Amendments. These Bylaws may be amended by a two-thirds (2/3) vote of the Board members. Any proposed amendment must be submitted at least fourteen (14) days prior to a scheduled Board meeting. Such proposed amendment(s) must then be mailed to every Board member by the Secretary in time for consideration at the next regular Board meeting. SECTION 11.2 Voting. When voting by the membership is required, a ballot must be mailed to each member. The ballots must be returned within ten (10) days of the date ballots are mailed. A majority of the ballots returned shall determine the issue. SEO=W1_ :3 pfer�eracan.<:»> t Bylvus S€� I(. ±ecrtt efec> r up+o�n fete frrttaGa) .........................:.............................:..............:........................:....:.....:.:.:.....:....:.......:..::....................:..:............................................................... ti <l3 .: pr eseitatio :tieiitie (DELETE ENnRE SECTION) *** SECTION -1.`.-1--.'_4 Omer. All meetings and business affairs shall be conducted by Robert's Rules of Order, except as may otherwise be inconsistent with these Bylaws, in which case the Bylaws shall govern. (CHANGE Section No. to 11.3) -MEETING AGENDA DATA 4I1 QL9.o iTEm i A_13 RESOLUTION NO. 44-90 CITY OF ATASCADERO WASTE REDUCTION AND PROCUREMENT POLICY RESOLUTION WHEREAS, local landfills are rapidly reaching capacity and siting new landfills is becoming increasingly difficult; and WHEREAS, most of the material that enters the waste stream can be recycled, reused or incorporated in the manufacture of new products; and WHEREAS, City participation in and promotion of recycling and waste reduction programs sets a positive example for local residents and businesses while significantly reducing the amount of material entering the landfill; and WHEREAS, for recycling programs to be successful , markets must be developed for recycled products; and WHEREAS, AB 939 requires local governments to divert 250 of solid waste from landfills through source reduction, recycling and composting by 1995 and another 25% by the year 2000; and WHEREAS, AB 4 requires that local agencies buy recycled products that meet specified criteria and allows purchasing pref- erences for recycled products; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows : 1 . Within six months of the adoption of this resolution, all City departments must conduct a review of existing product and service specifications to determine whether they require the use of products manufactured from virgin materials or exclude the use of recycled, recy- clable or reusable products . 2 . In the event such specifications exist, they must be eliminated unless it can be demonstrated to the sat- isfaction of the City Manager that the recycled, recyclable or reusable products would not meet the necessary performance standards . 3 . Within the same six months, all City departments must recommend necessary changes to the City Manager to • ensure that performance standards for particular prod- ucts can be met and that specifications are not overly stringent. All product specifications should include a requirement for the use of recycled, recyclable and reusable materials to the maxiumum extent practicable, RESOLUTION NO. 44-90, contTd) subject to an alternative showing that the performance of the product will be jeopardized or that the product will negatively impact health, safety or operational efficiency. 4 . Outside contractors bidding to provide products or ser- vices to the City shall comply with the requirements set forth in this resolution. 5 . when recycled and recyclable products are used, reason- able efforts shall be undertaken to label the products accordingly. 6 . 'A 10% price preference may be given to recycled prod ucts, reusable products offered as alternatives to dis- posable products , and products designed to be recycled where they are offered as alternatives to non-recycla- ble products . This price preference can be increased for specific products at the discretion of the City Manager. 7 . The City will cooperate with neighboring cities and other governmental agencies in developing a comprehen- sive purchasing strategy intended to stimulate the market for recycled, recyclable and reusable products . 8 . All City departments shall cooperate to further the purposes of this resolution. The Recycling Committee shall offer assistance in the implementation of this resolution. 9 . Existing inventories of products manufactured from virgin materials or materials not recyclable or other- wise reusable should continue to be used in a prudent manner until said inventories are depleted, at which time they will be replaced with products conforming to the requirements of this resolution. On motion by Councilmember seconded by Councilmember , the foregoing resolution is adopted in its entirety on the following vote: AYES: NOES: ABSENT: 2 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Ray Windsor, City Manager Meeting Date: 4/10/90 From: Henry Engen, Community Development Director y SUBJECT: ConsiderationofFiscal Planning Model Services. RECOMMENDATION: Authorize the City Manager to negotiate and enter into a contract with Crawford, Multari and Starr to prepare the Long-Range Finan- cial Analysis and General Plan Policies review component of their proposal for a Fiscal Planning Model for the City of Atascadero (Task 3) at a cost not to exceed $40,000. BACKGROUND: On September 9, 1989, the City Council concurred with the City Manager' s request to authorize soliciting proposals for prep- aration of a Fiscal Planning Model which would generate an information data base, a permit tracking system, provide long- range analysis of the City' s economic base as related to General Plan policies, and concluding with an integrated fiscal impact model for assessing development projects . Three (3) firms submitted proposals by the December deadline: Crawford, Multari & Starr (then known as Studio Design Group) , Christensen & Wallace, and Angus McDonald, Inc . These firms were invited to an oral board interview, which was held on January 19, 1990. The oral board consisted of Don Hanauer, Dan Price, Jim Horton, Councilman Alden Shires, Mark Joseph and Henry Engen. The City Manager oversaw the process. The strong recommendation of the oral board was to recommend for Council consideration the pro- posal by Crawford, Multari & Starr. Subsequently, Council met in a study session on March 29th with the consultants, and gave direction to staff to bring this matter to the Council for consideration of a staff recommendation at your April 10, 1990 meeting. ANALYSIS : Referenced in the attached summary presentation outline, the work program summary indicates a total potential program cost of $117 , 00 under single contract versus up to $152,000 if each seg- ment was done on its own. In looking at the work proposed in relation to other City priorities and commitments, it appears that the most fruitful point of beginning - and one which the consultants would concur - would be to begin the Long-Range Financial Analysis and General Plan Policies review set forth as Task 3 for a maximum fee of $40, 000. The advantage of this approach, is that it is timely with respect to the General Plan Update, and also looks at our long-range capital improvement program and the adequacy of development fees. It also is the least demanding in terms of day-to-day commitment of staff time. In contrast, Task 1 would require a significant commitment of staff or contract resources to input the data necessary for the geographic-based information system. Also included in the attachments are an outline of the work which would be undertaken as part of the Task 3 Program. It should be noted that Tasks 3 & 4 are "natural pairs" , as are Tasks 1 & 2 . It is recommended that staff be authorized to enter into a con- tract for the undertaking of Phase 3 work in an amount not to exceed $40,000, which provides for a minimum initial retainer with tasks reimbursed as completed. The consultants have indicated that they are flexible in terms of being receptive to having most of the costs incurred as part of the next fiscal year' s budget. Hence, work could commence in the near future in anticipation of full funding of this project as part of next year' s budget action. A representative of the consulting firm will be in attendance at your April 10th meeting should there be any further questions by Council . HE-ph Enclosure: March 29, 1990 - Presentation Outline RFP Excerpt Task 3 : Long-range Financial Analysis and General Plan Policies cc : Crawford, Multari & Starr Crawford Multari & Starr Proposal to City of Atascadero for Fiscal Planning Model Presentation Outline March 29, 1990 Our Approach • create a local team of professionals from the fields of land use, financial planning, computer modeling, data base development and fiscal impact analysis • Employ a multi-disciplinary approach • Use our experience with other projects as the base for this work while customizing it to meet the special needs of Atascadero • Maximize cost-effectiveness and sensitivity • Design programs for use on pc's. The programs will be - flexible - easy to use - easy to update and maintain . - useful in their application over time • Include significant time for training • Provide procedures manuals Advantages • Extraordinary breadth of experience and ability • Increased efficiency and availability because we are nearby • Special awareness of and sensitivity to the needs of Atascadero • All professional work will be done by the principals • Extensive, "hands-on" local government experience • Excellent presentation skills I Atascadero Fiscal Planning Model Presentation Outline March 29,1990 Scope of Work Based on the RFP and discussions with City staff,the team identified four principal tasks that the City would like accomplished through the work program: First, a geographic information system, that is, an automated data base which will correlate a variety of information to parcels in the city. Second, a program to keep track of the status of active permits. This program should be linked to the main data base created under the first task. Third, a long range financial analysis which will assess the City's financial condition between now and build-out under the General Plan. This task involves evaluations of expenditures and revenues, capital needs and financing options, desired levels of service, fees and other development related revenues, and the land use mix called out by the General Plan. This analysis will be used to formulate recommendations on each of-the areas of concern (capital program, fees, level of service, expenditures and revenues) as well as fiscal planning policies for Inclusion in the growth management section of the Generalral Pian. Fourth,a computerized, integrated fiscal impact model to assess the cost/benefit impacts from various types and levels of growth. Team Members Michael Multari, Principal of Crawford, Multari & Starr, and former Community Development Director in the cities of San Luis Obispo; his expertise is in long-range planning and policy development. Dr. Steven French, professor of City and Regional Planning at Cal Poly; his work has focused on computer applications,geo-based information systems and fiscal analysis. Dr. Prem Pangotra, professor of City and Regional Planning at Cal Poly; his work has focused on municipal finance,financial planning and computer modeling. Stephen Nukes, president of Stephen Nukes and Associates, a consulting firm specializing in economic analysis and strategic planning. Paul Crawford, Principal of Crawford, Multari & Starr, and former Planning Director of the County of San Luis Obispo; he is an expert in computer applications to planning. • Crawford Multari & Starr planning - architecture - public policy :l t a s c a d e r o Fiscal Planning Model Proposal m N C O O O 9 E E E m m C ca co to 4 m ^ Cn • r m m f•- N L y m L L i'th m L CF`= a a o m E m E n Q � `-►' O NIN CO m p Q O C O o � ab 0 — 0 � N O ' U 0 0 O O N O OO .3c O N r a W tl9 O � O N 60 � CD N H E o y m N O N L O N C C. m A E C C @ C " = — N N y to m N C 0 r0 NX y C N U Of U O © ^ ° C 7 ° m E U U3C `a H o O m E O V E QAC E c6 ,� � � E O C_ E C- — ca to m > o Cm is S moa = H to ¢ o U) o o u) E .9 U 'm cn - Y c 3 m c c °a m N m CO m m O N 62 aErn o'= me Z" j y C^. ca y CCDca m 0 V C m C E U N C C O -O N•— C m fa C m O E vJ E 0 o o N c_ v e y @ N C D m y E c c C C C mO� CL - o>;° �� �`-0 v�m m a�ca m CO o ° E E O E o y m m m C °° o •6 > E c c E m 'C °d— m U 0 C m m •C O m °v mQCD QcmCL U) c' E6E aN vm EU E CZ -Y m m C 0- mU om c cEmE ° 6.() - t- E mmQ m mUC7 ` Zo UU o mn mtL L) Q. U n `o O � Cj O C N o CO iT > C U > Y S m y m m N Y m C lL lL �O > c' C V C ca QI Q -0 O �� F•• ° ami ° E C a Ca a E .. W tr � a' m UE`oma E Cmtmm m y CD cc m m N •. ° C o cm7 �an ra = c LL-ji E �CL% oa Y N C7 Q A x F— SD(; architccutrc.planning and public policy 14 Atascadeio Fiscal Planning Model Proposal Task 3: Long Range Financial Analysis and General Plan Policies (RFP:Study Outline Items #2, 3, 4, 5, 6) Description and Discussion ! The consultants will prepare a financial analysis for Atascadem which will assess the fiscal status of the City !; from now unti! build-out,considering the updated General Plan, capital improvement needs, desired levels of service, trends in revenues and expenditures, and fees and related funding derived directly from j new development proposals. The analysis will be used to make recommendations in all of these areas, along with policies for inclusion in the General Plan's growth management section articulating the City's financial philosophy and establishing prudent fiscal policies. This work will also provide the basic framework for the integrated fiscal impact model asked for by the City and discussed as Task 4, below. The following describes the general approach envisioned by the consulting team: . The consultants will need to prepare a projection of long term expenditure and revenue trends, both for the operating budget and capital improvements. In order to accomplish this, we will need to assess the General Plan build-out; expected capital facilities needs;desired or, at least, minimally acceptable levels of service; and existing fees and other funding sources tied directly to new development. Much of this i information will come from recent budgets, the current CIP and discussions with the City. These discussions will include management staff and, if desired, key mid-management staff and a subcommittee of the City Council. f First,we will prepare a long term capital improvement schedule which will list the type, size,timing and estimated cosi of all major capital improvements needed to serve the "built-out"City. The schedule will ' take into account that such facilities must be available after some threshold is crossed, and that in most cases, these facilities can not be provided on an incremental basis (eg:the city can not build a tenth of a fire station each year for ten years...although the financing can be spread out,the facility needs to be ! added to the City's inventory in its entirety to maintain a certain level of service). !1 l Next, based on discussions with the City(and here City Council input may be particularly helpful),we will ascertain desired and minimally acceptable levels of service. The focus will be on emergency response but other service areas may include road characteristics and traffic capacity. These will be correlated to both to the capital improvements schedule and operating expenditures projections. SDG architecture,planning and public policy 9 1 r Alascadero Fiscal Planning Model Proposal The consultants will then review existing fees and other revenues directly tied to new development. This will not only include a simple cost reoovei: analysis for Atascadero but also comparison checks with other jurisdictions. Meanwhile, expenditures and revenues will be correlated with land use and will be projected, based on build-out under the updated General Plan. Information about the capital improvements, levels of service and fees,derived from the above-listed analyses,will be used to adjust these projections to better match F real conditions, rather than relying strictly on simple extrapolations of recent trend lines. We will also adjust these projections based on analysis of expected development patterns, types of uses that might be actually built, expected local economic conditions during the time frame of build-out and other variables such as the Gann limitation. The consultants will then model the city's financial picture at build-out. Based on this preview,the City will be able to see if capital improvement needs and operating expenditures can be met considering the level of service expectations,fees and other revenue projections. Potential problem areas will be highlighted. We will specifically analyze how growth under the General Plan will affect level of service given revenue projections. Furthermore,the model will be able to be adjusted for different mixes of land use to see if an alternative General Plan would significantly affect the long term fiscal picture. Also, given a certain level of service,we will analyze how much those services will cost and if revenues can pay for them. Recommendations on revenues in general, development related fees in particular, levels of service and capital facilities needs and funding strategies will be presented in report form. (Note that this work is a large part of the framework for the integrated fiscal impact model described in Task 4, below.) Next, in conjunction with the City,the consulting team will develop recommendations for General Plan policies related to the long term financial health of the community. Policies can address the city's philosophy towards financing new growth, approaches to cost recovery, and basic approaches to financial management. Examples of issues include cost recovery for new development, type and timing of new development in the context of growth management, CIP priorities and funding strategies, fees and other revenues, levels of service, investment philosophy, and approach toward debt. The scope of policy f development will be derived largely from the City. Here, not only will management staff participation be essential, but City Council input will also ae very helpful ii The consultants will be available to present the analysis and recommendations to the Planning Commission and City Council(two meetings each). SDG architecture,planning and public policy 10 Atascadero Fiscal Planning Model Proposa. The consultants will also develop a basic fee analysis program through which development fees can be periodically re-assessed and adjusted. Task 3 can stand alone and is not contingent on any other aspect of the work program being approved under this contract. Products of Task 3 • A long range financial analysis based on a fiscal model of the City at build out,with the ability to test different assumptions about land use, fee schedules, levels of service, capital needs, j among other variables. 1 • Elements which go into performing the analysis, and which will be broken out in an accompanying report, are the following: i A schedule for capital improvements for build-out including type, size (capacity), timing I and cost for major facilities. Recommendations on capital improvement pian to build-out, both facility needs and I possible funding strategies. Analysis and recommendations on developer fees. A program for simply assessment of the adequacy of fees and method for adjustment. s Analysis and recommendations of levels of services. Analysis and recommendations on the tax base considering projected land use mix, Gann limitations, local economic projections. • Recommended General Plan policies to help guide the city's long term financial health. i • Presentations to the City Council and Planning Commission Responsibilities of the City • Make available existing and recent budgets, CIP's, tee schedules, General Plan, land use inventory and other data related to city growth and finances. • Meet with consultants to ascertain best estimates of capital needs,levels of service expectations, and to help develop General Plan policies. Time Frame • Six months from date of approval of contract. St4;it • $40,000 SDG architecture,planning and public policy r MEETING AGENDA DATEJ,.�n ITEM# Q-2(A_&BJ, WRIGHT Sc SANDERS A LAW CORPORATION LL. AM O. WRIGHT IRETIREDI 5950 ENTRADA AVENUE Lip � - ' "' ' TELEPHONE IT R. SANDERS 0ATASCADERO. CALIFORNIA 93422 1B 051 n66-9026 March 27, 1990 Hand-Delivered The Honorable Mayor Rollin Dexter and Members of the City Council City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mayor Dexter : On behalf of Wil-Mar Disposal Company, Inc. , I request that you approve the rate increase which we have proposed to your staff , necessitated by the increased tipping fees at Chicago Grade Landfill . The increased tipping fee rates have been imposed as of March 1 , 1990, a fact which causes this request to be most urgent . We would further request that the Council adopt mandatory garbage collection within the city limits of the City of Atascadero. We feel this service is long overdue, particularly in light of the newly enacted State laws on mandatory solid waste stream reduction. This prodigious task which has now been imposed upon the City cannot be logically accomplished without mandatory collection. A sound and equitable curbside recycling plan can be implemented only with the participation of the entire citizenry. The challenge of this decade to reduce by one-half the amount of garbage we produce is monumental . But we believe the people of Atascadero are ready and willing to take up the burdens necessary to preserve the quality of life which we all enjoy. Respectfully submitted, �100 5 �y BETTY R. SANDERS Attorney for Wil-Mar Disposal Co. , Inc. 1 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through : Ray Windsor , City Manager Meeting Date: 4/ iO/90 From: Mark Joseph , Administrative Services Director /M7 SUBJECT:_ Increased Rates for Disposal Service related to landfill costs. RECOMMENDATION: Staff recommends Council adopt the attached resolution increasing solid waste disposal rates and AB939 Recycling Study costs for all effected customers within City limits. BACKGROUND/ANALYSIS: A substantial increase in Landfill charges was approved by the County of San Leis Obispo for the Chicago Grade Landfill . Effective March 1 , 1990, the increase was passed on to Wil-Mar Disposal . Based on their analysis (see attachment 1 ) , the monthly increase due exclusively to the higher " tipping fees" at the landfill ranges from 44m to $10 . 14 , depending upon the container ' s size. My review of the company ' s numbers confirms the need for the increases requested . In addition to the increased landfill costs, one other cost needs to be considered at this time. New State Legislation (AB939) requires all communities to reduce their solid waste by fifty percent by the year 2000. The initial step is to conduct a comprehensive study countywide. To pay for this study , an increased "tipping fee" of $1 .00 per ton has been proposed by the Technical Committee for the Solid Waste Task Force. Based on a ratio of four yards per ton, the cost of this study could add an additional 5a to 61 .08 per month . The table attached compares the increases based on just the landfill costs or with the A8939 study (attachment 2 ) . It should be noted that the actual rates recommended have been rounded to the nearest five cents. ALTERNATIVES- i . Approve no increase at this time . Since the request is • due to external cost increases outside of Wil-Mar ' s control , this would create a hardship on the company. 2 . Provide an increase for the new landfill charges only . This would require an additional rate increase at a later date. However , since the exact method is not known: at this time, there is some merit in waiting . On the other hand , Wil-Mar has paid higher " tipping fees" since March 1 , even though the proposed disposal rates will not be effective until two months later . Increasing the fee in anticipation of the study ' s cost would help Wil-Mar recover its losses since March . FISCAL IMPACT: For the typical residential customer , the recommendation represents a 12.5 percent increase, or $1 .24 per month . If the increase for the recycling study is not included at this time, the rates represent a 12. 3 percent increase, or $1 . 12 per month . It should be noted that this increase will boost the City ' s franchise revenue by approximately $9,000 annually. Attachment 1 DAVID K. SMITH CERTIFIED PUBLIC ACCOUNTANT 5811 TRAFFIC WAY - P. O. BOX 6002 ATASCADERO, CALIFORNIA 93423 TELEPHONE: (805) 466-8800 t April 5, 1990 Wil-Mar Disposal Co. , Inc. P.O. Box 1199 Atascadero, CA. 93423 Gentlemen: As requested by your office and based upon the revised unaudited data as supplied by you, I would compute that the recent dump rate increase will effect you as follows: Increased Prior Service Costs Costs Increase 1 can $ .74 .30 $ .44 1-4 cans 1.82 .75 1.07 • 3 can cart 1.82 .75 1.07 Containers (per time serviced) : 1 yard 4.33 1.82 2.51 lk yards 6.50 2.69 3.81 2 yards 8.67 3.60 5.07 3 yards 13.00 .5.42 7.58 4 yards 17.33 7.19 10.14 All of the above figures have been adjusted from the weekly amounts shown on Schedules A, B, and C to reflect monthly costs. The overall increased dump costs are 240% of the average costs which were paid prior to the recent rate increase granted to Chicago Grade Land Fill. If you have any questions, please call. Yours truly, v David K. Smith Certified Public Accountant • Schedule A Wil-Mar Disposal Co. , Inc. Dump Rates Per Container Prior to Dump Rate Increase Present yards of loose material collected equals 5,703.8 yards per week (Schedule C.). Packer trucks in use result in an approximate compaction rate of 4 to 1. Actual dump costs paid during the period February 1, 1989 to December 31, 1989 were $111,460. The actual cost per compacted yard would be: $111,460 $111,460 5,703.8 yds. x k x 47 weeks = 67,019.7 = $1.66/compacted yd. Dump cost per container per week: 1 can 1/6 yd x 1/4 x $1.66 = $0.069 2-4 cans average 2 1/2 cans x 1/6 x 1/4 x $1.66 = $0.173 3 can cart average 2 1/2 cans x 1/6 x 1/4 x $1.66 = $0.173 Containers - 1 yd x 1/4 x $1.66 = $0.415/yard: • Frequency Per Week 1-YD. lk YD. 2YD. 3 YD. 4 YD. 1 x $ .42 .62 .83 1.25 1.66 2 x .84 1.24 1.66 2.50 3,32 3 x 1.26 1.86 2.49 3.75 4.98 4 x 1.68 2.48 3.32 5.00 6.64 5 x 2.10 3.10 4.15 6.25 8.30 6 x 2.52 3.72 4.98 7.50 9.96 To adjust to a monthly cost, each of the above weekly costs must be multiplied by 52/12. l PREPARED WITHOUT AUDIT Schedule B Wil-Mar Disposal Co. , Inc. Dump Rates Per Container After Rate Increase Dump rate presently granted Chicago Grade Land Fill - $4.00 per compacted yard. 1 can 1/6 yd x 1/4 x $4.00 = $0.17 2-4 cans aver. 2 1/2 cans x 1/6 x 1/4 x $4.00 = $0.42 3 can cart aver. 1 1/2 cans x 1/6 x 1/4 x $4.00 = $0.42 Containers - 1/4 x $4.00 = $1.00 Frequency Per Week 1 YD. 1k YD. 2 YD. 3 YD. 4 YD. 1 x $1.00 1.50 2.00 3.00 4.00 2 x 2.00 3.00 4.00 6.00 8.00 3 x 3.00 4.50 6.00 9.00 12.00 4 x 4.00 6.00 8.00 12.00 16.00 5 x 5.00 7.50 10.00 15.00 20.00 6 x 6.00 9.00 12.00 18.00 24.00 To adjust to a monthly cost, each of the above weekly costs must be multiplied by 52/12. • t PREPARED WITHOUT AUDIT Schedule C Wil-Mar Disposal Co. , Inc. Yards Collected From Customers Served at December 31, 1989 • Number of Customers Yards Cans: 2,216 1 can x 1/6 369.3 3,713 2 - 4 can average 2.5 x 1/6 1,547.1 835 3 can carts average 2.5 x 1/6 347.9 Containers: 340 1 yd x 1 per week 340.0 42 1 yd x 2 per week 84.0 3 1 yd x 3 per week 9.0 2 1 yd x 6 per week 12.0 77 lk yd x 1 per week 115.5 14 1'k yd x 2 per week 42.0 2 1k yd x 3 per week 9.0 147 2 yd x 1 per week 294.0 60 2 yd x 2 per week 240.0 19 2 yd x 3 per week 114.0 1 2 yd x 4 per week 8.0 1 2 yd x 5 per week 10.0 • 3 2 yd x 6 per week 36.0 40 3 yd x 1 per week 120.0 64 3 yd x 2 per week 384.0 39 3 yd x 3 per week 351.0 3 3 yd x 5 per week 45.0 7 3 yd x 6 per week 126.0 26 4 yd x 1 per week 104.0 33 4 yd x 2 per week 264.0 15 4 yd x 3 per week 180.0 10 4 yd x 4 per week 160.0 4 4 yd x 5 per week 80.0 13 4 yd x 6 per week 312.0 Total yards collected 5,703.8 PREPARED WITHOUT AUDIT • RESOLUTION NO- 45-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING ADJUSTMENT OF THE COLLECTION RATES CHARGED BY THE WIL-MAR DISPOSAL COMPANY , INC . , FOR GARBAGE COLLECTION AND DISPOSAL WHEREAS, in January 1986, the City entered into a new five year Franchise Agreement with Wil-Mar Disposal Company , Inc . ; and WHEREAS, said Chapter 6-4. 13 of the City Code requires certain operating conditions and collection rates to be established by resolution; and WHEREAS, Wil-Mar Disposal Company , Inc . , has held a franchise in the Atascadero area as granted by the County Board of Supervisors by Resolution 75-527, dated August 25, 1975; and WHEREAS, since the last increase granted to Wil-Mar Disposal Company . Inc . , was granted effective December 1 , 1987; and iWHEREAS, it is in the public interest that an adjustment in rates be executed to pass through the increased costs associated with higher landfill charges; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: 1 . Wil-Mar Disposal Company, Inc . ,� is hereby authorized to implement the attached rate changes effective May 1 , 1990. 2. The City Manager er be and is hereby authorized to administer said agreement on behalf of the City. On motion P by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: • CITE` OF ATASCADERO, CALIFORNIA APPROVED AS TO CONTENT: By: _ Rollin Dexter , Mayor Ray Windsor , City Manager PREPARED BY: APPROVED AS TO FORM: Mark Joseph , Administrative Art Montandon, Services Director City Attorney • Attachment 2 TABLE ONE: RATE INCREASE, INCLUDING RECYCLING STUDY SERVICE CURRENT "PASS AB939 FRANCHISE NEW PERCENT LEVEL* RATES THRU" STUDY** FEE RATES INCREASE 1 Can 5.50 0.44 0.05 0.02 6.01 9.4;: 1 -4 Cans 9 .90 1 .07 0. 11 0.06 11 . 14 12.5% 1 yd . Bin 30.30 2.51 0.27 0. 14 33.22 9.6% 1 1/2 yd Bin 34.35 3.81 0.40 0.21 36.77 12.9% 2 yd . Bin 38.35 5.07 0.54 0.28 44.24 15. 4% 3 yd . Bin 46.40 7.58 0.81 0. 42 55.21 19.0% 4 yd . Bin 54.45 10. 14 1 .08 0.56 66.23 21 .6% TABLE TWO: RATE INCREASE, WITHOUT STUD`( 1 Can 5.50 0.44 0.02 5.96 8.4% 1-4 Cans 9.90 1 .07 0.05 11 .02 11 .3% 1 Yd . Bin 30.30 2.51 0. 13 32.94 8.7% 1/2 Yd Bin 34.35 3.81 0. 19 38.35 11 .6% Yd . Bin 38.35 5.07 0.25 43.67 13.9% Yd . Bin 46.40 7.58 0.38 54.36 17.2% 4 Yd . Bin 54.45 10. 14 0.51 65. 10 19.6% *Per time serviced **Assumes 4 yards per ton • EXHIBIT: NEW DISPOSAL RATES. EFFECTIVE MAY 1 , 1990 SERVICE LEVEL* MONTHLY RATE 1 Can $6 .00 1-4 Cans 11 . 15 1 Cubic Yard Bin 33.20 1 1/2 Cubic Yard Bin 38. 75 2 Cubic Yard Bin 44.25 3 Cubic Yard Bin 55.20 4 Cubic Yard Bin 66.25 *Daspd on once per week service . IIS X PUBLIC REVIEW COPY # PLEASE DO NOT REMOVE FROM COUNTER REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item. L Through : Ray Windsor , City Manager Meeting Date: 4/ 10/90 From: Mark Joseph , Administrative Services Director' �j SUBJECT: Mandatory Garbage Pick-Up RECOMMENDATION: Staff recommends further review and Council direction on mandatory service within City limits or within the Urban Service Line (USL) area. BACKGROUND: Wil-Mar ' s letter of March 27, 2990 requests adoption of mandatory garbage collection within the City limits of the City of Atascadero . New state legislation, referred to as AB 939 ( anter the Assembly Bill number ) , requires a SO percent reduction in solid waste by the year 2000. Major costs are associated with . this, and the State ' s solution is to allow Cities and Counties to impose new fees on garbage collection and disposal . As a result , the issue of fairness supports mandator•/ collection. Specifically, if two-thirds of the population pay for collection and if fees are added to those customer ' s garbage bill , then the remaining one-third will be subsidized by those currently on service. This arrangement is not only unfair , but it also makes the per customer fee higher than it would otherwise have to be. The issue of mandatory service needs to be clarified as to within the Urban Service Line or throughout the City limits. In addition, input from the Recycling Committee, our new Public Works Director , and the General Public , should be considered in developing a recommendation. Indeed , staff has already received one letter in opposition ( see attached ) . Implementation of mandatory service also needs to be studied . For example, Wil-Mar needs to be given sufficient notice to assure adequate personnel and equipment are available, as well as administrative support for the increased workload . Certain logistical and contractual arrangements need to be spelled out as well , such as past-due collection procedures or exemptions from service. • ALTERNATIVES 1 . No mandatory service. This is the current arrangement and could result in only a portion of the community paying the full cost of state-mandated reductions in solid waste. 2 . Mandatory Service could be adopted within the Urban Service Line. There would still be some inequity, but it represents a first step . 3. Mandatory Service throughout the City . This shares the cost the best . s Dean E. Wooldridge, Jr. 7855 Balboa load dtaseadero, Cb 93422-1114 (805) 466-9103 7 2 March 1990 Mr. Mark Joseph, Director Administrative Services City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Joseph: I learned in Friday's Atascadero News that you are concerned in the City's consideration of trash collection rates and conditions. Your office told me over the telephone that it would be useful for me to tell you some thoughts that I hope the City will consider before requiring all residents to pay for trash collection. Wil-Mar Disposal Company collects my household's trash. Every second or third week, I put out one plastic container of four cubic feet or thirty gallons, capacity.ca acit . This is the totality of my trash, about two barrels per month. More than half that volume comprises newspaper and California Redemption Value containers; by recycling these, I could reduce my trash volume to no more than one barrel per month. The drive from my home to Chicago Grade Landfill is about eight miles; at twenty cents per mile, a round-trip costs me about $3 .20. Dumping two barrels, at the new rates, would cost me another $3 .50. If I dropped off my recyclable materials on the way to the dump, I should have to make a dump trip every eight or ten weeks, costing me an average of about $3 . 35 per month. For convenience, of course, I am willing to pay more than this to have someone else collect my trash. Wil-Mar's lowest rate is $5.50 per month and entitles me to have one barrel picked up each week. So long as I subscribe to this service, the only incentive for me to recycle is the California Redemption Value refund; but, this is more nuisance than the refund is worth, except for aluminum cans, which do not take much space after they are flattened. I doubt that I am unique; there probably are others in Atascadero who generate very small amounts of trash and for whom Wil-Mar's service costs more than recycling. Hr. Joseph -- 27 Harch 1990 -- 2 Because many of Atascadero's driveways are long or steep, some residents use their autos to carry their trash containers to and from the street. I presume the reason some residents do not subscribe to Wil-Mar's service is that they find it only slightly less annoying to drive their trash to the dump than to drive it to the street and pick up the empty container later. For the same reason, many of these might continue to carry their trash to the dump even if required to pay Wil-Mar for that service. Wil-Mar's fee for collecting at the house rather than on the street is $7.45 per month in addition to the collection fee. If the City decides to require every resident to pay for trash collection, then three provisions should be made. First, an infrequent-collection option (one barrel every two weeks, perhaps) should be offered. Otherwise, many who are now recycling in order to save dump fees might find it no longer pays them to do so, and the volume dumped at Chicago Grade could actually increase. Second, the fee for collecting at the house should be reduced. Third, the right to service Atascadero should be granted for no more than one or two years at a time. Each time the franchise is to be renewed, any interested company should be allowed to bid for it. In conjunction with this, the City should establish machinery for collecting customer • complaints, so they might be considered at the next franchise-renewal. I should appreciate your presenting my thoughts to the council or commission that will be ruling on Wil-Mar's request. I shall send a copy of this letter to Mr. Gibb at Wil-Mar. Sincerely, REPORT TO CITY COUNCIL Meetina Date :4/10/90 CITY OF ATASCADERO Agenda Item: C-3 Through : Ray Windsor , City Manager From: Department of Public Works SUBJECT: Establishment of stop sign on Old Morro Road East at the intersection with Los Osos Road. RECOMMENDATION: Traffic Committee recommends that Council adopt the attached resolution establishing a stop sign on Old Morro Road East at Los Osos Road. BACKGROUND: At the February 27th City Council meeting, Traffic Committee recommended eliminating the existing stop sign on Los Osos Road at Old Morro Road East and establishing a stop on Old Morro Road East at Los Osos Road. At that meeting public testimony was heard opposing the recommendation . Council then directed the Traffic Committee to reevaluate their recommendation and report back to Council at a later date . DISCUSSION: Upon further review in the field it was decided that a stop sign is warranted on Old Morro Road East due to sight hazards and intersection layout . Additionally , it was determined that the existing stop sign on Los Osos Road should remain . OPTIONS: 1) Approve Resolution No . 20-90 establishing a new stop sign on Old Morro Road East and not eliminate the existing stop sign on Los Osos Road. 2) Approve Resolution No . 19-90 eliminating the stop sign on Los Osos Road and not establishing a stop on Old Morro Road East . 3) Approve Resolution No . 20-90 establishing a new stop sign on Old Morro Road East and approve Resolution No . 19-20 eliminating the existing stop sign on Los Osos Road. 4) Deny both requests . intersection to remain unchanged. FISCAL IMPACT The cost of the recommended option is approximately $150 . 00 to be paid out of currently budgeted funds . Attachments : Resolution No . 19-20 Resolution No . 20-90 Diagram VJH/vjh 4/2/90 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 recommendina 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 cause to be removed all sians 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 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 FORM: APPROVED AS TO CONTENT : ARTHER MONTANDON y HENRY ENGENY City Attorney Director of Community Development O N 10 off✓ �' w O pz oP°sea Stop Q Q i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda item: C-4 (A&B) Through: Ray Windsor, City Manager Meeting Date: 4/10/90 From: Henry Engen, Community Development Director 44 SUBJECT: Proposed road abandonment of San Benito Road between El Camino Real and Highway 101 , and proposed sales agreement of City owned parcel contained therein to Michael Frederick - 5700 and 5750 San Benito Road (Road Abandonment 2-88 and 3-88) . RECOMMENDATION: 1 . Approve Resolution 42-90, abandoning a portion of San Benito Road subject to four (4) conditions . 2 . Approval of Resolution 43-90, authorizing execution of a Purchase and Sales Agreement between the City and Michael L. Frederick for the City property contained within the San Benito Road abandonment. BACKGROUND: On August 23, 1988, the City Council conducted a public hearing and considered the Planning Commission' s recommendation in sup- port of abandoning San Benito Road between Highway 101 and E1 Camino Real. The abandonment request was generated by Michael Frederick Paving in conjunction with a use permit to provide for the expansion of the adjoining paving business . Action of the City Council, following public hearing, was to be supportive of the abandonment request but to direct staff to undertake further research to determine the ownership of underlying property and to obtain an appraisal thereon with a view to selling the prop- erty. Research determined that the land had originally been acquired by Cal Trans for an off-ramp but there was considerable confusion whether this land had been conveyed to the County and thence to the City on incorporation or otherwise, and it was determined to be the latter. However, on November 8, 1988, the County Board of Supervisors responded to our request and passed Resolution No. 88-509 , formally conveying this 44,450 square foot parcel by a Ouit Claim Deed to the City. Thereafter, appraisals were ob- tained from Dennis E . Greene, Inc. , and negotiations commenced with first the abutting owner Dr. Shea, who expressed no inter- est, then with the other abutting owner, Michael Frederick Paving. The attached two (2 ) resolutions are a result of those negotiations, and would complete action to vacate San Benito Road and to sell the lot to the abutting owner, Michael Frederick Paving, for a total of $115, 570.00, payable in two installments following a $1 ,000. 00 cashier check to open escrow. $56,758.00 would be due on close of escrow, and the remaining $57,785, at 10% interest, payable in one year. Importantly, as a condition of the sale, the nonconforming lot of record would be merged with the adjoining Michael Frederick Paving properties, and the City would retain an easement for a potential sewer and pump station on the property. HE:ph Enclosures: Resolution 42-90 - Vacating a portion of San Benito Road Resolution 43-90 - Authorizing Purchase and Sale Agreement of City-owned lot within San Benito Road to Michael Frederick' s Paving August 23, 1988 - Staff Report CC: Michael L. Frederick RESOLUTION NO. 42-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF SAN BENITO ROAD FROM EL CAMINO REAL TO THE HIGHWAY 101 FREEWAY, ADJOINING LOT 1, BLOCK 23 AND LOT 13, BLOCK 18, ATASCADERO COLONY, PURSUANT TO STREETS AND HIGHWAY CODE; PART 3, CHAPTER 3, SECTION 8320 (ROAD ABANDONMENT 2-88/3-88) WHEREAS the Council of the Cit of Atascadero b Resolu- tion No. 86-88, advised of its intent to vacate a portion of San Benito Road as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publi- cation, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially complied with; and WHEREAS, pursuant to Government Code Section 65402 , the Planning Commission has recommended its finding that vacation of this portion of San Benito Road is in conformance with the City' s General Plan; and WHEREAS, the City Council has at the public hearing held on August 23 , 1988 received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of San Benito Road is unnecessary for present or prospec- tive public use. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows : 1 . The proposed road abandonment of the San Benito Road right- of way outside Lot 1 , Block 23 and Lot 13 , Block 18 of the Atascadero Colony is in conformance with the General Plan. 2 . The right-of-way is unsuited for development as a nonmotor- ized transportation facility i.e. , primarily for the use of pedestrians, bicyclists, or equestrians. 3 . The vacation of this right-of-way is Categorically Exempt (Class 5) under the provisions of the Califoornia Environ- mental Quality Act. 4 . The Council now vacates a portion of San Benito Road, pursuant to Streets and Highway Code Chapter 3, Section 8320 subject to the following conditions of approval : RESOLUTION NO. 42-90 ( 1) The property owners shall obtain fee title to the road section of San Benito Road adjacent to Lot 1 , Block 23 and Lot 13, Block 18, Atascadero Colony if not pres- ently owned in fee at their own expense. ( 2) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. (3) As a part of the abandonment procedure, the City shall retain a sanitary sewer easement and public utility easement covering the right-of-way. A metes and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. (4) All conditions of this approval must be completed prior to or simultaneous with the recording of the abandon- ment resolution. 5 . The City Clerk shall cause a certified copy of the Resolu- tion of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, or further proof, to be recorded in the office of the County Recorder. On motion by and seconded by the motion was approved by the follow- ing roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: ROLLIN DEXTER, Mayor City of Atascadero, California ATTEST: LEE DAYKA, City Clerk RESOLUTIO No. 42-90 APPROVED AS TO CONTENT: RAY WINDSOR, City Manager RESOLUTION NO. 90 APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director • � �� EXHIBIT A LOCATION MAP CITY OF ATASCADERO Road Abandonments 2-88 & 3-� t"'"�'� � =' t • � San Benito Road between El s COMMUNITY DEVELOPMENT Camino Real and the Freeway , DEPARTMENT W ILIA v / �Q a \y p`0 = a R, A Road Abandonment 2-88 & 3-88 � "S adjoining Lot 1, Blk 23 & Lot 13, Blk 18 Atas. Col. \ l^ c -t S c ' I 'f hyr Q FO / • 4 / O _ ILLA °r R S c R" �H) ---I - C o It I AOA I 11 I NSE 11 G AA2op 7 9.00 0° .� /L� RESOLUTION NO. 43-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY TO ENTER INTO A PURCHASE AND SALES AGREEMENT AND ESCROW INSTRUCTIONS FOR THE SALE OF THE SAN BENITO ROAD SURPLUS LOT TO MICHAEL L_ FREDERICK WHEREAS, the City is desirous of selling an existing un- improved lot known as the San Benito Road surplus lot; and WHEREAS, said lot is surplus to the City' s needs; and WHEREAS, the City and buyers have negotiated a Purchase and Sale Agreement for the sale of said lot pursuant to Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the terms of said Purchase and Sale Agreement are acceptable to the buyers and the City; and WHEREAS, abandonment of said street and development of said property pursuant to Conditional Use Permit 3-88 has been found to be consistent with the City' s General Plan; and WHEREAS, sale of said lot will not have a significant ad- verse environmental impact and the Negative Declaration prepared for Conditional Use Permit 3-88 is adequate; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero that the Mayor and the City Manager are hereby authorized to execute the Purchase Agreement and Escrow Instruc- tions (attached hereto as Exhibit "A" and incorporated herein) on behalf of the City for the sale of the San Benito Road surplus lot; and BE IT FURTHER RESOLVED that the Mayor and City staff are hereby authorized and directed to take any and all steps necessary to carry out the terms and conditions of said Purchase Agreement and Escrow Instructions . PASSED AND ADOPTED at the regular meeting of the City Coun- cil of the City of Atascadero held on April 10, 1990 by the following vote: AYES: NOES: • ABSENT: DATE ADOPTED: ROLLIN DEXTER, Mayor City of Atascadero, California 0 RESOLUTION NO. 43-90 ATTEST: LSE DAYKA, 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 EXHIBIT "A" PURCHASE AND SALE AGREEMENT This Agreement is made and entered into on between the CITY OF ATASCADERO ("Seller") and MICHAEL L. FREDERICK ("Buyer") . Seller agrees to sell and Buyer agrees to purchase the property located on San Benito Road in the City of Atascadero, San Luis Obispo County, California, and as described in Exhibit A attached hereto. Witnesseth The parties hereto do agree as follows: 1. Purchase Price. The purchase price for the property is $115 ,570.00, payable as follows: a. The amount of $1,000.00 by cashier ' s check, upon execution of this Agreement, payable to CUESTA TITLE COMPANY to open escrow and be applied to the price at the close of escrow. b. The amount of 5_ 56j 758!00 _ to close escrow, and a trust deed payable in one year in the amount of $_ 571785 . 00 ,plus 10% interest . 2. Encumbrance and Special Conditions. a. Buyer shall be credited with the balance of principal due at the date of the close of escrow one year from the date of the signing of this Agreement. The balance due at the end of the -1- one year term shall be S_�8�2�8iQQ . The balance of the price in escrow in cash or by cashier' s check is due during business hours at least one business day before the close of escrow. Upon full payment at the close of escrow, a trust deed shall be deemed payable in the amount of $_52 285_QQ__, plus 10% interest . b. Seller and Buyer agree that the subject property is to be merged with contiguous property (APN 49-201-31) presently owned by Buyer. c. It is also mutually agreed that Seller will retain a sewer easement for the express purpose of a future pump station site. Exact location of said easement shall be established and described at the sole cost of Seller and shall be approved in writing by Buyer prior to actual close of escrow. 3. Escrow. This sale shall be consummated through an escrow established with CUESTA TITLE COMPANY, San Luis Obispo, California. The closing date for the escrow will be on or before June 30, 1990 . Escrow shall be considered closed when the grant deed to the property is recorded. Within twenty-one (21) days after execution of this Agreement, each party shall execute and deliver to the escrow holder its written instructions consistent with the terms of this Agreement, and shall provide the escrow holder with such other information, documents, and instruments as the escrow holder may reasonably require to enable it to close the transactions on the closing date. -2- If the designated escrow holder shall be unable or unwilling to act? Buyer shall designate another escrow holder subject to Seller' s approval, which shall not be unreasonably withheld. 4. Vesting Title. On close of escrow, title shall vest in MICHAEL L. FREDERICK, a single man. 5. State of Tile. Seller shall by grant deed convey to Buyer a fee simple interest free and clear of all title defects, liens, encum- brances, deeds of trust, and mortgages, except real property taxes and assessments, and a lien not delinquent. Seller shall procure a California Land Title Association standard policy of title insurance in the amount of $115,570.00 • to be paid b Seller and to be issued b CUESTA TITLE COMPANY, Y Y showing title vested in MICHAEL L. FREDERICK, a single man. 6. Proration of Taxes. Insurance, and Interest. Real property taxes, interest in assessments assumed by Buyer, rents, insurance, premiums on hazard insurance assigned to Buyer, and interest on any indebtedness secured by any deed of trust to remain on the property shall all be prorated as of the closing date on the basis of a thirty (30) day month. All security deposits and prepaid rents held by Seller shall be credited to Buyer. Any balance in any tax and insurance impound account shall be credited to Seller. Assessments of record shall be paid by Seller. -3- 7. Closing Costs. Seller shall pay all costs and expenses of clearing title, repairing, executing, acknowledging, and delivering the grant deed, the premium for the title insurance policy, and shall pay any transfer taxes. Buyer shall pay all recording fees (except those in connection with clearing title) , and all fees and costs for any new financing. Buyer and Seller shall each pay one-half of the escrow fees. 8. Notices. All notices and demands shall be given in writing by personal service or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be considered given when mailed. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. To Seller To Buyer City of Atascadero Michael L. Frederick Attn: City Manager P.O. Box 573 6500 Palma Avenue Atascadero, CA 93423 Atascadero, CA 93422 9. Covenants. All covenants, warranties, and other obligations contained herein in this Agreement shall survive delivery of the deed. Seller covenants and warrants as follows: 0 -4- a. The subject property is free of any material, physical, or mechanical defects. b. Neither the property, nor the operation thereof, violates in any way any laws, regulations, or building codes. c. All documents delivered to Buyer pursuant to this Agreement are or will be true and correct copies of originals and represent truly the factual matters stated therein. d. Seller has all appropriate licenses, permits, easements, and rights of way, including proof of dedication, building permits, and occupancy permits which are required from any governmental authority having jurisdiction over the property or from private parties as necessary to make use of the property, in order to insure adequate vehicular and pedestrian ingress and egress to the property. e. This Agreement and all other documents delivered by Seller to Buyer, now or at the closing, have been or will be duly authorized and executed and delivered by Seller, and are legal, valid, and binding obligations of Seller, sufficient to convey title, and are enforceable in accordance with their respective terms, and do not violate any provisions of any agreement to which Seller is a party. f. As of the closing, there will be no outstanding contracts made by Seller for any improvements to the property which have not been fully paid for, and Seller shall cause to be discharged all mechanics' and materialmen's liens arising from any labor material furnished prior to closing. -5- 10. Warranty. Seller warrants that title to the property shall be free and clear of all liens and encumbrances of any type whatsoever, and Seller shall forever indemnify and defend Buyer from any and all claims of any type whatsoever made by any third party, except under said deeds of trust and taxes, against title, possession, and any other attribute of ownership by Buyer. 11. Delivery of Property. On close of escrow, Seller shall deliver the property to Buyer in substantially the same condition, reasonable wear and tear excepted, as on the date of this Agreement. This Agreement contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or agreements are replaced in total by this Agreement. 12. Attorney's Fees. In the event any dispute between the parties hereto shall result in litigation, the prevailing party shall be reimbursed for all reasonable costs, including, but not limited to, reasonable attorney's fees. 13. Assignment. Seller's rights and obligations hereunder shall not be assignable without the prior written consent of Buyer. Subject to that understanding, this Agreement shall inure to the benefit and be binding upon the parties hereto and their respective successors and assigns. -6- 14. Offer and Acceptance. a. Offer. Buyer 's signature constitutes an offer to Seller to purchase the property on the terms and conditions set forth. This offer shall remain open until September 1, 1990. If it is not accepted by Seller by that date, it shall be considered revoked, and the escrow holder shall return the deposit to Buyer upon the demand of Buyer. If Seller accepts this offer within the time specified, communication of acceptance to Buyer shall be satisfied if the escrow holder orally notifies Buyer of the acceptance by the date and delivers to Buyer within five (5) days, in person or by United States mail, one copy of the Agreement executed by Seller. • The undersigned Buyer offers and agrees to buy the property under the terms and conditions stated in this Agreement and acknowledges receipt of a copy of the Agreement. b. Acceptance. The undersigned Seller accepts the foregoing offer to purchase the property and agrees to sell the property to Buyer on the terms and conditions specified. Seller acknowledges receipt of a copy of this Agreement and authorizes a copy to Buyer. -7- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ATASCADERO By By - Mayor MICHAEL L. FREDERICK Dated: Dated: Li-14 ATTEST: City Clerk APPROVED AS TO FORM: • City Attorney APPROVED AS TO CONTENT: ARM:fr/3/30/90 AGT:005 • -8- EXHIBIT "A" THAT PORTION OF LOTS 12A AND 13 IN BLOCK 18 AND THAT PORTION OF LOT 1 IN BLOCK 23 AND THAT PORTION OF SAN BENITO ROAD OF ATASCADERO COLONY, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP FILED FOR RECORD OCTOBER 21, 1914 IN BOOK 3 AT PAGES 19 AND 26 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT NORTH 51 DEGREES 47 MINUTES 42 SECONDS EAST, 90 FEET FROM ENGINEERS STATION 104+00 P. 0. C. ON THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FOR STATE HIGHWAY MAP BOOK RECORDED OCTOBER 4 , 1967 IN BOOK 5, PAGE 10, RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF COURSE AND DISTANCE SHOWN ON SAID MAP BOOK AS NORTH 41 DEGREES 04 MINUTES 10 SECONDS WEST, 1290.46 FEET; THENCE NORTH 7 DEGREES 21 MINUTES 30 SECONDS EAST, 168. 63 FEET; THENCE NORTH 37 DEGREES 32 MINUTES WEST, 151.49 FEET; THENCE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, WITH A RADIUS OF 220 FEET, THROUGH AN ANGLE OF 63 DEGREES 01 MINUTES 41 SECONDS FOR A DISTANCE OF 242. 01 FEET; THENCE SOUTH 36 DEGREES 48 MINUTES 20 SECONDS WEST, 132 . 60 FEET; THENCE ALONG A CURVE TO THE RIGHT FROM A TANGENT WHICH BEARS SOUTH 12 DEGREES 49 MINUTES WEST, WITH A RADIUS OF 60 FEET, THROUGH AN ANGLE OF 131 DEGREES 06 MINUTES 21 SECONDS A DISTANCE OF 137 .29 FEET; THENCE SOUTH 34 DEGREES 23 MINUTES 37 SECONDS EAST, 479. 17 FEET TO THE POINT OF BEGINNING. o ie•�a.l_ o. n I^'lo� rF A 1 'moi o �j r r N , �'� �• io ci OOD W. 0 I!p O �� 4 �� . . O p a •v ^ t V i` W � � Q mac.✓ W 1 / F NO N :E�����zs " «'oa*s°,� � j•�G ; lT i n �� I , ••/ I � • i O Lft— I MND, •� 1 Iz,P • — iO ! t• _ �. o / V W s �,•�, � , ' \�� , g Ii : I o cif, IeV 00) 1 � 1 _ ,�,£•af f�o�sN / tiny' K� �% 0.OD • IN I " ° Cs o Q ^__ i a —7 �_ - --------- CD- 3 cor c;n. 4 � i MEEZ5 JL/, aEPW E _� M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director .ACv SUBJECT: ROAD ABANDONMENT 2-88 AND 3-88 LOCATION: 5700 and 5750 San Benito Road APPLICANT: Michael Frederick Paving and Dr. Vincent Shea REQUEST: To vacate San Benito Road between Highway 101 and E1 Camino Real BACKGROUND: The Planning Commission conducted a public hearing on this matter in conjunction with approval of Conditional Use Permit 3-88 (see attached staff report) . The City Council adopted Resolution No. 86-88 at its meeting of August 9th indicating its intention to consider abandonment of the street. This proposed action has been noticed in the newspaper and also posted as required by the Streets and Highways Code . ANALYSIS: Abandonment of this non-City maintained section of San Benito Road would be beneficial to the City by eliminating a potential future street maintenance obligation and providing for more economic development of the abutting parcels . Draft Resolution 89-88 conditions the project to retain a sanitary sewer easement and public utilities easement together with obtaining the fee title to any underlying lands not currently owned in fee. There is some question as to the ownership of the right-of-way beyond the original San Benito Road colony road. This ownership was transferred to CalTrans prior to the construction of Highway 101 in the 50 ' s . CalTrans believes the City owns the land in fee indicating they relinquished the right-of-way to the County in 1956 and 1967 . Assessor maps do not indicate that a parcel was created in this process, but that may have been because it was intended for future right-of-way. In order to clear this • matter up as a condition prerequisite to recording the abandon- ment, the property owners would have to obtain a certificate of compliance or other evidence affirming their ownership of the underlying fee. If such research shows that the City owns the land, acquisition would have to be negotiated with the City for what would be a surplus parcel . Staff would require that the applicant pay for an appraisal using a firm selected by the City to establish value for a negotiated sale. RECOMMENDATION: Approve Resolution No. 89-88 abandoning San Benito Road between Highway 101 and E1 Camino Real . HE:ps Enclosures: Resolution No. 89-88 Road Abandonment Diagram Staff Report dated July 19, 1988 Minutes Excerpt - Planning Commission - 7/19/88 cc: Waring Group RESOLUTION NO. 89-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF SAN BENITO ROAD FROM EL CAMINO REAL TO THE HIGHWAY 101 FREEWAY, ADJOINING LOT 1, BLOCK 23 AND LOT 13, BLOCK 18, ATASCADERO COLONY, PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 (ROAD ABANDONMENT 2-88/3-88) WHEREAS, the Council of the City of Atascadero, by Resolu- tion No. 86-88, advised of its intent to vacate a portion of San Benito Road as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publica- tion, and Streets and Highways` Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially com- plied with; and WHEREAS, pursuant to Government Code Section 65402 , the Planning Commission has recommended its finding that vacation of this portion of San Benito is in conformance with the City' s General Plan, and WHEREAS, the City Council has at the public hearing received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of San Benito Road is unnecessary for present or prospective public use. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows : 1 . The proposed road abandonment of the San Benito Road right- of-way outside Lot 1 , Block 23 and Lot 13 , Block 18 of the Atascadero Colony is in conformance with the General Plan. 2 . The right-of-way is unsuited for development as a non-motor- ized transportation facility i.e. , primarily for the use of pedestrians, bicyclists , or equestrians . 3 . The vacation of this right-of-way is Categorically Exempt (Class 5 ) under the provisions of the California Environmen- tal Quality Act. 4 . The Council now vacates a portion of San Benito Road, pursu- ant to Streets and Highway Code Chapter 3 , Section 8320 subject to the following conditions of approval : ( 1 ) The property owners shall obtain fee title to the road section of San Benito Road adjacent to Lot 1 , Block 23 and Lot 13 , Block 18, Atascadero Colony if not pres- ently owned in fee at their own expense . (2) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. (3) As a part of the abandonment procedure, the City shall retain a sanitary sewer easement and public utility easement covering the right-of-way. A metes and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. (4) All conditions of this approval must be completed prior to or simultaneous with the recording of the abandon- ment resolution. 5 . The City Clerk shall cause a certified copy of the Resolu- tion of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, or further proof, to be recorded in the office of the County Recorder. On motion by and seconded by the motion was approved by the follow- ing roll call vote: AYES : NOES: ABSENT: DATE ADOPTED: By: BONITA BORGESON, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney EXHIBIT A LOCATION MAP CITY OF ATAS CADERO Road Abandonments 2-888 r�».�'��� -;1 ' »:.-7 San Benito Road between E canF COMMUNITY DEVELOPMENT Camino Real and the Freeway DEPARTMENT W O h a QQ � q� Road Abandonment 2-88 & 3-88 �u1"SReAL ' adjoining Lot 1, Blk 23 & S O� Lot 13, Blk 18 Atas. Col. Mk r of �Qf O \\\\!\\ z ° RS = ILL• a i C L C•iulrv0 / I E•L H) C S "wr _ low._ i It I1 0,114 It R04 POAV \ II 1 \ N I I / Q NtE A •RKOO 1 - I PO~ j i PO.D / � 61. i m � o \ \ a o 4° I mto � wILZI 'R �� v I \ mI \ \ ' IL � a / co yy"ff W OC i i\ m w LL r / / City of Atascadero Item STAFF REPORT FOR : Planning Commission Meeting Date : July 19 , 1988 BY : Joel Moses , Associate Planner File No: CUP 3-88 RA 2-88 & RA 3-88 SUBJECT: To allow for the development of a Master Plan for an approximate 3 . 0 acre parcel within the CPK (Commercial Park) zone . The development will provide approximately 17 , 000 square feet of building . The request also provides for• the abandonment of San Benito Road between El Camino Real and the freeway . A. SITUATION AND FACTS : 1 . Applicant . . . . . . . . . . . . . . . . .Michael Fr•eder•icks Paving • 2 . Representative . . . . . . . . . . . . Waring Group 3 . Project Addr•ess . . . . . . . . . . . 5700 & 5750 San Benito Road 4 . Site Area . . . . . . . . . . . . . . . . .Approximately 3 . 0 acres 5 . Zoning . . . . . . . . . . . . . . . . . . . .CPK( PD- 1 ) (Commercial Park with a Planned Development overlay) 6 . Existing Use . . . . . . . . . . . . . . Single Family Residences and Contractor~ Yard 7 . General Plan . . . . . . . . . . . . .Commercial Park 8 . Environmental Status . . . . . .Negative Declaration posted July 7 , 1988 B. ANALYSIS : The site is zoned CPK( PD- 1 ) (Commercial Park with a Planned Development Overlay) . The Development standards for the PD- 1 r•equi r•e that a Master• Plan of Development be approved on a site pr•i or, to any development . With the approval of the Master• Plan • of Development all further, approvals will have to conform to the approved plan . All future construction will be approved as a Plot Plan (Building Permit) . The ordinance also sets standards for development for, setting a 20 ' -0" setback along El Camino Real and a 10 ' -0" setback along the freeway . Specific design review r•equi r•es the consi der�ati on of the ar•chi tectural compatibility of buildings , the under•grounding of utilities , and the reduction of curb cut access to E1 Camino Real . The abandoning of San Benito Road is essential to the design of the project . If the right-of-way is not abandoned then the master• plan will have to be revised . The abandoned road area is proposed for development as parking for the contractors yard to the north and for the commercial parcels to the east . If the right-of-way is abandoned, the land reverts back to the adjoining property owner to the center line of the road . In this case , Mr . Fredericks will receive the half section along his property with pr . Shea receiving the other half . Road abandonments are accomplished by City Council resolution . Under the State ' s Streets and Highways Code , The Planning Commission must make the following two findings : 1 . That the vacation is in compliance with the General Plan . 2 . That the right-of-way is unsuited for, development as a nonmotorized transportation facility , i .e . primarly for the use of pedestrians , bicyclists , or equestrians . In reviewing the General Plan Circulation Element no mention is made of the use of this section of San Benito Road . It is shown on the map with no circulation classification . No policies note the need for• this section of right-of-way . The right-of-way area to be abandoned is a remainder• section of San Benito that was dead-ended with the construction of the freeway . The right-of-way starts out as a typical 40 ' -0" wide area but expands out as it abuts the freeway . The section of road serves four (4) lots , two lots having access only on the sections proposed for abandonment . Both of these lots are owned by the developer• and are part of the master plan for• development . The other• two lots have access and frontage on El Camino Real . The site was reviewed by the staff for• potential freeway access and other• uses . Freeway access is not realistic due to the design configuration needed for the off or, on ramp . There is no need for• nor would an offramp be useful to the community at this location . Cue to the site ' s location and zoning , use of the site for• recreation or• nonmotorized transportation was determined as unacceptable . Some question exists about the use of the right- of-way for• sewer, facilities (pumping station & piping) . The City . is presently conducting a study on sewers but no determination has been made as to the use of the site . In conclusion the vacation of the Right-of-way is in compliance with the General Plan and the site is unsuited for• development of nonmotorized transportation facilities . This would allow for the abandonment of the area and its use as a part of the adjoining commercial uses . The Master Plan for development proposes a phased development , creating two developed areas . The first phase is an expansion of the existing contractors yard buildings and provision for access to E1 Camino Real . The second phase would allow for, the development of a second contractor ' s yard with a coordinated access off of E1 Camino Real . Also noted is the expansion of an existing single family dwelling . In looking at the development of the corner lot owned by Mr . Slade it should be indicated that the expansion of a nonconforming single family dwelling in a commercial zone is not normally allowed . The City ' s Zoning ordinance will allow for the expansion of up to 50% of the floor, area . If the building is expanded as a commercial building the phase two development proposed would be a coordinated element to the area . No problems were found in reviewing the development consistency to the zoning ordinance standards . Several areas will have to be reviewed at the time of building permit . Items such as landscaping details , signing , and landscaping will need to be reviewed . The applicant has not provided specific information on signing in the first phase . It is anticipated that the developer will follow the current signing standards and that the illegal roof sign will be removed . The second phase proposes a 25 square foot sign , but the plans do show two 40 square foot monument signs Landscaping is being shown that would conform to the current City standards with additional landscaping in the freeway right-of- way . The plans show no tree removal , and a tree protection plan has been noted on the plans proposed . Individual storage areas will also have to be screened with landscaping or, fencing . Parking standards have been reviewed for, the development and all standards are met . In the first phase 20 stalls are provided . Phase 2 shows a total of 111 stalls . The following is a breakdown of the parking requirements : Site Parking Standard Contractors Yard 2 37 1/500 sq . ft . Contractors Yard 1 21 1/500 sq . ft . Slade Property (offices) 15 1/400 sq . ft . Shea Property (offices) 38 1/400 sq . ft . 111 The applicant is also providing underground fuel tanks in the second phase . The existing site contains a set of above ground fuel tanks , to service his vehicles . of note is that fact that the use of above ground tanks is all but prohibited in the City . The existing developer ' s area is divided into four, (4) parcels . In coordinating the development some revisions will be needed in the lot lines . Plans provided shows modification of the lot lines . The northern most line will be straightened out along with internal lines . The applicant is proposing the continued use of a metal building system. The Appearance Review Manual notes the need to consider• the specifics of any proposed use of a metal building system. Professional assistance has been secured in the designing of the building . The building has taken advantage of pop-outs and architectural detailing . The building has been heavily landscaped and screened . As proposed the buildings would meet the minimum standards of the City . Comments were received from several outside agencies . Our, Fire Department has noted the need for two ( 2) fire hydrants , one located at the entrance to the contractors yard on San Benito Road , the other to be located on E1 Camino Real at the office building entrance . Other• comments centered on the need for adequate access for fire trucks and compliance to fire codes that need to be reviewed at the time of specific development . The Building Division commented on the illegal fill done on the site several years ago and potential drainage questions . A potential problem exists with the above ground storage of fuel . When established the above ground storage fuel tanks were allowed , recent changes in the Building Code make above ground storage illegal . The Southern California Gas Company has noted that the site can be served . If additional gas mains are installed , they will need to be within the Public Right-of-Way or, within approved easements . The gas company requests a permanent easement be reserved in the San Benito Road right-of-way for• access to facilities located in the existing right-of-way . The State Department of Transportation (CalTrans) has responded noting no objection to the project , but asking that plans address drainage from the site . C. RECOMMENDATION : Staff recommends approval of Conditional Use Permit 3-88 and RA 2-88 and RA 3-88 based on the Findings in Exhibit G Conditions of Approval contained in Exhibit H and the Draft Resolution Exhibit I . JM/jm ATTACHMENTS : Exhibit A - Location Map Exhibit E - Phase 1 Plan Exhibit C - Phase 2 Plan Exhibit D - Elevations Exhibit E - Elevations Exhibit F - Developers Statement Exhibit G - Findings for Approval Exhibit H - Conditions of Approval Exhibit I - Draft Resolution \� EXHIBIT A LOCATION MAP Master Plan For Devel. CITY OF ATASCADERO CUP 3-88 ,RA 2&3 -88 5700 & 5750 San Benitcle COMMUNITY DEVELOPMENT Frederick/Waring Group DEPARTMENT �o = P � 19a ' %o 3 SITE 5700 & 5750 ,p San Benito Road S AE�L T CUP 3-88 o RA 2-88 & RA 3-88 C Frederick/Waring Gr. C / hk► ,O, ?� o ZIILA RS C C4MIN0 E4L H _ L a ►iwr 10- mm MOO 4%,�---AaD= �� M r r' M Ohl II AO II ` GOAD - .� y% P I I / NtE II _ ApKOP 1 C4� \�.0 B,,LeoA L l C� s _ I � EXHIBIT B PHASE 1 PLAN�, .t.t :.. . \�.y •,n� CITY OF ATASCADERO: Master Plan for Devel. CUP 3-88 , RA 2&3-88 ` COLD COMMUNITY DEVELOPMENT 5700 & 5750 San Benito Rd. DEPARTMENT f ICI a•N06[wox,c / � t — -�' \ \ / •��t�t _I( tete.J——_�J` ...�oortan J �'\ �G U` 3� o O l+.i..awr�Jl�''t• / ` ..awo w^..\�!,\ \ 0 \ 1— v \ 1— ♦\,` �—C ).loci 1 e�ti�i ��� V PROPOSED MASTER SITE PLAN i EXHIBIT C PHASE 2 PLAN Master Plan for Develop. CITY OF ATASCADERO CUP 3-88, RA 2&3-88 1X7.-7 -5 ; COMMUNITY DEVELOPMENT 5700 & 5750 San Benito DEPARTMENT ....s,''rte:-,�,,,,. �...,-+...w � S•s -��"--�r^'.....Jam......, �«_ / ------ --• �'.�...�:�'� re�".'.`,�� ..�...^... ��F�('_��C`"{U.. +\\ �;;',�m• '-.��wen..; ,v � �l� - \ c _ .�� ""...c� u,r.wl � tat•\..,. 'i. �c °. .0 �---eee� ... v��,• C yj.�e r r Tw- �`��`. \�\\\` �,\ ( � \�,icy�.0 n+.• / j.� _ �� �\\\\\��+1+\\I(r'� u.u•«..r.w( mac. `� \ f j -_'^�;..� i i 1 i i I 1�/i/�(/' �...ate a,.er •�1✓° ,M _ �.�. .re...�.e i.... Jl r\gyp/ / H.,..� �c• ✓� • EXHIBIT D ELEVATIONS ��, .... ;... . CITY OF ATASCADERO Master Plan for Devel . r+ 1 ` -7 CUP 3-88 , RA 2&3-88 .1� r 1, -.� +dam. 'asc I COMMUNITY DEVELOPMENT 5700 & 5750 San Benito Rd. DEPARTMENT 1 � ������►1�_ F��I,,,II�� __ III I � _.I - - . � , 1 IIII __ - __ I __ 11�.-.. .:• SOUTH ELEVATION I ' WEST ELEVATION i II►(iTl►,�►(,If1�TfTi11_Iliifiifll�ll I _ �� J,± NORTH ELEVATION EAST ELEVATION 1 Y 1E, :cl C II ' W e sI WQ 1 U.0 W RECEIVED a�. •S APR 15 1988 -- COMMUNITY DEVELOPMENT j • _ EXHIBIT E ELEVATIONS Master Plan CITY OF ATASCADERO n for Devel. -, CUP 3-88 , RA 2&3-88 997pCOMMUNITY DEVELOPMENT 5700 & 5750 San Benit , DEPARTMENT T IT WEST ELEVATION - - — - 0 U J • � <r.rn ruin. ~< <t/7 .n•.r•r•r ►'.;!;til;fiiii�l MI.IT IF, 11 .,.......... O� �I� I,I,�l11 II I U R �I�I �1111111t1.IllJlL�lll 1 � I �''' � y a i SOUTH ELEVATION � � a • ! 1661-411 1lI O Y EAST ELEVATION T' �.a U nc€ W o v Wm Q LLU^¢r I l l f l l l 1111111111111117 5A W c = _ � zUQ6 r i f !� RECEIVED[11 y APR 15 1988 — NORTH E ENATION __ COMMUNITY DEVELOPME0T EXHIBIT F DEVELOPMENT ST. CITY OF A r P f TASCADERO Master Plan or Develop. j-+19 I:. ,(1. ,d,.� CUP 3-88 RA 2&3-88 ` COMMUNITY DEVELOPMENT 5700 & 5750 San Benito Rd. DEPARTMENT C C RECEIVED Micheal Frederick's Paving March 3, 1988 NAR 16138 Developers Statement COMMUNITY DEVELOPMENT Our intention is to add a 2000sf addition to the Michael Fredericks Paving Building. This addition is intended to be a service addition to his existing building. As indicated in our first phase we would like to process a formal abandonment of San Benito Road. We understand that a new driveway approach may be required. We will amend parcel maps and title reports prior to obtaining building permits. The addition proposed will be in harmony with the existing building in color, style, and form. We understand that all fill on site will be brought into conformance with the applicable building and zoning ordinances. exterior lighting will be shielded from highway 101. Landscaping will be installed along the Cal Trans right of way screening the yard from the view of highway travelers. Also a landscaped fence will block views from the vehicle storage into the parking area. This screen will be a chain link fence with redwood slats. The future master plan will show Michael Frederick's Paving moved to the adjacent site. This will allow Mike to meet new demands for a larger site and building as his business grows. We feel the new building we have proposed will blend in contexturally in height and scale with the surrounding neighborhood and adjacent building. The majority of the building is of the same bronze colored siding as Mike's existing building. The entry breaks out of the traditional metal building forms and gives the entrance a smaller more intricate presence. We feel that Mike's present site will still make an ideal contractor's yard site. The existing garage and house would be used as the contractors office. This would allow some limited expansion of the yard while maintaining a lower intensity of use. We have included the adjacent parcels in the Master Plan to demonstrate how they would benefit from the proposed abandonment of San Benito Road. We feel that if this road is developed as a privately maintained road it would benefit any future development. The entrance could in the future be designed as a common entrance to multiple complexes. We feel that the oak trees framing the entrance as well as a smaller drive would discourage unwanted trespassers from entering San Benito. The road as it is designed now as a public road serves little purpose except to encourage loitering and littering of the cul-ve-sac at night. Presently Or Shea, the large adjacent parcel to the south, has no plans to develope his property. We felt it would be premature to show any future development on his property. Mr. Slade also has no plans to develope his property at this time but would like to have allowances made for a future addition to his building. We feel the new Michael Frederick's Paving buiding will be developed with-in the next 2 to 3 years. _ ,.. :.., CITY OF RTAS CADERO 10 cwCOMMUNITY DEVELOPMENT DEPARTMENT � C We would like not to put in the curb, gutter and sidewalk along El Camino Real until the future development occurs. This will allow us to not have to relocate driveways. We feel that our Master Plan proposes solutions to long standing problems and is the most effective step in planning for future development. Sincerely, The Waring Group i I i EXHIBIT - G FINDINGS Conditional Use Permit 3-88 5700 & 5750 San Benito Road Aitch Frederick Paving/Waring Group July 19 , 1988 1 .The proposed project or• use is consistent with the General Plan ; and 2 .The proposed project or use satisfies all applicable provisions of the Zoning Ordinance ; and 3 -The establishment ,and subsequent operation or, conduct of the use will not ,because of the circumstances and conditions applied in the particular• case , be detrimental to the health , safety or• welfare of the general public or persons residing or working in the neighborhood of the use , or be detrimental or injurious to property or improvements in the vicinity of the use ; and 4 .That the proposed project or• use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development ; and S .That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project , either• existing or• to be improved in conjunction with the project , or beyond the normal traffic volumes of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element ; and 6 .That the proposed project is in compliance with any pertinent City policy or• criteria adopted by ordinance or• resolution of the City Council ; and 7 . The proposed project is in compliance with the City of Atascadero ' s Appearance Review Manual Guidelines . i EXHIBIT H - Conditions of Approval Conditional Use Permit 3-88 5700 & 5750 San Bennito Road Fredericks Paving/Waring Group July 19 , 1988 CONDITIONS OF APPROVAL 1 . All construction shall be in conformance with Exhibits E & C ( site plans) , Exhibits D & E ( Elevations) Exhibit H (Conditions of Approval ) , and shall comply with all City codes and ordinances . Any modification to this approval requires approval by the Community Development Department prior to implementing any changes . 2 . All existing and proposed utility , pipeline , open space , or• other• easements are to be shown on the final plan . If there are building or other restrictions related to the easements , they shall be noted on the plans . 3 . All relocation and/or, alteration of existing utilities shall be the responsibility of the developer• at his sole expense . 4 . Grading and Drainage plans , prepared by a registered Civil Engineer , shall be submitted to and for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits . 5 . Obtain an encroachment permit from the City of Atascadero Public Works Department . Sign an Inspection Agreement and a Curb & Gutter Agreement , guaranteeing that the work will be done and the inspections paid for , prior to the issuance of a building permit , or• start of public works construction , and construct improvements as directed by the encroachment permit prior to the final building inspection . 6 . 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 Department of Public works standards and the current State of California uniform sign chart . Installation of traffic devices shall be subject to review and modifications after• construction . 7 . Road improvement plans prepared by a Registered Civil Engineer, shall be submitted to the Community Development and Public Works Departments for review and approval , prior to the construction of the improvements, or, prior to the issuance of any building permit , whichever• comes first . Plans shall include , but not limited to: a . E1 Camino Real : Design shall include City standard curb , gutter , 10 ' -0" sidewalk and additional paveout , width to be determined by the City Engineer not to exceed 32 ' -0" from the center• line . Design shall include measures to protect and preserve trees within the right-of-way , as approved by the Community Development and Public Works Departments . 8 . Construction of the public road improvements shall be completed prior• to the final inspection of any building , approved by the Community Development and Public Works Departments . 9 . Prior to the approval of the improvement plans by the Director• of Public Works , either• the Developer• shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions : or the City Council , upon request by and at the expense of the subdivider , shall have made all appropriate findings and adopted a Resolution of Necessity as required by law so that the City may exercise its power of Eminent Domain . 10 . Drainage Facilities shall be constructed to City of Atascadero Standards . All work shall be completed or bonded for• prior• the final building inspection . 11 . The Developer• shall provide drainage easements and/or• drainage releases from the points of concentration of stormwater• leaving the project boundary through adjoining Caltrans right-of- way to the nearest natural watercourses as approved by the Public Works Department if applicable . Agreements shall also be provide for the installation and watering of freeway landscaping as approved by CalTrans and the Community Development Department . 12 . All lot grading and drainage improvements shall require written certification by a registered Civil Engineer• that all work has been completed and is in full compliance with the approved plans . 13 . All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards . Prior to the final building inspection , said engineer• shall submit to the City written certification that grading is in conformance with said codes •and standards . 14 . Pri or• to the issuance of an building permi is for• construction of or• addition to any building , grading permits to correct illegal fill on the site shall be finialed . 15 . Prior to the issuance of a building permit all lot lines shall conform to the approved Master• Plan for• Development . 16 . Provision shall be made to provide for Sewer and Public Utility facilities ( lift station) within the abandoned San Benito Road right-of-way . 17 . Prior• to the issuance of any building permit the road abandonment of San Benito Road shall be completed. JM/jm • MINUTES EXCERPT JULY 19, 1988 th applicant secures written per ssion from the prope ty owner for the applica to extend the time al wed to use the proper Commissioner Tobey a ed that in ad ition to the letter , he would request that th applic bring in a specific proposal outlining steps a ance the appearance of the property (this was incorpora into the motion) . The motion rried 5 : 1 with Commissioner Michielssen d ' senting . Commissioner Michi ssen questioned w ther this use was appropriate for t e property and expressed concern that the applicant is ving the burden to pay out xtra costs for the site w' out the guarantee of an ad ional time extension. 3 . CONDITIONAL USE PERMIT 3-88 : Application by Michael Frederick (Waring Group) to establish a master plan for development of a 3 . 0 acre site to contain 50 , 000 square feet of commercial build- ing . The applicant is also requesting the abandonment of portions of San Benito road between E1 Camino Real - and Highway 101 ( RA 2-88) (also initiated by Dr . Vincent Shea) . the subject site is located at 5700 and 5750 San Benito Road . Mr . Moses presented the staff report concerning this request noting this project is proposed to be developed in two phases . Staff recommendation is for approval of the use permit and road abandonment subject to certain conditions . Mr . Moses asked that an additional condition concerning in- stallation of landscaping along the freeway and also installation of screening fence compatible with the architectural design of the buildings . Mr . Moses then responded to questions from the Commission. Greg Ravatt with the Waring Group , agent for the applicant , spoke in support of the application . He explained that their present intent is to add a 2 , 000 square foot building addition to the existing Frederick building . He clarified that the total development would not exceed 50 , 000 square feet but would be approximately 17 , 500 square feet . He asked for clarification on the intent of condition #9 and #7-a to which Mr . Moses responded . In response to questions from the Commission, Mr . Ravatt explained the total phasing should be complete between two to three years . There was discussion concerning the fuel tanks above ground wherein by Phase II , they will be required to be placed underground . e There was continued discussion among the Commission pertaining to the master plan phasing for the project . NOTION: Made by Commissioner Bond , seconded by Commission- er Michielssen to approve Conditional use Permit 3-88 and Road Abandonment 2-88 and 3-88 subject to the findings and conditions contained in the staff report . Discussion ensued on clarification of the conditions . Mr . Ravatt noted objection to the added condition concerning the screening fence. He opposes a solid fence but would be willing to install a chain link or slatted type of fence. It was the Commission ' s general consensus that landscaping would be appropriate if done properly . Commissioner Bond clarified his motion did not include the added condition . The motion carried 6 : 0. TENTATIVE PARCEL NAP 13-88 : Application by the Hempenius Family Trust (Grinnel to resubdivide three ( 3 ) existing lots totaling 1 .47 acres f vacant commercial property into four (4) parcels c taining 0. 32 , 0 . 34 , 0 . 52 , and 0 . 23 acres each ; and PRE SE PLAN 20-88 for a 13 ,480 square foo commercial comp containing four (4) buildings . S ject site is locate at 6325 Teeorida . Mr . Moses prese ed the staff report on a two applications recommending app val subject to ce tain conditions . He then responded to q estions from the ommission. Jim Grinnell , representing the a licant , spoke in support of the project noting hi concur ence with staff ' s recommen- dation . He clarified the if erent pipe lines which run under the property and their se . Commissioner Tobey refer nced t e Commercial Retail zoning of this area and felt is develop ent could further impact the heavily traveled orro Road . C missioner Kidwell asked if this developme would be con ibuting fees toward installation of traffic signal at tascadero Avenue and Morro Road. Di ussion followed concern i development fees for projects in this area , time frame for securing a traffic sig at that intersection . Wi reference to parking fo the project , it was pointed out t t there will be adequ a parking provided. Mr . innell elaborated on the history of this pro " ct and wh type of use this property would be best suited fo . OTION: Made by Commissioner, Michielssen , seconded by Co - missioner Kidwell to approve Tentative Parcel Ma REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda item: C-5 (A&B) Through: Ray Windsor Meeting Date: 4/10/90 From: Henry Engen, Community Development Director ,. SUBJECT: Proposed abandonment of a portion of Marchant Way right-of-way adjacent to Lot 79 at 9590 Marchant way and property exchange between the City of Atascadero and Murray warden. RECOMMENDATION: 1 . Approval of Resolution 40-90 abandoning a portion of Mar- chant way (subject to 5 conditions) . 2 . Approval of Resolution 41-90 exchanging properties in relation thereto. BACKGROUND : On July 17 , 1987 (see attached staff report), the City Council held a public hearing to consider said abandonment. There was no public testimony. The action of the Council was to endorse the proposed abandonment, but concur with the Planning Commission' s recommendation to negotiate conditions of a property exchange with the then owner, Alvin Thompson. Subsequently, there was an impass between the owner and staff relative to the need to obtain an appraisal to verify that the land area in the exchange was at least equal to avoid any improper gift of public funds . Subse- quently, the property was purchased by Mr. Murray Warden who has pursued the matter and has gone through the complex process of complying with both the conditions of the abandonment and obtain- ing an appraisal from Richard Schenberger, who indicated that the property exchange would be a wash in terms of value. In fact; Mr. Warden has since acquired additional underlying fee for the paper road which he would exchange to the City. The benefit to Mr. Warden is that it will make his lot more closely conform with the underlying zoning and rectify a past mistake wherein the house was built in the right-of-way. As noted in the staff re- port, the present road exists outside of the right-of-way; hence, the abandonment of the road in relation to the Warden house, does not interfere with public access. The property exchange would square off the City' s Lake Park boundary in this area. HE:ph Enclosures : Resolution No. 40-90, abandoning a portion of Mar- chant Way Resolution No. 41-90, exchanging property in relation to Marchant Way abandonment Council staff report- July 14, 1987 cc: Murray Warden Andy Takata RESOLUTION 40- 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF MARCHANT WAY ADJACENT TO LOT 79 9590 MARCHANT WAY PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 - WHEREAS, the Council of the City of Atascadero, by Resolu- tion No. 59-87 advised of its intent to vacate a portion of Marchant way as shown on the attached Exhibit ; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publica- tion, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially com- plied with; and WHEREAS, the Council has at the public hearing held July 14, 1987, received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of Marchant Way is unnecessary for present or prospective public use; and WHEREAS, following public hearing, staff was directed to negotiate with the applicant for a property exchange to accompany formal abandonment action and said exchange agreement has been completed; NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows : 1 . The proposed road abandonment of the Marchant Way right-of- way outside Park Reservation "A" is not in conformance with the City' s General Plan policies of preserving potential parkland and acquiring additional recreational areas in the Atascadero Lake area. 2 . The proposed road abandonment of the Marchant Way right-of- way outside Lot 79 , Block JC is in conformance with the General Plan. 3 . Marchant Way has been constructed outside the right-of-way and provides adequate circulation in the area. The right- of-way is not necessary for future road purposes. 4 . The right-of-way is unsuited for development as a non- motorized transportation facility i .e. , primarily for the use of pedestrians, bicyclists, or equestrians. 5 . The vacation of this right-of-way is Categorically Exempt (Class 5) under the provisions of the California Environ- mental Quality act. RESOLUTION NO. 40-90 6 . The Council now vacates a portion of Marchant Way, pursuant to Streets and Highway Code Chapter 3, Section 8320 subject to the following conditions of approval: ( 1 ) The property owner shall obtain fee title to the 1/2 road section of Marchant way Adjacent to Lot 79. (2) The property owner shall seek and obtain the declaration of the remaining 1/2 road section and land between the right-of-way and the existing Marchant Way as City surplus property and purchase accordingly. (3) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. (4) As a part of the abandonment procedure, the City shall retain a 15 foot sanitary sewer easement (7 1/2 feet on each side of the existing sewer line) . A metes and bounds description shall be prepared and found accept- able. This shall be shown on the document to be recorded. (5) All conditions of this approval must be completed prior to or simultaneous to the recording of the abandonment resolution. 7 . The City Clerk shall cause a certified copy of the Resolu- tion of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, or further proof, to be recorded in the office of the County Recorder. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: ROLLIN DEXTER, Mayor City of Atascadero, California RESOLUTION NO. 40-g0 ATTEST: LEE DAYKA, 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 RESOLUTION 41-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING EXECUTION OF A REAL PROPERTY EXCHANGE AGREEMENT BETWEEN MURRAY L. WARDEN AND THE CITY INVOLVING PROPERTIES AFFECTED BY ABANDONMENT OF MARCHANT WAY ADJACENT TO LOT 79, 9590 MARCHANT WAY WHEREAS, the City is desirous of abandoning a portion of Marchant Way; and WHEREAS, the City Council after public hearing on said aban- donment on July 14, 1987 concurred with the recommendation of the Planning Commission to pursue negotiation with the applicant to exchange properties in relation thereto to the mutual benefit of both parties; and WHEREAS, it was the conclusion of the appraisers that said property exchange would result in no exchange of value; and WHEREAS, said proposed exchange is found to be categorically exempt from the California Environmental Quality Act; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero that the Mayor and City Manager are hereby authorized to execute the Real Property Exchange Agreement (attached hereto as Attachment "1" and incorporated herein) on behalf of the City for the exchange of properties described therein; and BE IT FURTHER RESOLVED that the mayor and City staff are hereby authorized and directed to take any and all steps neces- sary to carry out the terms and conditions of said Real Property Exchange Agreement. Passed and adopted at the regular meeting of the City Council of the City of Atascadero held April 10, 1990 by the following vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: ROLLIN DEXTER, Mayor City of Atascadero, California RESOLUTION NO. 41-90 ATTEST: LEE DAYKA, 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 ATTACHMENT 1 BEAT PROPERTY EXCHANGE AGREEMENT This Agreement is made and entered into this c;2-7 day of March, 1990, by and between MURRAY L. WARDEN, an individual, hereafter "Warden" , and the CITY OF ATASCADERO, a municipal corporation, hereafter "City" . Warden agrees to exchange with the City his real property, more particularly described in "Exhibit A" hereto, and the City agrees to exchange with Warden its real property, more particularly described in "Exhibit B" hereto. For the mutual covenants- and conditions contained herein, Warden and the City agree as follows: 1. Exchange Price. The parties hereby acknowledge and agree that they have determined that the value of their respective real properties is equal. As such, the exchange will be consummated without any monetary compensation. 2. Escrow. This sale shall be consummated through, an escrow established with i--( �`-''�' l�' JL�' 0 A. �II�- C` tK�� , California. The closing date for the escrow will be A" Auf 1990 . Escrow shall be considered closed when the grant deed to the property is recorded. -1- Within sixty (60) days after execution of this Agreement, each party shall execute and deliver to the escrow holder its written instructions consistent with the terms of this Agreement, and shall provide the escrow holder with such other information, documents, and instruments as the escrow holder may reasonably require to enable it to close the transactions on the closing date. If the designated escrow holder shall be unable or unwilling to act, the City shall designate another escrow holder subject to Warden ' s approval, which shall not be unreasonably withheld. 3. Vesting Title. On close of escrow, title shall vest in the City of Atascadero, a municipal corporation, and Murray L. Warden. 4. State of Title. Each party shall by grant deed convey to the other a fee simple interest, free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages, except real property taxes, assessments, and a lien not delinquent. Each party shall procure a California Land Title Association standard policy of title insurance in the amount of $50 ,000.00 to a be pal ' by the procuring party and to be issued by of showing title vested in the name of other party and manner in which title is to be held. -2- 5. Proration of Taxes. Insurance. and Interest. Real property taxes, interest in assessments assumed by each party, rents, insurance premiums on hazard insurance assigned to each party, and interest on any indebtedness secured by any deed of trust to remain on the property shall all be prorated as of the closing date on the basis of a thirty (30) day month. Any balance in any tax and insurance impound account shall be credited to the party conveying the real property. Assessments of record shall be paid by the party conveying the real property. 6. Closing Costs. The conveying party shall pay all costs and expenses of clearing title, repairing, executing, acknowledging, and delivering the grant deed, the premium for the title insurance policy, and shall pay any transfer taxes. Each party shall pay their own recording fees (except those in connection with clearing title) , the premium of the title insurance policy, and all fees and costs for any new financing. Each party shall pay one-half of the escrow fees. 7. Notices. All notices and demands shall be given in writing by personal service or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be considered given when mailed. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. -3- To City: To Warden• i City of Atascadero Murray L. Warden Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 8. Covenants. All covenants, warranties, and other obligations contained herein in this Agreement shall survive delivery of the deed. Each party covenants and warrants as follows: a. The subject property is free of any material, physical, or mechanical defects. b. Neither the property, nor the operation thereof, violates in any way any laws, regulations, or building codes. c. All documents delivered pursuant to this Agreement are or will be true and correct copies of originals and represent truly the factual matters stated therein. d. All water, sewer, gas, electric, telephone and drainage facilities, and all other utilities required by law or by the normal operation of the property, are installed through the property lines of the property, and are connected to the property improvements with valid permits, and are adequate to service the property and to permit full compliance with all requirements of law and normal usage of the tenants and occupants of the property. e. Each party has all appropriate licenses, permits, easements, and rights of way, including proof of dedication, -4- building permits, and occupancy permits which are required from any governmental authority having jurisdiction over the property or from private parties as necessary to make use of the property, in order to insure adequate vehicular and pedestrian ingress and egress to the property. f. This Agreement and all other documents delivered now or at the closing, have been or will be duly authorized, executed, and delivered, and are legal, valid, and binding obligations, sufficient to convey title, and are enforceable in accordance with their respective terms, and do not violate any provisions of any agreement to which the parties are a party. g. As of the closing, there will be no outstanding contracts for any improvements to the property which have not been fully paid for, and each party shall cause to be discharged all mechanics' and materialmen's liens arising from any labor material furnished prior to closing . 9. Warrantv. Each party warrants that title to the property shall be free and clear of all liens and encumbrances of any type whatsoever, and each party shall forever indemnify and defend each other from any and all claims of any type whatsoever made by any third party, except under said deeds of trust and taxes, against title, possession, and any other attribute of ownership. -5- 10. Delivery of Property. On close of escrow, each party shall deliver the property to the other in substantially the same condition, reasonable wear and tear excepted, as on the date of this Agreement. This Agreement contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or agreements are replaced in total by this Agreement. 11. Attorney's Fees. In the event any dispute between the parties hereto shall result in litigation, the prevailing party shall be reimbursed for all reasonable costs, including, but not limited to, reasonable attorney's fees. 12. Assignment. Each party's rights and obligations hereunder shall not be assignable without the prior written consent of the other. Subject to that understanding, this Agreement shall inure to the benefit and be binding upon the parties hereto and their respective successors and assigns. 13. Offer and Accepptance. a. Offer. Each party' s signature constitutes an offer to the other to exchange the property on the terms and conditions set forth. This offer shall remain valid and will be open until April 30, 1990. If it is not accepted by each party by that date, it shall be considered revoked, and the escrow holder shall -6- close escrow. If both parties accept this offer within the time specified, communication of acceptance shall be satisfied if the escrow holder orally notifies each of the acceptance by the date and delivers within five (5) days, in person or by United States mail, one copy of the Agreement executed by both parties. The undersigned offers and agrees to exchange the properties under the terms and conditions stated in this Agreement and acknowledges receipt of a copy of the Agreement. b. Acceptance. The undersigned accepts the foregoing offers to exchange the properties and agrees to exchange the properties on the terms and conditions specified. Each acknowledges receipt of a copy of this Agreement and authorizes a copy to the other . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WARDEN: CIT : CITY OF ATASCADERO a� By Mu ayL Warden Mayor AT EST: City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: lf�ty Attorney ARM: fr/AGT: 4 -7- 'o, •� �+ - W 0 EXHIBIT A -� Q� 4a co //9 57 oc • t� � � 1 n . 4 n 4 2 V ,8 D3 yy �r•� j ��3-zS I /�1 a _ WILSON LAND SURVEYS 18 EL CAMINO REAL ATASCADERO. CALIFORNIA 93422 (805) 466-2445 LEGAL DESCRIPTION FOR CONVEYANCE FROM CITY TO WARDEN That portion of Lot 8 Block 12 of Atescadero Colony in the City of . Atescadero, State of California, County of Sen Luis Obispo, State of California according to the map filed in Book 3 of !laps of Atescadero at page 9B in the Recorder's Office of said County and State described as follows: Beginning at a point on the southwesterly line of said Lot 8 said point also being the corner common to Lots 78 and 79 and the centerline of Merchant Avenue of Block J-C of Atescadero according to the reap filed in Rook 4 of Maps at page 568 records of said County; thence along the northerly prolongation of the line common to Lots 78 and 79 of seid Plock J-C North 31 09'14" East (record North 30 55'00" East.) a distance of 7.01 feet; thence leaving said prolongation South 57 02'211 East a distance of 65.25 feet to e point on the northerly prolongation of the line common to Lots 79 and 80 of said Block J-C; thence along said prolongation South 24 58'16" West (South 24 31'00" West record) a distance of 63.47 feet to a'.point on the centerline of Marchant Avenue said point being at the beginning of a curve concave to the east having a radius of 114.80 feet and a radial hearing of North 59 35'47" East; thence northerly along said curve through a central angle of 11 59'53" and an arc length of 24.04 feet; thence North 18 23'02" West (record North 18 24'00" West) a distance of 68.69 feet to the point of beginning. LS 55?% No. 55,71 �. `=I r PA rin ) y sn � � S L � �' ► / / r ►•n v y c• /f � . � c. _ S S 2P R .47. � y �oto J�• � !f ` i f I AllI ' i r'r 20 ! I r r r I { r wo � i ooELI K OD > � -, r) / < , J, _U �, I r 7 9 r- � ( , i y 1• ��,-I Z r'►' /.._ AGE HEM M E M O R A N D U M TO: City Council July 14, 1987 VIA: Michael Hicks, Acting City Manager FROM: Henry Engen, Community Development Director SUBJECT: Road Abandonment 4-86 LOCATION: 9590 Marchant Way APPLICANT: Alvin H. Thompson (R.W. Morris) REQUEST: To allow an abandonment of a portion of the Marchant Way right-of-way. BACKGROUND: On June 2, 1987, the Planning Commission conducted a public hearing on the above-referenced request. Upon review, the Commission recommended approval of the application subject to the fndings and conditions of approval as outlined in the attached staff report. There was some discussion and public testimony given as reflected in the attached minutes excerpt. On June 23, 1987 the City Council approved Resolu- tion 59-87 advising of a public hearing to be heard on July 14, 1987 to consider abandonment. RECOMMENDATION: Approval of Resolution No. 69-87 for approval of Road Abandonment 4-86 and for the City Council to direct staff to work on some type of nego- tiation between the surplus property in front of Lot 79 and Park Res- ervation "A" . A lot merger shall be required as a condition of any property sales. HE:ph Enclosure: Draft Resolution 69-87 Staff Report - June 2, 1987 Minutes Excerpt - June 2 , 1987 cc: Alvin Thompson R.W. Morris RESOLUTION 69-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF MARCHANT WAY PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 ADJACENT TO LOT 79 9590 MARCHANT WAY WHEREAS, the Council of the City of Atascadero, by Resolution No. 59-87 advised of its intent to vacate a portion of Marchant Way as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publication, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially complied with; and WHEREAS, the City Council has at the public hearing received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of Marchant Way is unnecessary for present or prospective public use; NOW, THEREFORE, the Council of the City of Atascadero does re- solve as follows: 1. The proposed road abandonment of the Marchant Way right-of-way outside Park Reservation "A" is not in conformance with the City' s General Plan policies of preserving potential parkland and acquir- ing additional recreational areas in the Atascadero Lake area. 2. The proposed road abandonment of the Marchant Way right-of-way outside Lot 79, Block JC is in conformance with the General Plan. 3. Marchant Way has been constructed outside the right-of-way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes. 4. The right-of-way is unsuited for development as a non-motorized transportation facility i.e. , primarily for the use of pedest- rians, bicyclists, or equestrians. 5. The vacation of this right-of-way is Categorically Exempt (Class 5) under the provisions of the California Environmental Quality Act. Exhibit "A" RESOLUTION NO. 69-87 6. The Council now vacates a portion of Marchant Way, pursuant to Streets and Highway Code Chapter 3, Section 8320 subject to the following conditions of approval: (1) The property owner shall obtain fee title to the 1/2 road section of Marchant Way adjacent to Lot 79. (2) The property owner shall seek and obtain the declaration of the remaining 1/2 road section and land between the right-of-way and the existing Marchant Way as City surplus property and purchase accordingly. (3) The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandonment proce- dure. This agreement shall be reviewed and found acceptable by the City Attorney. (4) As a part of the abandonment progedure, the City shall retain a 15 foot sanitary sewer easement (7 1/2 feet on each side of the existing sewer line) . A meets and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. (5) All conditions of this approval must be completed prior to or simultaneous to the recording of the abandonment resolution. 7. The City Clerk shall cause a certified copy of the Resolution of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, or further proof, to be recorded in the office of the County Recorder. On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: BY: BARBARA NORRIS, Mayor City of Atascadero, California I RESOLUTION 69-89 ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGE11, Community Development Director EX X11 B IT A �a Z , v a _ City of Atascadero Item: B_4 STAFF REPORT FOR: }}Planning Commission Meeting Date: June 2, 1987 BY: � �boug Davidson, Assistant Planner File No: Road Abandonment 4-86 Project Address: 9590 Marchant Way SUBJECT: To allow an abandonment of a portion of the Marchant Way right-of-way. ,'BACKGROUND: Notice of public hearing was published in the Atascadero News on May 22, 1987, and all property owners located within 300 feet were noti- fied on that date. The notice included the posting of the property as required by the Street and Highways Code. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Alvin H. Thompson 2. Representative. . . . . . . . . . . . . . .R.W. Morris 3. Streets. . . . . . . . . . . . . . . . . . . . . .Marchant Way and Santa Rosa are City-maintained streets 4. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-X (Residential Single Family, 20 ,000 square feet minimum lot size with sewer) 5. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence 6. Adjacent Zoning and Use. . . . . .North: L (FH) - Atascadero Lake South: RS, Residential East: L (FH) - Atascadero Lake West: RSF-X, Residential 7. General Plan Designation. . . . .High Density Single Family Resi- dential 8. Environmental Status. . . . . . . . .Categorically Exempt - Class 5 1 C. ANALYSIS: When this application was first received, it raised several issues. It was reviewed as a part of the City-wide road owner- ship question, and furthermore for the proper procedure to aban- don City right-of-ways. The City Attorney has advised us that this is the proper procedure. The applicant is proposing abandoning a portion of the Marchant Way right-of-way (fronting on lots 79 and Park Reservation A) . As Exhibit C shows, the existing single family residence is built within the road right-of-way. The applicant would like to abandon the right-of-way to allow for an addition to the residence. Ad- ditionally, the applicant owns the property designated Park Reser- vation "A" (Exhibits B&C) , and would like to abandon the road right-of-way along this property. The City owns the remaining piece shown as Assessor ' s parcel 23 in Exhibits B and C. If the right-of-way is abandoned, the land reverts back to the owner to the centerline of the road. In this case, Mr. Thompson would gain the 1/2 road section along his property with the City retaining interest on the other 1/2 road section. There are state laws regarding disposal of City surplus property. This action also needs to include the "No-Mans" land between the right-of-way and the existing road. Road abandonments are accomplished by City Council resolution. Under the Streets and Highways Code, the Planning Commission must make two findings: 1. That the vacation is in compliance with the General Plan. 2. That the right-of-way is unsuited for development as a non- motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians. This second finding can clearly be made. Staff analysis will focus on finding #1. Exhibit D contains General Plan policies regarding open space preservation and parkland acquisition. The Atascadero Lake area is highlighted as one of the major recreational areas in the City. Whenever the City is asked to abandon it' s interest in a road or property, it must be absolutely sure that the land will not be needed in the future. In this case, there is potential for a small park at this location. It would not be suitable as an active recreational area, but more suited for a park bench, picnic table, or bus stop. Abandoning the City' s interest in the Atasca- dero Lake area contradicts the General Plan policies of acquisi- tion and preservation. However, staff does recognize Mr. Thompson' s predicament. He was issued a building permit by the county in 1975 and is now "boxed in" from any further expansion of this small house. As the aerial shows (Exhibit C) , there are very steep slopes which hinder expan- sion to the rear . In conclusion, there is one more fact that needs obvious consider- ation. Marchant Way has been constructed outside the right-of- way. It provides adequate circulation for the area. For this reason we feel the right-of-way contained outside lot 79 is not necessary for road purposes. However, the right-of-way along Park Reservation "A" is necessary to retain for future parkland in the Atascadero Lake Area. Thus, staff is recommending a partial abandonment of the right-of-way. RECOMMENDATION• Staff recommends that the City partially abandon the Marchant Way right-of-way based on the findings contained in Exhibit E. DD:ph ATTACHMENTS: Exhibit A - Location/Zoning Maps Exhibit B - Assessor ' s Panel Maps Exhibit C - Site Plan Exhibit D - General Plan Excerpts Exhibit E - Findings Exhibit F - Conditions of Approval CITY OF ATASCADERO EX H I B lT E ..:.7 ASSESSOR MAP COMMUNITY DEVELOPMENT DEPARTMENT .} ''04 A 1. ` moi.. "Y. .a.•.. <ots 79 P� f,, ,. �K Ri5Sl5RV ,4tl0� 0 �) p 1 . 71 so cr Y i Ste!` ?p/'inu e/ 9$to PTN CITY -OF ATASCADiRO:i. -10 eoo/O ns,�; o AMENDED MAP _ 59 OF ATASCADERO A N SAN LUIS OBISPO COUNTY CALIFORNIA 73 7.4 %75 gp35- ez '` G 76PARK PARK RESERVATION "A', 7s 0 ro TT' 0 46 \ a_ • O _ �s - 23I l y ASSESSOR'S BLOCK fO 3, LOT NUMBERS SHOWN `Tl ISt �� +'F,�.R 1 +F �MAE f. R.7Y1 *p y �y k '. 1}�, '1 j 4 �1. ',�'� "r CITY OF ATASCADERO EX � X1� 161 r- -SITE F) Qn — �Ascwp�1 COMMUNITY DEVELOPMENT DEPARTMENT vv °� o F 14 ^` ti ARE __-- - rn `, a'. r F - r ._ _.. _ _. : L, S'49'D9'4�"E ' G6NtER L!N , wN EfJ (,. :-`• ` �. � t1'y ?A - - `�, - � t x _ i .. �. •y��...:.a:s.:w:.�e.-..... .. .. ..'.. .�. �... ........_...�.-r..'w+��wu�..w.W •MAr�irllYi'�""��''+�M�1� IPt�Z1AMr1ia1.'.�rwilwMV# 1�1+...r.....:. t GENECAL PLAN �XCE2PT� Open, space for outdoor recreation includes areas of out- stan g scenic, istori:c or cultural value., areas. parti- cularly outstanding for park. and recreation purposes, 6. $Z including access to lak_eshores, beaches, rivers and streams, and areas which serve as links between major recreation and open space reservations, including utility easements , banks ' of rivers and 'streams, trails,. and scenic highway- corridors . Areas of open space available for recreation that shall be preserved are listed below: The banks and bed of Atascadero Creek The inundation area of the Salinas River Atascadero Lake and its surrounding park The Sunken Gardens Chalk Mountain Regional Park Phi. 83 The three Little League baseball fields The banks and bed of Graves Creek Pine Mountain (in part) The Wranglerette Arena Areas of open space that shall be considered for acquisition fN by a public agency and/or preserved for recreation are listed below: Chandler Parkland E 4. Pine Mountain Amphitheater County-owned lots fronting on Lakeview adjacent to Atascadero Lake Atascadero Lake The 25-acre Atascadero Lake and its surrounding 10-acre park not only provide a home for aquatic and bird life but also serve as the Primary recreational area for the Colony and, indeed, for surrounding portions of the entire County. The park is so heavily used that additional areas will have ��. 96 to be acquired to keep pace with the patronage. A park development plan approved by the Board of Supervisors foresees acquisition and construction of a greater variety and number of recreational facilities. A long-term Capital Outlay Program is necessary to properly allocate construction funds for these projects. EXHIBIT D EXHIBIT E - Findings Road Abandonment 4-86 (Thompson/Morris) June 2, 1987 1. The proposed road abandonment of the Marchant Way right-of-way outside Park Reservation "A" is not in conformance with the City' s General Plan policies of preserving potential parkland and acquir- ing additional recreational areas in the Atascadero Lake area. 2. The proposed road abandonment of the Marchant Way right-of-way outside Lot 79, Block JC is in conformance with the General Plan. 3. Marchant Way has been constructed outside the right-of-way and provides adequate circulation in the area. The right-of-way is not necessary for future road purposes. 4. The right-of-way is unsuited for development as a non-motorized transportation facility i.e. , primarily for the use of pedes- trians, bicyclists, or equestrians. 4. Road Abandonment 4-86: Request initiated by Alvin H. Thompson to abandon a portion of the Marchant Way right-of-way. The proposed abandonment is located northwesterly from Santa Rosa Road, north of Lots 78, 79 and Park Reservation "A" . Mr. Davidson, Asst. Planner, gave staff report, recommending partial abandonment, and staff responded to questions from the Commission. He noted that proposed Cond. of Approval #2 should be amended to read, "The property owner shall seek. . .between the right-of-way to be aban- doned and the right of way of the existing Marchant Way as City sur- plus property and purchase accordingly" . Public Comment Robert Morris, agent for Mr. Thompson, spoke in support of the re- quested abandonment (that property north and east of the center line to the edge of the road, extending across to the end of park Reserva- tion "A") . He reviewed the actual property lines of subject parcel, saying those shown on the overhead are incorrect. He reviewed, at great length, his findings through approx. 3 years of research of County documents regarding subject property. Dirk Mulder, 8250 Santa Rosa Rd. , spoke in opposition to City abandon- ment of any properties it currently owns (in proximity to the lake) to private housing or future structures in the interest of keeping the area as green/natural as possible. MOTION: By Commissioner Michielssen for approval of Road Abandonment 4-86 as per Conditions & Findings for Approval as outlined in staff report, seconded by Commissioner Hatchell. Commissioner Lopez-Balbontin requested an amendment to the motion that the Commission suggests the Council direct staff to work a trade, or other negotiated settlement, between the surplus proper- ty in front of Lot 79 and Park Reservation "A" . Amendment was seconded by Commissioner Michielssen; amendment to motion passed by 6:0 , with Commissioner Copelan absent. Motion, including amendment, carried 6 :0 , with Commissioner Copelan absent. tative Parcel MaP 35-86 : Reque tiated by Tom Bench to allow subd ' *' one parcel containing 3.` s into three lots co g 1.0, 1.13 and 1.3 acres each. Subject p is a at 7503 Carmelita (Ptn. Lot 5 , Block UB A.C. . Mr . DeCam anner, gave staff report, recomme ' �g, denial of r PM 35-86. 4 'Room' p-o-op- ir M4,U&N, - f int 4 1 I'r 14 Itm � t \ t £ F 1 q t 3 } 3 1 'F 1 b t. F F 3 EXHIBIT F - Conditions of Approval Road Abandonment 4-86 (Thompson/Morris) June 2, 1987 1. The property owner shall obtain fee title to the 1/2 road section of Marchant Way adjacent to Lot 79. 2. The property owner shall seek and obtain the declaration of the remaining 1/2 road section and land between the right-of-way and the existing Marchant Wasy as City surplus property and purchase accordingly. 3. The property owner shall indemnify and "hold harmless" the City from claims that may arise from the abandonment procedure. This agreement shall be reviewed and found acceptble by the City Attor- ney. 4. As a part of the abandonment procedure, the City shall retain a 15 foot sanitary sewer easement (7 1/2 feet on each side of the existing sewer line) . A metes and bounds description shall be prepared and found acceptable. This shall be shown on the docu- ment to be recorded. 5. All conditions of this approval must be completed prior to or simultaneous to the recording of the abandonment resolution. Exhibit "B" 44 We �►!.,�\III ©,,�� , /� ♦ �• I OFF ♦ �INS ��.• aw X. PAP X11►�' ��,���� A �.7 /ov ix j'k R1 N Sox c01 OD ti <� O n r Lo BSS vp Ul r 6S_ ix 0 S34 2g. h /3 p} w6Sf ' - N tM fV r ••:«_: S31014 03.W 4�y V - o - _ y S3/ paw -�-. n y ro o e;• • ;�`.•:. Boa f S26 /7 K, v. 'yos' Z v �*t a y a rn an o 0 :0 -0 i'k p rrl Altt" 61h,� 4/10/90 Isr-mi. C-6 SOLID WASTE COMUSSION - HAZARDOU HASTE CoiIMISSION Meeting April 5, 1990 Several items have come up at the above meetings which need to be addressed at the meeting of April 10 if possible. - #1. Dr. Bowland faxed a letter to Ray asking that our City commit to paying for the Hazardous Waste day (originally scheduled for May 19, now to be June 2) at Camp San Luis. HHWC He gave it to me, I took it down yesterday and said we could not commit to anything without it going to the Council. #2. That Commission(HR790) voted after much discussion; to have an event at Camp San Luis on June 2 with the County K Y= fronting the money and each City being charged by how many of their citizens participated. If none of our people go, we pay nothing. If we have 50 people we w: .11 pay proportionately to the cost, which is unknown at this time. SWPIC #3. MEMORANDA CF UNDERSTA10I1G: AB 939 - by July 1, 1990 each City must start the . process of addressing the various elements of 939: The technical committee (Nark has been our rep. , so far. Now Greg will be) they have recommended that the seven cities and the County jointly hire a consultant to draw up this plan. Various ways to fund this consultant were discuss- ed (kicked around and around) . The final motion was that we approve the recommendation of the Technical Committee that $1.00 be added to the fee for dumping garbage (tip- ping fee) to pay for the consultant. . .cost of preparing the plan. Much more funding will be needed soon. There were lots of questions and opinions on the MOU. The bottom line is that I will give each of you a copy of the I16OU and one to Art and Ray and Greg to review before adopting it as is or as a resolution or? amending it or ? Mar j . I � creceived am also enclosing a copy of flyer there If you want to attendWdml �HY mail in an RSVP. F ADMINISTRATION BUILDING ...�.� 6500 PALMA AVENUE tascadei"® POLICE DEPARTMENT ATASCADERO, CALIFORNIA 43422 PHONE: (805( 466-1000 INCORPORATED JULY 2. 197li 8500 PALMA AVENUE ATASCADERO, CALIFORNIA 43422 CITY COUNCIL PHONE: (805) 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: (805) 466-2141 January 29, 1990 Deborah Smith-Cooke Community Projects Coordinator Environmental Health P.O. Box 1489 San Luis Obispo, CA 93406 Dear Deborah, This will confirm Atascadero' s commitment to and involvement in the Household Hazardous Waste Collection Event on the basis of per capita funding and site location in San Luis Obispo. As a postscript, I would also like to say that if there is any way possible to obtain a site location closer to the North County, we would deeply appreciate your consideration. Sincerely, I SOR City Manager RW:cw ( f:HHW) REPORT TO CITY COUNCIL. CITY OF ATASCADERO Agenda IteR: A-6 From: Ray Windsor, City Manager Meeting Date: 1/23/90 SUBJECT: Household Hazardous Waste Collection Event RECOMMENDATION: Council confirm the City' s intent to participate in this one-day, County-wide event, as requested per the attached memo from the County Health Director. BACKGROUND: Inasmuch as Council has already formally indicated its agreement to participate in this program under a per capita funding formula, it would appear that the only question to be resolved concerns the site which will serve as the County Opera- tions Center. As pointed out by Dr. Rowland, it is intended to have the site on County property located on Kansas Avenue in San Luis Obispo. In light of the fact that Dr. Rowland points out that this site is the only one which meets the State criteria, it would appear that we have few options in the matter. Under the circumstances, I am placing this on your Consent Calendar for final action. RW:cw Countyof San Luis Obispo Department of Public Health N1EN10RANDUN4 To CITY MANAGERS Date : JANUARY 8 190 RECit VED Front G. B. ROWLAND, M.D. JAN 101990 HEALTH AGENCY DI CITY MGR. SUBJECT : HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT Attached is a copy of the draft Operations Guide for a single day, single site collection event. We are asking that you obtain program approval through your City Councils, thereby formalizing your vote of approval as expressed in the City Managers Subcommittee memo to the Hazardous Waste Management Commission on November 22, 1989. It has been agreed that this program will be jointly funded, on a per capita basis, by the Cities and the County. Since this is a pilot program, and many unknowns exist, we do not know if the agreed amounts of contributions will fund the three desired events. The actual cost of an event will consist of the contractor's set- up fee (fixed) and the cost of dispoal (variable). Disposal costs will be depen- dant upon the type of material and the quantitiy received. Cost overruns are easily possible when unusual items are received and need special handling/disposal criteria. Total event costs will also include any money spent on emergency services, advertis- ing, education efforts and staff time. The use of existing resources, such as ECOSLO, San Luis Paints, etc. will be better determined after this first event. We will have a better idea of what wastes will be received and what quantities will be expected. Requests for participation have been made, but no formal replys have been forthcoming. It is felt that the offer of "in-kind services" in lieu of full payment of the city's contribution will not be necessary as long as the site is located on County property. It is asked that you remember that any funds withheld will reduce the possibility of future events. The cities expressed the desire to have the event located on County property. Site selection utilizes the criteria detailed from State DHS. Accordingly, after review of several possible site locations, the County Operations Center at Kansas Avenue is the only county site that fully meets the state outlined criteria. Con- sequently, if future events are to be held in other areas of the county, additional sites must be located. Staff feels that placement of the first event is important, and that a central location is most desirable. 1) Because of the uncertainty over the number of events that funding will allow, the first event should be situated to alow the greatest participation from all cities of the county. 2) No city should therefore feel that their area lacked the opportunity to participate and want to withdraw funding. 3) It would also be consistent with the goals of the program, should only one event be held. 4) From all available research, each successive event brings increased participation. If the event were held where participation is greates, the true cost of future events would be more accurately predicated. ( P 1 ) It is necessary to stipulate a date as well as location in the Request for Proposals from contractors. The date of May 19, 1990 was chosen because it is the date that most contractors have indicated as available for an event. The timeline of the event is very tight, any deviation from it may mean that the event must be delayed. Education and Publicity cannot be developed until the day and site, and contractor are determined. This is dependent on the funds being available for use, the RFP being sent, received and reviewed according to that timeline (incorporated within the one attached) . Consequently, only minor modifications of the operations plan may be made after the release of the RFP, as it is dependent upon the operations plan. Please be aware that a contract between the county and the cities will be forthcoming. It will stipulate the amount due, payable by check, and due date as well as any expected participation by city services and how they may be covered. Please reaffirm your city's commit/merit to fund its "per capita" share and confirm your approval of the first site at the County Operations Center on Kansas Avenue in San Luis Obispo by writing to: Deborah Smith-Cooke Community Projects Coordinator Environmental Health P. 0. Box 1489 San Luis Obispo, CA 93406 (805) 549-5596 no later than 2/1/90. SUMMARY OF THE SAN LUIS OBISPO COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM OPERATIONS GUIDE Program Plan This pilot program will consist of a centrally located collection event, held for five hours on May 19, 1990. Depending on funding availability, future events will be held throught other areas of the county. The location for this first event has been decided as the County Operations Center on Kansas Avenue, off Highway 1. The design of the program is that county residents will transport their hazardous household waste to the site. At the site they will complete a questionaire, then the waste will be removed from the trunk of their car and the participant will receive educational pamphlets and a "Thank You. " (Waits can be up to 1 hour depending on participation rates. ) The contractor will supply all necessary trained personnel for this function. At this point, the county becomes responsible for the hazardous waste (as the generator) . The waste goes into the receiving area where it is to be categorized and packaged for transport. Additionally, the contractor will be responsible for all waste separation, analysis of unknowns, packaging, loading, manifesting and transportation for disposal of all materials received. The contractor will supply all necessary equipment to accomplish these tasks. The county or cities will be responsible for the following equipment needs: Traffic cones and tape, trash containers and pick up, portable toilets, empty boxes and extra absorbent material, Class D fire extinguisher, First-aid and burn kits, traffic control vests, and pens and clipboards for the questionaires. In the event of a toxic incident, the contractor is to act as the clean-up contractor, in a manner described in the contingency plan that has been approved by the Hazardous Materials Response Team. Anyone not in appropriate protective equipment must be evacuated in the event of a toxic release. The site will be deemed closed only when all materials have been removed and site is left as it was found. In the event of rain, the collection day will be rescheduled and media announcements will be made. No other contingency plans exist at this time. It is hoped that ECOSLO, County A Extension San Luis Paints s and SLOCO Battery Exchange will enhance future collection events. Material Listing Acceptable: aerosol cans, paint thinner, paint, waste oil, pharmacuticals, pool chemicals, antifreeze, cleaners, solvents, fertilizers, wood preservatives, poisons, pesticides, acids, bases, kerosine, gasoline, batteries, photographic chemicals, and hobby materials. Quantity limits per section 25163 of the Health & Safety Code are 5 gallons or 50 pounds of hazardous waste. Questionaire - The purpose of the questionaire is to discover what types of materials are being brought for purposes of segregation. Additionally, it will be used to collect point of origin information on the wastes and obtain public information on the event itself. Timeline Date Activity 12/89 Identify Locations for the Events Formal Plan Prepared 1/90 Issue RFP for Contractor Obtain EPA I.D. Numbers Event Publicity formation begins Education campaign formation begins 2/90 Review Committee for proposals meets Acceptance of Contractor Notification of State DHS Insurance Requirements completed w/Risk Manager 3/90 Arrangements w/Emergency Response Agencies Publicity/Education Begins 4/90 Continue Publicity/Education efforts 5/90 First collection event held 6/90 Event held, depending upon funding Educational Efforts and Media Advertisements The League of Women Voters has offered educational assistance through their education account. They will solicit funding as well as run all expenses through their account. They are willing to work with ECOSLO who has already developed an educational element for schools, etc. Pamphlets, news articles, grocery bag advertisement, posters, direct mailings, garbage can stickers, radio ads, banners should all be considered. REPORT TO CITY COUNCIL AGENDA ITEM: C-7 CITY OF ATASCADERO THROUGH: Ray Windsor, City Manager MEEETING DATE: 4/10/90 FROM: Andrew Takata, Director fit Parks. Recreation & Zoo Department SUBJECT: ATASCADERO BABE RUTH - REQUEST FOR ADDITIONAL NON-PROFIT ORGANIZATION FUNDING. BACKGROUND: As the City Council is aware, the Atascadero Babe Ruth received $10,000 funding allocation for non-profit organization support from the fiscal year 1989!90 budget. The funding was allocated for the purpose of rehabilitating Alvord Field which included installation of an irrigation, system, placement of. a grass infield and rehabilitating the outfield . Due to an underestimation by Babe Ruth , a total of $15, 118.31 was spent on the above project thus far , which is $5, 118.31 over the funds allocated . Babe Ruth is, therefore, requesting an additional $5, 118. 31 from the City Council at this time to complete the project . AJT: kv ;baber uth Attachment ATASCADERO BABE RUTH BASEBALL GRANT FOR 1990 ASKED FOR $15,000 RECEIVED $9,400 EXPENSES: FARM SUPPLY COMPANY PIPE 3590.24 MARKING CHALK 5.31 LUMBER 54.00 GLUE/FERTILIZER 297.73 CLOCKS & GAUGES 1107.13 sub total 5054.41 S.P. MILLING COMPANY SAND 618.48 SAND 529.81 sub total 1148.29 PACIFIC HOME IMPROVEMENT FITTINGS 38.36 FITTINGS 239.70 FITTINGS 32.39 sub total 310.45 SAN LUIS SOIL SOD 2167.50 sub total 2167.50 C. ROE TRUCKING HAULING CHARGE 581.70 sub total 581.70 TOTAL EXPENSES: $9262.35 BALANCE FROM GRANT 137.65 0 BABE RUTH EXPENSES: ATEX FENCE CO 3163.61 SAN LUIS SOD 1275.00 4--. PACIFIC HOME IMPROVEMENT 86.06 C.ROE TRUCKING, 1061.83 �,,� = - L1 SP MILLING CO 269,46 sub total 5855.76 LESS BALCE FROM 90 GRANT-137.65 TOTAL "OUT OF POCKET" EXPENSE BABE RUTH $5718.31 l