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Agenda Packet 05/08/1990
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 MAY 8, 1990 7 :00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954 . 2 . By listing a topic on this agenda, the City Council has expressed its intent to`.discuss. and act on each item. in addition to any action identified in the brief general description of each item,` the action that may be taken shall include: A referral to staff with specific re- quests for information; continuance; specific direction to staff concerning the policy or mission of the.. item; discontinuance of consideration; authorization to enter into negotiations and exe- cute agreements pertaining to the item; adoption or approval; and, disapproval . Copies of the staff reports or other documentation relating to each item of business referred to on the 'agenda are on file in the office of the City Clerk, available for public inspection - during City Hall business hours . The City Clerk will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five ( 5) minutes . No one may speak for a second gime until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question army speaker; the.. 'speaker may respond but, after the allotted time has expired, may not initiate further discussion: * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: • Introduction of Stephen Hicks, New Building Official Proclamations: • "Peace Day" , May 20, 1994 "Head Start Month`", May, 1990 • "National Nursing Home Week", May 13-19, 1990 I'I COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments, from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items . To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, 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 I 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. APRIL 24 1990 CITY COUNCIL MINUTES 2,. TENTATIVE PARCEL MAP 29-89, 5100 CASCABEL ROAD Subdivi- sion of one lot containing 6 .0 ac. into two' lots containing approx. 3 .2 and 2 .*6 ac . (3afarjan/Volbrecht Surveys) 3. STATUS OF HERITAGE TREE REMOVAL REQUEST (Lindsey/Hilltop Mobile Manor) (Cont'd from 4/10/90) 4. EMPIRE INN MOTEL PROPOSAL FOR TRANSITIONAL HOUSING 5. RESOLUTION NO. 48-90 - AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS DURING FISCAL YEAR 1990-91 I_ 6. AWARD OF BID #90-4 FOR PURCHASE. OF MODULAR PLAYGROUND STRUCTURE - ATASCADERO LAKE PARK 7. RESOLUTION NO. 50-90 - AUTHORIZING: EXECUTION OF SUPPLEMENT NO. 010 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 05-5423--WEST MALL & STATE ROUTE 41 CHANNEL- IZATION, SIGNALS & LIGHTING 8. STATUS REPORT OF CREEKWAY MAPPING COMMITTEE - TIMEFRAME/ RESOURCES B. HEARINGS/APPEARANCES: 1 . RECONSIDERATION OF HERITAGE TREE REMOVAL REQUEST, 14400 EL MONTE (Ranallette) (Cont' d from 4/10/90) 2. TENTATIVE PARCEL MAP 22-89 —APPEAL OF PLANNING COMMISSION DENIAL, 7900/8000 SANTA CRUZ (Long/Knowles) (Cont' d from 3/27/90) 3. TENTATIVE PARCEL MAP 19-89 APPEAL OF PLANNING COMMISSION DENIAL, 7675 BELLA VISTA (Gearhart/Sierra Pacific Engineer- ing) 4. ZONE CHANGE 08-89 - CONSIDERATION OF A REQUEST TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY ZONE (PD-7) AND THE CORRES- PONDING CREATION OF A FOUR-LOT RESIDENTIAL SUBDIVISION AT 7955 SINALOA (Voorhis/Mitsuoka) (Cont'd from 4/24/90) A. Ordinance No. 206 - Amending Map 17 of the official zoning maps by rezoning certain real property at 7955 Sinaloa from RMF/16 to RMF/16 (PD7) (First reading) B. Tentative Parcel Map 26-89 - Approving Findings and Conditions of Approval for Tentative Parcel Map 5 . ZONE CHANGE 13-•89 & TENTATIVE TRACT MAP 23-89, 11455 VIEJO CAMINO - CONSIDERATION OF A REQUEST TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY ZONE (PD-7) IN THE RESIDENTIAL MULTIPLE FAMILY 10/FLOOD HAZARD OVERLAY (RMF/10(FH)) ZONE, AND FOR A TENTATIVE TRACT MAP TO CREATE 19 LOTS FOR SINGLE-FAMILY RESIDENCES WITH 4 LOTS FOR COMMON AREAS (Van Gundy/Boud) A. Ordinance No. 207 - Amending Map 23 of the official zoning maps by rezoning certain real property at 11455 Viejo Camino from RMF/10 (FH) to RMF/10 (FH) (PD7) (First reading) B. Tentative Tract Map 23-89 - Approving Findings and • Conditions of Approval for Tentative Tract Map 3 C. REGULAR BUSINESS : 1. RESOLUTION NO. 49-90 ADOPTING PROCEDURES TO RESOLVE TIE VOTE 2. SOLID WASTE MANAGEMENT MEMORANDUM OF UNDERSTANDING 3. ESTABLISH DATES FOR COUNCIL BUDGET SESSIONS IN JUNE (Verbal) D. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council: A. Committee Reports (The following represents ad hoc or standing committees. 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 5 . Solid/Hazardous Waste Mgmt. Committee & . Recycling Committee 7 . Economic Opportunity Commission a . B. I .A. 9 . Downtown Steering Committee 10 . General Plan Subcommittee 2. City Attorney 3. City Clerk 4. City Treasurer 5 City Manager 4 P R O C L A M A T I O N "MAY: MONTH OF PEACE" . WHEREAS, in recognition of the desire of all Californians to establish a just and lasting peace, the California State Legis- lature has resolved and the Governor has proclaimed that the third Sunday in May of this year and each year thereafter shall be Peace Day; and WHEREAS, it is crucial to our participatory democracy that every citizen take responsibility for the achievement of peace at an individual, community, national and global level; and WHEREAS, the theme of 1990 California Peace Day is "Discov- ering Our Common Ground: A Celebration of Our Similarities and Differences"; and WHEREAS, promoting a secure and healthy future requires that we respect, appreciate and celebrate our similarities and differences and that we cooperate in integrating our diverse perspectives; and WHEREAS, the Legislature has called for all persons , insti- tutions and communities of California to set aside some part of that day toward the promotion and recognition of the peaceful resolution of conflict through mutual understanding and good will; and . WHEREAS, the Governor has urged all citizens to engage in activities on Peace Day that will bring about the conditions necessary for a true and meaningful peace between all nations; and WHEREAS, the Mayor of Santa Cruz has urged the Mayor of Atascadero to join in recognizing Peace Day and "May: Month of Peace" ; and WHEREAS, the recent developments in the world make this an especially appropriate time to work towards discovering our common ground; and WHEREAS, in our local and global communities , substantial work remains in our efforts to accomplish peace, security and dignity for all people; NOW, THEREFORE, BE IT RESOLVED, that the Atascadero City Council hereby declares that Sunday, May 20, 1990 shall be "Peace Day: Discovering Our Common Ground" throughout the City, and May 1990 is hereby declared the "Month of Peace" . •" ROLLIN W. DEXTER, Mayor City of Atascadero, CA May 8, 1990 discovering our common ground PEACE DAY IPM V CALIFORNIA PEACE DAY: Discovering Our Common Ground Sunday, May 20, 1990 and May: Month of Peace Suggestions for Community Action by - Peace Day Project - California Peace Day Committee The theme for California Peace Day 1990 and May: The Month of Peace is "Discovering Our Common Ground". The purpose is to bring people together to appreciate, learn about, and celebrate their similarities and differences on in the context of their common desire for a safe and healthy world. • Contact your Mayor, City Council and County Board of Supervisors, and urge them to proclaim "Peace Day: Discovering Our Common Ground." Enclosed is a suggested Peace Day Proclamation for your use or adaptation. • Formulate a broadbased steering committee to organize community event for California Peace Day 1990: Discovering Our Common Ground and May: Month of Peace." • Celebrate Peace Day: Discovering Our Common Ground -- coordinate a multicultural event, parade, Peace Run, and/or Interfaith Celebration. • Promote Peace Day: Discovering Our Common Ground and May: Month of Peace through local media. • Contact local organizations, government agencies, and churches. Encourage them to inform their membership about Peace Day and May: Month of Peace in mailings, newsletters, and at meetings. • Offer community workshops to learn conflict resolution and mediation skills. • Set up forums, town meetings and mediated dialogues to break through barriers that divide the community and resolve issues with solutions that align all concerned parties. • Organize displays and exhibits in local galleries, libraries, government buildings, shopping centers. • Ring church bells throughout the community. • Have an awards banquet to honor individuals and organizations that build relationships and provide for community cooperation in action. • Encourage individuals, families, friends, and associates to celebrate Peace Day: Discovering Our Common Ground wherever they are. • Contact CPDC for further information at 408/475-0207. Please let us know ASAP how your community is recognizing Peace Day, May 20, 1990 discyovvering our common ground... Peace Day Project 180 Seventh Avenue, Suite 107 k.Lc Santa Cruz,CA 95062,(408)475-0207 E C.�' a) •O.Y V O T. w 0 0U yGyQ) V v G Uy0 y I, - Eye C O O Y c�O 2�) „ ayC o V . b y C0 •)� p L31 Ay > 0 wOc ° U0 �O •C 9 U O Qp co u >, tom. bo V.o a) CLO ° 0 .ti� U 5 '�4 Q)U 'ti :: CV U^k''e[.�yyONQpo.).4`•KOOo3•,,ZqvwC..Y� '•yfly'N'+FcdCC+ y"y`� QO+�O.. U mcO>o YQ►.•) tio `O1 �3;•��Co°+ aaGw •+pT�•dU,U�YO�w�yO�"�^W�^��a'�e,cOo-b,,.b�aOc) 7O'Ta.a..�`�OO 7Gyi A'b~CUo.cCCp N.+tiU•bSead''ay���.-)'•�b��j�C'.�]`l�Sy lyaL�.'—UC�uCu YVO bo 0, GtUO. Cd > GU Q) G u bo •^ 'O ' Y ti caQoGOOs pO Oy G0 Opw > O "Cw e�0".8 o 0 lE 10 Q Q {w C . • y'u � g c a 0 1 ° t" u'b �O iO 0 O y IS.0 Go- ao cy ) w wO O%T •p y COayNLC OOUubO N-C > Q y CO G O aQ 0 YC cd Op:9 o � co- to 0 cdtC r. > � OZ.1O LyyO Oi 1 a6 �O c °Qr. 'r m c w °•O '0' l� b O Co 0 UW4CFSI 7 U .40) 4) ° v °e � Y � r� y j O O— to.C > 0-91G N ci >u3 r cd 0 w /cN , o 7y � y Cc,^ G y0O � N b�V� ► > � . Ex a Q,a 02 9b v^O OxG'COv•LyyC+OWxG •rayC.,1 -a� >:�V~LN1 .,.;a �'OyE�id•cwx OxrrY a �Ua� ypau" �a E� yC� 0� �Y►°. 7 C•/-a> o b ^p U] o > .0 ° YC ooC p C $.'oo00 cl Oo3a= a Ga) ►a a @ o tiy aui° 0o� bo�b ) � aa ►. ° > °34)i ° yoc3o0g 0 0In Q Y 0 O i 0Yu� 54 tOuOGuo U p O U v� Oao Ham • •N ° f ° V � > `+ +•, > 4i1 w Y N O •� y 41 S.. O p a) H G.dNGbo Q A O .22 to �0w �m � BV�iw Y a >OO.GOQ. a - d 000 N � B S.Od N4).- Mw a yVOO w EC m (�C►zs4„+ W° 4) s a 0a . Y> ° � co 4)z*0 4)$ o a o 124 o � to 9«w C yi ° ^2 i A co F. 2 v coI32Cu � 0da, o 0� 0 (sQl Uo � vCQ�T�i G •v d A►'° a 1•0 � Gen m41 � O« .. va &1'40) � .0 oti u �=vya2 � �: a° S y� apO p� ^dad o � 4-) asO ° � v �t �r UZ tko C/> VO ° wo4) 4)Qy ( 0 CIE. 0 20 be >, a .. O a � be , � 44 'OO p O O yp bo '. bou ca a� 033 .°0 :�` �w�����►>., �GWR�C�DS�~Wxx a050ya°oa°' Oo�°'c�qj°a �tW qa.,,'; W �a°vai,�°o�a0u ara'flQN•"°n'� 0e a18.2'+•1oSd r-Y r.2vvC�. �.coI0 'oc g � « " Cd .4 bc � o 9 O >p � • w -U «WWO + v 4) p d�ea�O►.)o° 0�m i ° WG a � N wae >a° auU: � ux 0•° •v � Ol 2wu �,� • P R O C L A M A T I O N "HEAD START MONTH" May, 1990 WHEREAS, the needs of preschool children of low-income families in the City of Atascadero can be met by the services of the Economic Opportunity Commission' s Head Start Program; and WHEREAS, the Head Start Program in San Luis Obispo County serves over 250 families with comprehensive programs to meet their emotional, social, health, nutritional and psychological needs; and WHEREAS, 100 of the special needs children served are main- streamed in Head Start Centers; and WHEREAS, the outreach and training effects of Head Start Programs help provide low-income parents with the knowledge and services they need to build a better life for their children; and • WHEREAS, 1990 marks the 25th year of the Head Start Program in San Luis Obispo County. NOW, THEREFORE, the Council of the City of Atascadero here- by proclaims and officially acknowledges the month of May, 1990 as "Head Start Month" . ROLLIN W. DEXTER, Mayor City of. Atascadero, CA May 8, 1990 • Ei- 0 ECONOMIC OPPORTUNITY COMMISSION • Ob:s= Court, !nc. S8L �n,,IuStnal Way San Luis Obispo, CahTornla 93401 805'544-4355 April 18, 1990 Mayor Rollin Dexter City Hall 6500 Palma Avenue Atascader, CA 93422 e Dear Ma Dsr-. Y On behalf of the Parent Policy Council and EOC Board of Directors, I would like to request that the City of Atascadero proclaim May as Head Start Month at your first meeting in May. EOC has operated Head Start for 25 years. Centers are located in Atascadero,Mono Bay,Nipomo,Paso Robles, San Luis Obispo and Shell Beach. Over 250 families and their young children are served annually through the program. EOC's Executive Secretary will be in touch with you to find out the exact date • of the presentation to enable a EOC Head Start representative to be present. Thank you in advance for your continued support of the Silver Anniversary of Head Start. A sample Resolution is attached for your convenience. Sincerely, Elizabeth -B Steinberg Executive Director ESmp Enc1 Providing Community Action Programs to SLO County since 955 LJr%I rld VNiy . • P R O C L A M A T I O N "NATIONAL NURSING HOME WEEK" May 13-19, 1990 WHEREAS, nursing homes provide a very valuable service to the community in providing support in fostering and enhancing the care and independence of elderly or handicapped citizens; and WHEREAS, the Week of May 13-19, 1990, has been proclaimed National Nursing Home Week across the country as special recog- nition to the role of nursing homes; and WHEREAS, nursing homes offer professional, compassionate and caring support for individuals and their families and seek to create an atmosphere that acknowledges the value of human life; THEREFORE, the Atascadero City Council designates the week of May 13-19, 1990 as "National Nursing Home Week" and commends those who staff nursing homes and acknowledges their efforts to benefit families and individuals in contributing to the well-being and welfare of older or handicapped citizens and our society as a whole. ROLLIN W. DEXTER, Mayor City of Atascadero, CA May 8, 1990 f ATASCADERO CITY COUNCIL MINUTES APRIL 24, 1990 Mayor Dexter called the meeting to order at 7 :04 p .m. ROLL CALL: Present : Counciimembers Lilley, Borgeson, Shiers and Mayor Dexter Absent : Councilwoman Mackey Staff Present : Ray Windsor , City Manager ; Arther Montandon, City Attorney; Henry Engen, Community Development Director ; Andy Takata, Director of Parks, Recreation & Zoo ; Bud M=Hale, Police Chief ; Gregory Luke, Public Works Director and Lee Dayka, City Clerk Oil PRUCLAMATIONS• .� Mayor Dexter read the following proclamations: "Public Schools Week" , April 22-28, 1990 - Mr . Bili Berry was present and accepted the proclamation on behalf of the Masons. Mr . Berry added that this year marks the 70th anniversary of the Masons. "American Home Week" , April 29 - May 5, 1990 COMMUNITY FORUM: Larry Sherwin, 2755 Campo Road , spoke in strong opposition to the General Pian amendment regarding creek setbacks written by Planning Commissioner George Luna. In addition, he questioned why a planning commissioner is not required to pay fees to initiate a General Plan amendment . Mayor Dexter referred Mr . Sherwin ' s question to staff and suggested that he state his concerns in writing for consideration during the upcoming review of the creekway issue. Terri ! Graham addre=sed the Council regarding the issue of mandatory garbage collection. Mr . Graham was against this concept claiming it to be an inappropriate, regressive form of taxation and a violation of freedom. CC4/24;9U 1 i this would not be a public hearing . No date was set . 2. City Attorney Mr . Montandon announced that he had been appointed to the committee to draft the Municipal Law Handbook for the California City Attorneys Association. 3. Police Chief Chief McHale gave an update on the construction of the new police facility. 4. City Clerk - No report . 5. City Treasurer - No report . 6. City Manager Mr . Windsor reported that salary negotiations have begun with the employee groups. He requested that the Council create a subcommittee of two of its ' members to look at his own, individual contract . Mayor Dexter appointed Councilmen Shiers s and Lilley, who both accepted . 7. Director of Parks, Recreation & Zoo Andy Takata announced two special events calendared for Sunday, April 29th : The 3rd Annual Criterium Race in Sunken Gardens and the opening of the Serval Cat Exhibit at the Charles paddock Zoo . THE MEETING WAS ADJOURNED AT 8:54 P.M. TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL ON MAY 8, 1990 AT 7:00 P.M. M I NU cCA 7 ECORRDED AND PREPARED BY: LEE DAYKA, City Clerk CC4/24/90 9 REPORT TO CITY COUNCIL STAFF REPORT ITEM: A-2 FOR: City Council Meeting Date: 5/8/90 File No: TPM 29-89 BY: Henry Engen, Community Development Director A/ SUBJECT: Subdivision of one lot containing 6 . 0 acres into two lots containing approximately 3 . 2 and 2 .6 acres each at 5100 Cascabel Road (Bill Safarjan - Volbrecht Surveys, agent) . RECOMMENDATION: Per the Planning Commission' s recommendation, approve Tentative Parcel Map 29-89 based on the Findings and Conditions of Approval contained in the staff report. BACKGROUND: On April 17 , 1990, the Planning Commission conducted a public hearing concerning the above-referenced subject. On a 7 : 0 vote, the Commission recommended approval of the map subject to the Findings and Conditions of Approval contained in the attached staff report. There was brief discussion as referenced in the attached minutes excerpt. HE :ps Attachments : Staff Report dated 4/17/90 Minutes Excerpt dated 4/17/90 CC: Bill Safarjan Volbrecht Surveys • CITY OF ATASCADERO Item: �. 2 STAFF REPORT FOR: Planning Commission Meeting Date: April 17, 1990 BY: Karl Schoettler, Assistant Planner File No: TPM 29-89 SUBJECT: Subdivision of one existing lot containing a total of 6. 0 acres into two (2) lots containing approximately 3.2 and 2. 6 acres. RECOMMENDATION: Staff recommends approval of TPM 29-89 based on the Findings for Approval in Exhibit E and subject to the Conditions of Approval in Exhibit F. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Bill Safarjan 2. Representative. . . . . . . . . . . . . . .Volbrecht Surveys 3. Project Address. . . . . . . . . . . . . .5100 Cascabel Road 4. General Plan Designation. . . . .Suburban Single Family 5. Zoning District. . . . . . . . . . . . . .RS (Residential Suburban) 6. Site Area. . . . . . . . . . . . . . . . . . . . 6.0 acres 7. Existing Use. . . . . . . . . . . . . . . . .one single family residence 8. Environmental Status. . . . . . . . .Negative Declaration posted March 27, 1990 ANALYSIS: The application before the Commission proposes to subdivide one existing lot containing a total of 6.0 acres into two lots containing approximately 3.2 and 2.6 acres. The General Plan designation for this site is Suburban Single Family and the Zone designation is RS (Residential Suburban) . The property is located near the northern terminus of Cascabel Road adjacent to Graves Creek and has one single family residence toward the rear of the lot. Minimum lot size in the RS zone is 2.5 to 10 acres depending upon • the minimum lot size determination using performance standards established by the Atascadero Zoning Ordinance. Staff has determined that the minimum lot size for this site is 2. 58 acres. Lot size factor Distance from Center (8, 000-10, 0001 ) 0. 25 Septic Suitability (21. 0 min/inch avg. ) 0. 75 Average Slope (5%) 0.5 Access Condition (Paved road, <15% slope) 0. 40 General neighborhood character (3. 41 acres) 0. 68 Minimum lot size. . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 58 acres The proposed lot sizes of 3. 2 and 2. 6 acres meets the minimum lot size requirement under the Residential Suburban zone. The septic suitability of the site is approximately 21 min/inch and is classified as "moderate". A concern related to this case is that the subdivision will result in the creation of a flag lot (parcel 1) . The Atascadero Subdivision Ordinance (Section 11-8.209) states: "Flag lots may be approved for subdividing deep lots subject to the following findings: (1) the subdivision is consistent with the character of the immediate neighborhood; (2) the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) the flag lot is justified by topographical conditions. With respect to finding number one, Exhibits A and B show that parcels in the surrounding neighborhood are similar in size and configuration, with a number of flag lot parcels present. The second finding concerns the installation of a standard city street as an alternative to the creation of a flag lot. In this case it seems that it is inappropriate to require the installation of a standard city street to serve one lot. Finding #3 refers to the presence of topographic conditions that would justify the creation of a flag lot. The site in question consists of a fairly level lot. However, the primary consideration here seems to be the configuration of the existing lot which has a relatively short frontage along Cascabel Road, as well as the presence of the existing single family residence lying to the rear of the lot. Therefore, the remaining area most suited for further building exists towards the front of the existing lot. Thus, the existing conditions argue in favor of a flag lot configuration as the most logical way to divide the property. Another issue of importance is the presence of Graves Creek along the north side of the proposed subdivision. As a mitigation measure to preserve the creek in a natural, undisturbed state, staff has conditioned this subdivision to include a fifty foot open space easement along the property lines adjoining the creek. The easement would be reduced to fifteen feet where a fifty foot easement would conflict with the existing structure. This still leaves ample room for development on the remainder of the parcels. CONCLUSIONS: The design of the proposed subdivision is in conformance with the City' s General Plan and Zoning Ordinance. The required findings can be made to allow for creation of a flag lot. The City' s Public Works and Departments have reviewed this proposal and added their own conditions of approval. KCS/kcs ATTACHMENTS: Exhibit A - Zoning Map Exhibit B - General Plan Map Exhibit C - Tentative Parcel Map Exhibit D - Negative Declaration Exhibit E —Findings for Approval Exhibit F - Conditions of Approval EXHIBIT A ?' .,.. : .. . „ CITY OF ATASCADERO LOCATION AND ZONING —,r�:.! a ' COMMUNITY DEVELOPMENT TPM 29-89 DEPARTMENT �t 06 / c9 / �/ FF R Si _ SITE 5100 cascabel Rd. o Zone: RS R / L(FH) IM ���cf• _ a , ti L(FH) y N . - \ 1 R-S ` .,.� EXHIBIT B CITY OF ATASCADF,RO GENERAL PLAN MAP � 5 ��» COMMUNITY DEVELOPMENT TPM 29-89 DEPARTMENT PU LIC \� v RIC. r pK • LTURE 4 \ OWL �f1.0r i ?p � b SITE �ti♦ 5100 Cascabel Rd. Suburban Single lopS Family ~7 SAM t AG ICU EXHIBIT C ,1. , . CITY OF ATASCADERO TENTATIVE PARCEL MAP — AOSCAuCOMMUNITY DEVELOPMENT TPM 29-89 40 - ,+ J DEPARTMENT Rpt i\ CASpABEt j 8p9 pF����."sxw• d\ ei�t� y �a r5+'"a�arJ x+s+ ,ase / A cr 'd% G� s'1ea� � \9• r e�Y i i M �+ R* tj + p 9!, �z RO oJow eel ww �■ •a EXHIBIT D CITY OF ATASCADERO 14141" ,.,. „-„. , ,:� 7 ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATIO0 CON MUMTY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: V�1 LL 5 A-FA.iZ -:1-AQ 51CO CAS ,1C.AgGL LITA�CA DEzp� CA �_-1�,LtZ PROJECT TITLE: 1 F-v7ATWG F'QJZcr=7L MAP PROJECT LOCATION: '5100 C.A SCA Sou (-T Z Z OL-00< (G 4-FW m1_),57rC c.ci c o,) PROJECT DESCRIPTION: cc Z Ac—C5 I 1,J-To Ti.�.'O [✓vTs C tJ'Ttk i 1.i c tiU Z •C� A4,D 2Z - �. p.CkC= FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 0 3. The project does not have impacts which are individually limited, but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERNIINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment. Henry Engen Community Development ctor Date Posted: C-” a1 7 �99v Date Adopted: CDD 11.89 y EXHIBIT E - Findings for Approval Tentative Parcel Map 29-89 5100 Cascabel Road ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2 The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. Flag Lot Findings: 1. The subdivision is consistent with the character of the immediate neighborhood. 2. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 3. The flag lot is justified by topographical conditions. EXHIBIT F - Conditions of Approval Tentative Parcel Map 29-89 5100 Cascabel Road (Safarjan) April 17, 1990 CONDITIONS OF APPROVAL: 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 2. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Obtain an encroachment permit from the City of Atascadero Engineering Division and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. Improvements required shall be as follows. a. Construct a four foot graded and based shoulder per City Standard A-1 along the Cascabel Road frontage of the property. 4. Construction of the public road improvements shall be completed prior to the recording of the map. 5. Offer to dedicate to the City of Atascadero the following right of way. Street name: Cascabel Road Limits: 20 feet from centerline to right of way along entire property frontage. 6. Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the map. 7. Access to Parcel 1 shall be through the flag portion of the lot. 8. Parcel 2 shall have access from the accessway serving (and owned) by Parcel 1 only. Relinquishment of access rights for Parcel 2 shall be delineated on the final map. Parcel 2 shall have access and utility easement rights over the accessway serving Parcel 1. These shall be designated on the final map. 9. Private road improvement plans, prepared by a registered civil engineer, shall require approval prior to recording of the final map. These shall include the accessway of twenty- four feet wide with twenty feet of pavement, as required by the Subdivision Ordinance. The construction of the access to the rear parcel shall be completed prior to the recording of the final map. 10. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall be placed on the final map. 11. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot. 12. Upgrade fire hydrant to city standard at entrance to easement. 13. A fifty (50) foot open space easement along the property lines adjacent to the creek shall be established. This shall be reduced to fifteen (15) feet where the fifty foot easement would conflict with the existing residence. This shall be shown on the final map. 14. A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s • Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. Monuments set within any road right of way shall conform to city standard drawing M-1. b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing when the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 15. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. MINUTES EXCERPT - PLANNING COMMISSION - APRIL 17, 1990 2 . TENTATIVE PARCEL MAP 29-89 - Application filed by Bill Safarjan (Volbrecht Surveys) for the subdivision of one existing lot containing a total of 6 .0 acres into two lots containing approximately 3 . 2 and 2 . 6 acres at 5100 Cascabel Road. Karl Schoettler presented the staff report . Staff is recommending approval of the request subject to 15 conditions. Commission questions and discussion followed. Commissioner Luna asked if 60 feet could be taken from Parcel 2 and added to the flag width of 30 feet which could then protect the trees at the entrance and would enable putting in the driveway on a flatter slope away from the curve. Mr. Decamp stated it would be possible to move some property and bring the driveway out on the other side of the tree which would provide better site distance from the curve in the road. Alan Volbrecht, agent for the applicant, addressed Commissioner Luna' s concerns noting that by paralleling the lot lines, a pocket of land is created that becomes difficult to utilize for either parcel. He indicated concurrence with the staff report and complimented Mr. Schoettler on a well prepared report. MOTION: By Commissioner Brasher, seconded by Commissioner Highland and carried 7 :0 to approve Tentative Parcel Map 29-89 subject to the Findings and Conditions contained in the staff report. REPORT TO CITY COUNCIL CITY OF ATASCADERO ITEM: A-3 Through: Ray Windsor, City Manager Meeting Date: 5/8/90 From: Henry Engen, Community Development Director fir/ SUBJECT: Status of heritage tree removal request at Hilltop Mobile Manor, 5715 Santa Cruz Road (continued from April 10, 1990 City Council meeting) . UPDATE: At the April 10, 1990 meeting, this matter was continued for discussions with the resident manager on the alternative possibility of moving the mail box location and/or realigning the driveway. As indicated in the attached communication, the managing partner, Rene Merlander, indicates that they are withdrawing their . request in favor of trimming the tree. Trimming of more than 30; of the tree' s crown would require a permit but does not require Council action. HE:ps cc: Rene Merlander Lisa Schicker RECEIVED APR R. M. Management Co. 4033 Via Valmonte Palos Verdes Estates, CA 90274 For : Hilltop Mobile Manor , 5715 Santa Cruz Road April 27, 1990 Henry Engen , Dir Comm Dev Atascadero Dear Mr . Engen .- Re : ngen :Re : Heritage Tree Removal at Hilltop Mobile Manor Thank you for your letter of April 18 and we• have , indeed , used the time given to us for extensive consultation with several qualified arborists, including the City arborist , and with qualfied tree service experts . Our concern , as also communicated to you and the Council by City Arborist Lisa Schicker , must be primarily for the safety of our tenants and to reduce to the absolute minimum our liability exposure . Therefore , in the light of the Council ' s unwillingness to approve our request for removal , we ask for a permit for additional pruning of subject tree . This pruning will be somewhat more than one third of the current crown/canopy but will serve to significantly reduce stresses on the trunk and • increase safety . Our consultants feel there is every likelyhood that the health of the tree will be maintained . We do appreciate the time and talent that are being applied to this situation by all parties ; it is surely difficult to balance the issues of safety and liability on the one side with the love for our beautiful , stately oaks , which we all share , on the other . We look forward to hearing from you . Cordially , Rene' Merlander Managing Partner cc : John W. Doherty , general partner William Lindsey , resident manager Lisa Schicker , Atascadero City arborist • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 Through: Ray Windsor, City Manager Meeting Date: 5/8/90 From: Henry Engen, Community Development Director SUBJECT: Request by the County' s Department of Social Services and the Housing Authority of the City of San Luis Obispo for support in obtaining funding to convert the Empire Inn Motel to a transitional housing facility for homeless families. RECOMMENDATION: • Authorize the City Manager to transmit the attached draft letter and accompanying documentation. ANALYSIS: The Empire Inn Motel, which was a nonconforming use in an RMF-16 multi-family zone,is currently vacant. The County and the San Luis Obispo Housing Authority, which provides Section 8 services County- wide, are interested in acquiring the motel and utilizing it for occupancy for homeless families. As indicated in their attached April 17 , 1990 letter, the proposed use would provide on-site staff and security to provide for a secure family setting. The site lends itself to privacy and devel- opment of this use is permitted under multi-family zoning. The Housing Authority proposes to renovate the facility and provide for fourteen ( 14) units, together with a manager' s apartment, fenc- ing, a new roof, etc . They have a May 24th deadline for their application. HE:ph Encls : April 17, 1990 - Housing Authority Letter Draft letter for City Manager' s Signature Evidence of Consistency with Local Plans Evidence of Permissive Zoning Evidence of Environmental Review i ADMINISTRATION BUILDING w 6DE PALMA AVENUE Atlwwmm� seadet®ATASCADE RO, CALIFORNIA 93422 POLICE DEPARTMENT PHONE: (805) 466-8000 ORPORATED 6500 PALMA AVENUE ATASCADERO, CALIFORNIA 93422 CITY COUNCIL CITY CLERK PHONE: (805) 466-8600 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 May 9 , 1990 Mr. George J. Moylan Executive Director, Housing Authority City of San Luis Obispo 487 Leff Street P.O. Box 638 San Luis Obispo, CA 93406 Subject: Empire inn Motel Transitional Housing Proposal . Dear Mr. Moylan: The City Council, at their meeting of May 8 , 1990, considered your proposal , and have authorized me to proceed with a letter of endorsement on their behalf. We appreciate the fact that this project would meet a real need for housing for families displaced from their homes . At the same time, this type of use would rectify the nonconforming status of the Empire Inn Motel . This location is close-in to the Center of the City, while having a hilltop site that provides for a quiet and secure location. Please advise if we can be of any further assistance. we wish you success in your application. Sincerely, Ray Windsor, City Manager City of Atascadero HE :ph Encls : Evidence of Consistency with Local Plans Evidence of Permissive Zoning Evidence of Environmental Review ADMINISTRATION BUILDING ._.�._. 6DE PALMA AVENUE 114aseadet's POLICE DEPARTMENT ATASCADERO, CALIFORNIA 93422 PHONE: (805) 466-8000 NCORPORATJULY 2, 1979 6500 PALMA AVENUE ATASCADERO, CALIFORNIA 93422 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 M E M O R A N D U M TO: Whom It May Concern May 8, 1990 FROM: Henry Engen, Community 'Development Director SUBJECT: Evidence of Consistency with Local Plans - 5800 Ardilla This is to advise that the former Empire Inn Motel property-at 5800 Ardilla is located in a, High Density Multi-Family Residential Land Use category in the City' s General Plan. Hence, the proposed use is consistent with ` the' present General Flan. Additionally, the Housing Element of the City' s General Plan encourages conservation and preservation of housing stock and programs that seek loans and grants for.rehabilitation, Tt also ,includes specific language to tlencourage the rental assistance- of fort, .,including participation in available Federal ° and State Housing AssistantProgramstl and states that Knew construction, of_-additional assisted housing should be of high priority" . Importantly, in respect to this particular program, there I s a stated,, policy that,,*1t.he- people who need housing assistance the most should :be given the- first available choice" . This program will clearly pravide, for urgent,,,-,"assistance to low and moderate income families, which is a 'central goal of the Housing Element. HE :ph ADMINISTRATION BUILDING ..,.�� 6DE PALMA AVENUE Atlla�� ascadeiCa POLICE DEPARTMENT ATASCADERO, CALIFORNIA 93422PHONE: (805) 466-8000 ORPORATED 6500 PALMA AVENUECITY C NATASCADERO,CALIFORNIA 9CL CILPHONE: (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 W- E M o R A N D U M TO: Whom rt 'May Concern May 8, 1990 FROM: Henry Engea,jun t . �uel.ap t -Director SUBJECT': Evidence of, Fermi,441ve' Zoiiizfg, = '5'800' Ardill.a a q The former Empires- Motel fi at� 5.800Ardilla in, Atascadero is zoned RMF 16 (Res identia&��Xulti-family, ,sixteen (16) units per acre) ,,, which allows this .partcar:M.use� .LL HE:ph �` ' '� ADMINISTRATION BUILDING .-�.. 6500 PALMA AVENUE �aseadet® POLICE DEPARTMENT ATASCADERO,CALIFORNIA 93422 PHONE: (805( 466-8000 INCORPORATEDJULY 2, 1979 6500 PALMA AVENUE ATASCADERO,CALIFORNIA 93422 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 M. S M O RAN D U M` TO: Whom It May ConEtrn. May :8, 1990 FROM: Henry'.Engen, Comm uhitVt",Dev 'lo ent Director SUBJECT: Evidence of Environmental Review - 5800 Ardilla This is. to advise..that 'we have reviewed the proposed conversion of the former, Empire,. I'2uie Motel, site :for transitional housing and rehabilitation,.'df the 'facilityll_ Pursuant to the ' California En- vironmental Qual°ity'" Act`, =this would: be a-'Class:",,", Z ,Categorical Exemption _(9xl.,:tinq Facillities) W' ;r fi 5 HE:ph Zn gm p a , L � . .3 {W"4 Eve Di -suety RECEIVED George I Moylan APR 18 L%0 April 17, 1990 CITY MGR. Mr. Raymond Windsor Chief Administrative Officer City of Atascadero P.O. Box 747 Atascadero, CA 93423. Dear Mr. Windsor.: Thank you. for;the opportunittp to tweet with;,you last weep to discuss the Empire. Inn and the potential plans. for'the` use of that facility. As per that meeting the intent iarfor° the`motel to be acquired by one of the Housing Authority`s two''non-profit corporations, probably the San Luis Obispo Non-Profit Housing `Corporation«, The.. facility will then be used as a transitional housing facility for.;homeless famil,ies.`Trogram,operations and supportive services will" be administered by,-,the Economic*Opportunity Commission with maintenance and upkeepof ttie physic l plant provlded by the Non-Profit Housing Corporation. 4 Families would a re£e�rred'to� the�jprog am:"from, t�e .two .existing Women's Shelters in the county'`as +sell -`as .,theesmergency`Someless=T Shelter here in San Luis Obispo. Families' would"reside'"ar the:' ty, far`-a-`maxiMum of six months. Each family would be required; to develop 'am actiom Asn` with,`staff that would consist of -peraanent Itousisxg�develoegct fob'` deveioptt� money management training, ,,�s6 tdlizati,on;trai tin ani c77 carni: £ami t we bens would take advantage of a j - midewariety of coraw;paretfog:classes to literacy training tO`counse .,,sfx i�tonths eac1 : family'would' receive a Section 8 Pertiffcatn-dr, , dticcher- froom tete $c t�sf�r 'i thorttp which mould permit them to secure permanent lausitig. fihe families::wili` continue to receive program ;- services'far °aa additiottial, months fipuordex that they may fully transition back #ntes tl �comm �� � � s � x fi 31 Re IN 444 pn-sit:e" ta££ ;will ' a�►fc ed � imcleide a� Case-.Manager, 'a Housing/ .lob Developer and an oire�ght' see pyusrt . pe£tly program operations will g :begfn, by Januarys tl� ma .ority of funds for thepro ram will come from ;. :. y`ederal McHiiueg Act eye brr�eltet, tr;;fuads will'"come from state' and local sources«' Foti iasttnce thtasing', Auti�toritp;`will `put up aro;$200,000 of it's own tteoney,inter the acquisitionf the tEtdg vis f tis 'nonprofit`corporation. We are in a national competition for these funds so all that we can do to put together a superior application will be most important. As per the attached "Additional Documentation" form the support of the City of Atascadero will be needed. That support is to include "Evidence of Consistency with Local Plans", "Evidence of Permissive Zoning", and "Evidence of Environmental Review", items 5.2, 5.3 and 5.4 on the attached. A separate letter of support from the City of Atascadero will also be needed. If possible we would like to receive all of the above by May 15. Sincerely, George J. Moylan Executive Director • Tral'Sltiinal Housing (TH) U.S.Department of Housing Part 5 and Urban Development OONO Office of Community Planning Additional Documentation and Development OMB Approval No. 250 Name of Applicant 111StrUctioflS: Attach sheets to this form providing the required information in the order it is described on this form. Label each attachment.To ensure that the necessary information is submitted,place check marks in the boxes which appear below when the information is assembled in order and attached to this form.Item 5.4.may not apply to your proposal.In such a case,write'NA"(not applicable)in the box. _ 5.1.Certification of Consistency with Comprehensive Homeless As- sistance Plan:All applicants arerequired to provide the following special certification from the appropriate State or local government official: I,(name and title),authorized to act on behalf of the(State,cityorcounty), do certify that the activities proposed by(name of applicant)are consis- tent with the Comprehensive Homeless Assistance Plan submitted by the (State,city or county)on(date),having addressed the need for assistance and the marmer in which such assistance will enhance and complement df /�"I�LyJCe+��✓Q�'Di,a��✓ �r�Py available services as referenced in such a plan. (Signature,title and date) Reference:section 577.210(bx7). E2.Evidence of Consistency with Local Plans:Submit a written state- lm ��'D��c''� �'D�7�0/�i��✓ 61� ���/�U ent,on official stationery,fiom the unit of general local government in which the project is proposed to be located indicating that the proposed uses of the structure and the site are not inconsistent with any plan of the local government which may have an effect on the use of the structure or the site. Alternatively,if a written statement has not been provided, submit evidence demonstrating that a written request was made to the unit of local government for the statement and the statement has not been received within 30 days after the request.Reference:section577.210(bx8). �5.3. Evidence of Permissive Zoning:Submit one of the following forms of evidence for each site: a. A written statement from the unitof general local government in which the project is proposed to be located or copy of an official document showing that the proposed use of the site(give the property address) is permissible under applicable zoning ordinances and regulations;or b. A written statement from the applicantdescribing theproposed actions necessary to make the use of the site(give the property address)permis- sible under applicable zoning ordinances and regulations,with evidence that there is a reasonable basis to believe that the proposed zoning actions will be completed successfully and within fourmonths following submis- sion of the application Reference:section 577.210(bx9). 5.4.Evidence of Environmental Review:Slate and certain local govern- ment applicants must submit a letter of participation agreeing to assume the Federal responsibility for assessing the environmental effects of the proposed facility in accordance with section 104(8)of the Housing and Community Development Act of 1974, the procedural provisions of NEPA.and the regulations contained in 24 CFR Part 58. Reference. section 577.210(c). - form HUD-40076 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A -5 ----------------------------------------------------------------- Through: Ray Windsor, City Manager Meeting Date: .' From: Richard H. McHale, Chief of Police ' I ----------------------------------------------------------------- SUBJECT: State purchasing agreement. RECOMMENDATION: Consider and execute the attached standard State formatted resolution which will allow our City to purchase materials, supplies, vehicles and equipment at significant savings. (Resolution No. 48-90) DISCUSSION: The State of California allows local agencies the opportunity to purchase a variety of equipment, including special-use vehicles through a cooperative bidding process. During the past ten years, many of our police cars as well as • some public works and planning vehicles have been purchased in this way. In some cases we went to public bid for our cars and found that area dealerships were as much as $1,500.00 more per unit, thus we bought through the State. It is our preference, of course, to purchase locally when the costs are at least close - we find, however, that this is typically not the case. Please note that this resolution will only provide us the opportunity to purchase from the State, and no specific purchasing is being proposed at this time. The State requires this resolution to be executed annually for cooperative purchasing. FISCAL IMPACT: no impact at this time. To be used for future (1990-91 F.Y. ) purchases as may be authorized by City Council �in keeping with the newly adopted budget. RHM:sb Attachments: • RESOLUTION NO. 48-90 • A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS DURING FISCAL YEAR 1990-91 WHEREAS, pursuant to Section 14814 of the Government Code, the City Council for the City of Atascadero does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase materials, supplies and equipment for and on the behalf of the City of Atascadero, and FURTHERMORE, the City Manager is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Atascadero. On motion by Councilmember seconded by Councilmember , the foregoing resolution is hereby approved on the. following roll-call vote: AYES: NOES: . ABSENT: ADOPTED: ATTEST: LEE DAYKA, City Clerk ROLLIN W. DEXTER, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER R. MONTANDON, RICHARD MC HALE, City Attorney Police Chief • REPORT TO CITY COUNCIL AGENDA ITEM: A-6 CITY OF ATASCADERO THROUGH: Ray Windsor , City Manager MEETING DATE: 5/8/90 FROM: Andrew Takata, Director Parks, Recreation and Zoo Department SUBJECT: AWARD OF BID FOR PURCHASE OF MODULAR PLAYGROUND STRUCTURE BID NUMBER 90-4 (Atascadero Lake Park - Additions to existing playground structure. ) I RECOMMENDATION: City Council award Hid Number 90-4 in the amount of $6,777.39 to : A-1 FENCING AND PLAYGROUNDS 3253 Rosemont Drive Sacramento, California 93422 DISCUSSION: This item was discussed and authorized as part of the 1989/90 budget update. A-1 Fencing and Playgrounds was the only bid received . It is that Hanson Associates and R.G. Detmers and Associates submitted documentation stating their inability to retrofit equipment to existing Miracle Company playground equipment . FISCAL IMPACT: Funds sufficient to purchase the playground equipment have been allocated in fiscal year 1989/90 budget . AJT: kv • ;bid90-4 • BID SUMMARY TO: Andy Takata Department of Parks, Recreation & Zoo FROM: Lee Dayka City ClerkjL---�' BID NO. 90-4 OPENED : 4/5/90 10:00 A.M. PROJECT: Modular Playground Structure The following bids were received by my office and opened this morning: Supplier's Name Tat alPrice, Terms/Discounts and Address A-1 Fencing and , "$6 y 777.39" �None Playgr6unds" 3253 Rosemont Dr . • Sacramento, CA 9582b Hanson Associates No Bid P.O. Box 2096 ` Orange, CA� 92669 R.G. Detmers &. ASSOC. Nc- .Bid` P.O. . Dazs 2244 ,. West Covina, CA, 91793 Attached, please -fjind ..cap4escff° the thr-.ee. abave-mentioned bids. Please make a „sbpeci,al "`Mote of the comments .. ,_- received from both Hanson Associates and,,, R G tv -.~°fletmers °'p.ec fyi ng why they did not bid on this item. : r c : Cathy Sargent Finance A-1 Fencing Bid Bid 90-4 BID FORM The undersigned bids as follows: Item I otv. I Unit I Description I Total 1 3' high and 5' high deck combination each 4' x 4 ' - COLOR: brown 2 8' long PVC slat suspension bridge COLOR: brown .3 ROCKITE "L" shaped _ tube slide with panel for 5' deck COLOR: yellow 4 PVC coated cargo net climber for 3' deck COLOR: dark blue 5 8' long horizontal ladder with end climber and 4" x 4" end posts , - COLOR: dark blue b curved climbers for 5' deck COLOR: dark blue 7 vertical chain ladder climber with frame for 5" deck COLOR: dark blue Subtotal �9 Sales Tax 3079 ^/J I� :TOTAL. ,7 BID 90-4(cont 'd) Bid Form Page 2 To the CITY PURCHASING AGENT: In compliance with the above invitation for bids, and subject , to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 30 days from the date of the- opening , to'-furnish any or all of the items upon which. prices are quoted, at the price set opposite each item, delivered at the point as specified and, unless otherwise specified within fifteen days after receipt of order . Discount of % will be allowed for payment within 30 days from date of delivery. P 1 IMPORTANT INSTRUCTIONS TO BIDDER I I Bids must be sealed and I By IJI ! addressed to: I (a thorqFzed s nature) I CITY OF ATASCADERO I Title i City Clerk ! i 6500 Palma Avenue I Atascadero , CA 93422 1 I Mark Envelope: "Bid No. 90-4 1 (ONE COPY OF THIS BID TO BE RETAINED BY BIDDER) ACCEPTED as to items numbered CITY OF ATASCADERO Date Order(s) No. By Purchasing Agent Jr zh `w l � F VY Qj C9 N �- 00 LO EL o Q - dS N '� CIQ O C w t� W m � z V n_ Z5 co L W Z. n; W U- R. G. Detmers andAssociates Bid 90-4 BID FORM The undersigned bids as follows: Item I Qty. I Unit I Description I Total 1 3' high and 5' high deck combination NOTE: _ _ each 4' x 4' COLOR: brown Due to Liability Insurance in adding to another _ manufacturers existing 2 8' long PVC slat equipment it is impossible suspension bridge for us to bid on this. COLOR: brown Thank you for the opportunity. ..3 ROCKITE "L" shaped Detmers & Assoc. , Inc. tube slide with panel for 5' deck COLOR: yellow 4 PVC coated cargo net climber for 3 ' deck COLOR: dark blue 5 8' long horizontal ladder with end climber and 4" x 4" end posts - COLOR: dark blue b curved climbers for 5' deck - COLOR: dark blue 7 vertical chain ladder climber with frame for 5" deck COLOR: dark blue f(.G. DETMERS & ASSOCIATES, I.u: subtotal No BID P.O. BOX 2244 3104 E. GARVEY SUITE L Sales Tax No BID } 'NEST COVINA; CA. 91793 TOTAL = NO BID rte. - . J l+t t t BID 90-4(cont 'd) Bid Form Page 2 To the CITY PURCHASING AGENT: In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 30 days from the date of the opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the _ point as specified and, unless otherwise specified within fifteen days after receipt of order . "DETMEB&ASSOCIATES, 114L Discount of %. will be allowed for payme". 2230 days from date of delivery. Bidder 3104 E. GARVEY, SUITE L I IMPORTANT INSTRUCTIONS TO BIDDER I VIN L Bids must be sealed and 1 Byi addressed to : i /r�z-e_d ignatur ,.: 1 CITY OF ATASCADERO I Tit1 �� I City Clerk - I 6500 Palma Avenue i Atascadero , CA 93422 I 1 I Mark Envelope: "Bid No . 90-4 I (ONE COPY OF THIS BID TO BE RETAINED BY BIDDER) ACCEPTED as to items numbered CITY OF ATASCADERO Date Order(s) No. By Purchasing. Agent + 7 GI j77 t - "4 Nw ON _ O e+� ;l co ani d O d' U W 41 x O o Ln w cob w O UPr O OO z u aW O cd •o ci -H 'rl v1 41 -H O fA A C2, s C; Vi p. Hanson Associates TAR 19 RECT Bid 90-4 NOTICE TO BIDDERS City of Atascadero The City of Atascadero will be accepting sealed bids in the office of the City Clerk until 10:00 a.m. , Thursday, April 5th , 1990 for the procurement of Modular Play Structure additions to existing LOKVILLE system, at which time they will be publicly opened by the City Clerk. Any manufacturers' names, trade names, or brand names used in the specifications are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive and bids are invited on these and comparable brands or products of any manufacturer. The City of Atascadero reserves the right to reject any and all bids and to waive all minor irregularities. Bids must be submitted on the forms supplied by the City and include all applicable charges. Bid packages may be picked up in the City of Atascadero Recreation Department, Room 107, located at 6500 Palma Avenue, Atascadero, California. No facimile bids will be accepted. Lee Dayka, City Clerk �T w'�� /V O pa/40Tkz ° W.Y. E 'A Wl V ZT T om- .; Q Ua U F c c.�c.7- ►M,I J2�t cr'/.e . us crn. Ywe o 12; -1A Sd J .; Ird p� Q ` u j w � M L • C 0 - Q' N CF) N 927 SB o .c ) -C - a co c.) (1) a ' yb , cV U > > (.) ez,�ds co C 4-) co 0 cr 4- E F4 o a) - 4- co _0 o (L) a. co U U >,•rl O U) _ w 4- O Co •,-I 4- tfN .N U O \.O Q 4 r✓ W o v ' ' �• W Us " M W c� . • Oi W _ ca � � o1 L o � cea oV O -:To a, do O o O ow co m � CITY OF ATASCADERO office of PURCHASING AGENT 6500 Palma Avenue Atascadero , CA 93422 INVITATION, BID AND ACCEPTANCE Bid No . 90-4 Sealed bids, subject to the condition hereon, will be received at the office of the City Clerk until 10:00 o 'clock , A.M. , Thursday, April 5th, 1990 and then publicly opened , for the purchase of modular playground equipment to be attached to the existing structure located at Atascadero Lake Park, 9305 Marchant, Atascadero, California. INTENT OF SPECIFICATIONS These specifications are intended to describe Modular playground equipment to be added to existing equipment. Any manufacturers' names, trade names, brand names used in the specifications are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive and bids are invited on these and comparable brands or products of any manufacturer. _ TERMS: Items must be new and unused plus compatible to existing modular playground equipment . CONDITIONS• Price shall include all taxes and shipping and installation fees. _ The City of Atascadero reserves the right to reject any and all bids and to waive all minor irregularities. Bids must be submitted on the forms supplied by the City and include all applicable charges. The bidders shall supply complete manufacturers specifications and measurements as part of the bid . Equipment shall be new, _clean and ready for use and shall be delivered and installed at City of Atascadero Lake Park , 9305 Marchant , Atascadero, California. HID 90-4(cont ' d ) CONDITIONS: (continued ) The bidders representative shall , when equipment is delivered , install the modular playground equipment to the existing modular play structure, supplying labor , parts , materials and tools required. Any and all cost incurred for transportation or any other expense for installation will be that of the bidder. No facimile bids will be accepted . WARRANTY: Terms of Warranty to be submitted . Bid 90-4 CITY OF ATASCADERO MODULAR PLAYGROUND STRUCTURE Bid No .90-4 STANDARD SPECIFICATIONS POSTS 4" X 4" SQUARE GALVANIZED TUBING FINISH VINYL POWDER COATING ELECTROSTATICALLY APPLIED AND BONDED TO METAL UNDER EXTREME HEAT DECKS 4" X 4" SQUARE pvc COATED EXPANDED METAL ONE PIECE SUSPENSION BRIDGE CONSTRUCTED OF PVC COATED EXP METAL SLATS AND SHALL HAVE VERTICAL SAFETY CHAINS AND HORIZONTAL HAND RAILS AND SHALL ATTACH VIA CLAMP SYSTEM TO EXISTING STRUCTURE ROCKITE "L" TUBE SLIDE CONSTRUCTED OF ROCKITE (ENGINEERED PLASTIC) AND SHALL ATTACH TO WALL CLOSURE PANEL OF DOUBLE WALL THICK ROCKITE CARGO NET CHAIN TO BE COATED WITH PVC HORIZONTAL LADDER 8' LONG AND HAVE END POSTS OF 4" X 4" GALVANIZED TUBE (TO MATCH DECK POSTS) AND SHALL HAVE HANDHOLDS FOR END CLIMBER (THIS ITEM IS ON EXISTING STRUCTURE AND WILL BE MOVED AND REPLACED BY ABOVE SUSPENSION BRIDGE) CURVED CLIMBER SHALL ATTACH TO 3 ' HIGH DECK VERTICAL CHAIN LADDER CLIMBER SHALL ATTACH TO 5 ' HIGH DECK BY FRAME AND CLAMPS WITH VERTICAL CHAIN LADDER ANCHORED .IN GROUND (FOOTINGS) Bid 90-4 HID FORM The undersigned bids as follows: Item I Qtv. i Unit I Description I Total 1 3' high and 5' high deck combination each 4 ' x 4' COLOR: brown 2 8' long PVC slat suspension bridge COLOR: brown 3 ROCKITE "L" shaped tube slide with panel for 5' deck COLOR: yellow _ 4 PVC coated cargo net climber for 3' deck COLOR: dark blue 5 8' long horizontal ladder with end climber and 4" x 4" end posts COLOR: dark blue b curved climbers for 5' deck COLOR: dark blue 7 vertical chain ladder climber with frame for 5" deck COLOR: dark blue Subtotal Sales Tax TOTAL City of Atascadero Purchasing Agent 6500 Palma Avenue Atascadero , CA 93422 NOTICE OF HID AWARD Issue Date Hid No . Resolution No . You are hereby notified that the commodities and/or services listed have been awarded to you subject to the terms and conditions of the -bid number shown and to the General Conditions of this Notice of Hid Award: V E N D O R ITEM QUANTITY UNIT DESCRIPTION PRICE Purchasing Department Hv• Vendor ' s Recresentative Phone REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-7 Through: Ray Windsor, City Manager Meeting Date: 5/8/90 From: Gregory Luke, Director of Public Works SUBJECT: Program Supplement No. 010 to Local Agency/State Agreement No. 05-5423, West Mall & State Route-41 Channelization, Signals & Lighting RECOMMENDATION: Authorize the Mayor to execute Program Supplement No. 010 to Local Agency State Agreement No. 05-5423 (Resolution No. 50-90) BACKGROUND: This project has been ongoing in the development phase for a number of years. Delays have resulted from negotiations concerning right-of-way along El Camino Real, the removal of underground fuel tanks, an agreement with Caltrans for the installation and maintenance of a signal pre-empt, design changes • and the acquisition of rights-of-entry. In conjunction with the agreement with Caltrans (September 13, 1988 as amended November 27, 1989) , there is also an agreement with Mr. & Mrs. Ben Hoff and Hoff Incorporated concerning shared responsibilities for the completion of frontage improvements (March 8, 1988) . There is also a credit to the Hoff's for curb and gutter work (Sensibaugh letter, August 29, 1989) . The conditions of the November 27, 1989 amended agreement with Caltrans generally divide the project costs as follows. 1. State share of project costs 45%, not to exceed $100,000 City share of project costs 55%, not to exceed $157,381 A copy of the agreement is attached to this report. A copy of the agreement with Mr. & Mrs. Hoff and Hoff Incorporated is also attached. - Recently the City staff has applied for reimbursement for the City share of the funds from the City's allocation of FAU funds. This was considered appropriate because it allows the City to take advantage of the Caltrans administration of this project in the spending of FAU funds, which come with burdensome Federal • administration requirements. • DISCUSSION: The request before you is to authorize the Mayor to execute Program Supplement No. 010. This action certifies the City' s intent to expend its Federal aid funds on this project up to $154,000. FISCAL IMPACT: The bids for this project were opened on April 18. The lowest bid was submitted by A.J. Diani Construction Company for $160,111. This bid was below the Engineer' s estimate for construction. The City' s share of the total project cost is estimated to be approximately $140,000, which includes construction, design and construction administration costs and a 10% contingency. Enclosures: 1. Proposed Council Resolution No. 5L_W 2. Program Supplement No. 010 3. April 18, 1990 bid results 4. Amendment to Agreement to the Cooperative Agreement (November 27, 1989) 5. June 8, 1989 Cooperative Agreement for the installation of signal pre-empt • 6. Right-of-way Agreement (Hoff, March 8, 1988) 7. Credit for Work on State Highway 41 Traffic Signal Project (Sensibaugh, August 29, 1989), RESOLUTION NO. 50 -90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING EXECUTION OF SUPPLEMENT NO. 010 TO LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 05-5423 WHEREAS, the City desires to request FAU reimbursement for the City' s share of the design, construction and administration costs for the West Mall - El Camino Real signalization project; and WHEREAS, execution of the Supplement No. 010 is required prior to requesting reimbursement. NOW, THEREFORE, BE IT RESOLVED THAT: Supplement No. 010 shall be executed. 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 GREG LUKE City Attorney Director of Public Works STATE OF CALIFORNUI—BUSINESS,TRANSPORTATION AND HOUSING AGENCY GEORGE DELIMUUW,Ga"r" DEPARTMENT OF TRANSPORTATION P.O.BOX 8114 SAN LUIS OBISPO,CA 83403.8114 `► TELEPHONE:(805)549-3111 TDD(805)548.3259 April 9, 1990 5-SLO-0-Atas. MG-6041(7) CRP-LO89 (243) Intersection West Mall & SR-41 Channelization, Signals & Lighting Mr. Gary L. Sims Senior Civil Engineer City of Atascadero 6500 Palma Street Atascadero, CA 93923 Dear Mr. Sims: Attached for execution by the authorized City officials are two original copies of Program Supplement No. 010 to Local Agency/State Agreement No. 05-5423 for the above referenced project. After execution, please return both of these copies attaching to each a copy of the authorizing resolution for execution by the State. A fully executed copy will be returned for your files. Sincerely, o W. Ri ter Asst. Dist. Local Streets and Roads Engr. Attachment Date: March 30, 1990 PROGRAM SUPPLEMENT NO. 010 Location: 05-SLO-0-ATAS to I Project Number: MG-6041 (007) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 05-254701 FOR FEDERAL-AID PROJECTS NO. 05-5423 CRP-L089 (243) This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/09/82 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached) . The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ON RTE 41 IN THE CITY ATASCADERO AT THE WEST MALL INTERSECTION. TYPE OF WORK: CHANNELIZATION, SIGNALS, & LIGHTING LENGTH: 0. 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right-of-Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds LocalOTHER OTHER $ 154, 000 W33 $ 154,000 $ 0 $ 0 $ 0 $ 0 CITY OF ATASCADERO STATE OF CALIFORNIA Department of Transportation By By DISTRICT LOCAL STREET AND ROADS ENGINEER Date Date Attest Title I hereby Certify upon my personal knowledge thatt budgeted funds are available for this encumbrance: Accounting Officer ao,ti /�� Date S-30-`Ta $ 154000. 00 Chapter Statutes ( Item Year I Program 18C1 Fund Source AMOUNT 93 1989 2660-101-890 89-90 20.30.010.200 C 229020 892-F .154000.00 05-SLO-0-ATAS DATE:April 2, 1990 MG-6041(007) PAGE: 2 SPECIAL COVENANTS OR REMARKS 0 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. 2. The State will advertise, award, and administer this contract. 3 . The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. The Local Agency share of funds for this project will be the amount shown in the Local Agency/State Cooperative Agreement, and any modification thereof. If the Local Agency determines to use Federal funds, the amount, as shown on face sheet of this Program Supplement will be deducted from the Local Agency's required deposit. 0 5. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the 'Nondiscrimination Assurances' contained in the aforementioned Master Agreement for Federal-Aid Program. 6. Whenever the local agency uses Federal or State Funds to pay a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub-contractor incur- ring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 48, part 31, Contract Cost Principles. Date: March 30, 1990 PROGRAM SUPPLEMENT NO. 010 Location: 05-SLO-0-ATAS to Project Number: MG-6041 (007) LOCAL AGENCY-STATE AGREEMENT I E.A. Number: 05-254701 FOR FEDERAL-AID PROJECTS NO. 05-5423 CRP-L089 (243) This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/09/82 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached) . The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ON RTE 41 IN THE CITY ATASCADERO AT THE WEST MALL INTERSECTION. TYPE OF WORK: CHANNELIZATION, SIGNALS, & LIGHTING LENGTH: 0. 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right-of-Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds LocalOTHER OTHER $ 154, 000 W33 $ 154, 000 $ 0 $ 0 $ 0 $ 0 CITY OF ATASCADERO STATE OF CALIFORNIA Department of Transportation By By DISTRICT LOCAL STREET AND ROADS ENGINEER Date Date Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer eta-, Date ,3-. t3 9(j $ 154000. 00 Chapter Statutes Item Year ( Program ISCI Fund Source I AMOUNT 93 1989 2660-101-890 89-90 20.30.010.200 C 229020 892-F 154000.00 05-SLO-0-ATAS DATE:April 2, 1990 MG-6041(007) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. 2. The State will advertise, award, and administer this contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4 . The Local Agency share of funds for this project will be the amount shown in the Local Agency/State Cooperative Agreement, and any modification thereof. If the Local Agency determines to use Federal funds, the amount, as shown on face sheet of this Program Supplement will be deducted from the Local Agency's required deposit. 0 5. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the 'Nondiscrimination Assurances' contained in the aforementioned Master Agreement for Federal-Aid Program. 6. Whenever the local agency uses Federal or State Funds to pay a consultant on a cost plus basis, the local agency is required to submit a post audit report covering the allowability of -cost payments for each individual consultant or sub-contractor - incur- ring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 48, part 31, Contract Cost Principles. L/ioI 7 i fiuj ULV I-MA I`lu. 34JJ'-kOU r. Ub '! 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F %,Q 7M W •C 0 {ti m s" ttl w w �zz Q W►r i Q M m I STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION P.O. BOX 8114 SAN LUIS OBISPO, CA 93403-8114 a TDD (805) 549-3259 rR FCEIVED JANDecember 28, 1989 CITY MGR. 05-SLO-41-16.22 State Highway Route 41 (E1 Camino Real) at West Mall Dist. Agreement Na. 05A695-A/1 05-253-254701 Mr. Ray Windsor City Manager City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Mr. Windsor: Enclosed is a fully executed copy of the Amendment to Agreement to the Cooperative Agreement which was executed on September 13, 1988, between the State and the City of Atascadero for the installation of traffic signals and safety lighting (and performing roadwork) at the intersection of E1 Camino Real and West Mall with State Highway Route 41. Sincerely, U07) Cic Darleen J. anico Asst. Transportation Engr. Cooperative Agreement Section Attachment 05-SLO-41-16. 22 05-202-254701 COPY State Highway Route 41 (E1 Camino Real) at West Mall District Agreement #05.A695-A/1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE, " and CITY OF ATASCADERO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) The parties hereto entered into an AGREEMENT (Document No. 6602) on September 13, 1988, said AGREEMENT" defining the terms and conditions of a cooperative project to install traffic control signals and safety lighting at the intersection of E1 Camino Real and West Mall with State Highway Route 41, referred to herein as PROJECT. (2) It has been determined that STATE's share of the CAI total PROJECT costs is 45% and not 49% as stated in Section I, Article (3) of the original AGREEMENT. (3) It has also been determined that CIT1k's snare of the total PROJECT costs is 55% and not 51% as stated in Section II, Articles (2) , (3) , and (4) of the original AGREEMENT. v (4) It has also been determined that STATE's share of PROJECT construction costs should not exceed $100, 000, and not $85,800 as stated in Section I, Article (3) of the original AGREEMENT. (5) It has also been determined that CITY's amount of deposit shall be $157, 381 and not $112,487 as stated in Section II, Article (1) of the original AGREEMENT. (6) It has also been determined that CITY's total obligation for said anticipated project costs shall not exceed the amount of $173 ,000, and not $115,000 as stated in Section II, Article (1) of the original AGREEMENT. PAGE 1 OF 5 (7) It has also been determined that CITY's share of the construction cost is estimated to be $122 , 000, and not $87, 200 as stated in Section II, Article (2) of the original AGREEMENT. (8) It has also been determined that if termination of the original AGREEMENT is by mutual consent, STATE will bear 45% of all costs incurred prior to termination and not 49% as stated in Section III, Article (8) of the original AGREEMENT. (9) It has also been determined that if termination of the original AGREEMENT is by mutual consent, CITY will bear 55% of all costs incurred prior to termination and not 51% as stated in Section III, Article (8) of the original AGREEMENT. (10) It has also been determined that the STATE and CITY will share in the cost of utility protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 45% STATE and 55% CITY, and not 49% STATE and 51% CITY as stated in Section III, Article (9) of the original AGREEMENT. (11) It has also been determined that PROJECT may not be constructed prior to the termination date of said AGREEMENT. (12) It has also been determined that Exhibit A, Estimate of Cost, of the original AGREEMENT must be revised and replaced with the increased PROJECT construction cost revisions. IT IS THEREFORE MUTUALLY AGREED: . (1) Section I, Article (3) of the original AGREEMENT is amended to read ". . .To pay an amount equal to 45% of the PROJECT construction costs, as shown on Exhibit A but in no event shall STATE's total obligation for PROJECT construction costs, CQ under this Agreement, excluding costs referred to Section III, Article (9) , exceed the amount of $100,000; provided that STATE �^ may, at its sole discretion, in writing, authorize a greater *mow amount. " (2) Section II, Article (1) of the original AGREEMENT is amended to read ". . .the amount of $157,381, which figure represents CITY's estimated. share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. " (3) Section II, Article (1) of the original AGREEMENT is amended to read ". . .under this Agreement shall not exceed the amount of $173, 000; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. " PAGE 2 OF 5 (4) Section II, Article (2) of the original AGREEMENT is amended to read " . . .CITY's share of the construction cost (estimated to be $122, 000) , shall be an amount equal to 55% of total actual construction cost, including the cost of claims, the cost of STATE defense of any claims and the cost of STATE- furnished material, if any, as determined after completion of work and upon final accounting of costs. " (5) Section II, Article (3) of the original AGREEMENT is amended to read " . . .CITY's share of the expense of preliminary engineering shall be an amount equal to 55% of the STATE's costs for preliminary engineering for the entire PROJECT. " (6) Section II, Article (4) of the original AGREEMENT is amended to read ". . .CITY's share of the expense of construction engineering shall be an amount equal to 55% of the actual costs of construction engineering for the entire PROJECT. " (7) Section III, Article (8) of the original AGREEMENT is amended to read ". . .If termination of this Agreement is by mutual consent, STATE will bear 45% and CITY will bear 55% of all costs incurred prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's/CITY's responsibility for utility relocation costs. " (8) Section III, Article (9) of the original AGREEMENT is amended to read ". . .STATE and CITY will share in the cost of . said protection, relocation, or removal,- plus cost of engineering overhead and inspection, in the amount of 45% STATE and 55% CITY. " (9) Section III, Article (16) of the original AGREEMENT is amended to read " . . .That this Agreement shall terminate upon completion and acceptance of the PROJECT construction contract by STATE or on January 1, 1993, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. " (10) Exhibit A, Estimate of Cost, of the original AGREEMENT is amended to read as the Exhibit A attached hereto and made a part of this Amendment to Agreement. (11) The other terms and conditions of said AGREEMENT (Document No. 6602) shall remain in full force and effect. PAGE 3 OF 5 (12) This AGREEMENT TO AGREEMENT is hereby deemed to be a part of Document No. 6602. STATE OF CALIFORNIA CITY OF ATASCADERO Department of Transportation ROBERT K. BEST Director of Transportation By By �.' y°r District Director Date: G1�, ?, %pf Date: Attest: Approved as to Form and Procedure City lerk C V p Date: Attor De artmen f Trans rtation Date: lL�I3�p'f Approved as to Content • • Certified as to Funds and Procedure V • 'PuJqei'bJ Works Director Date: it 2-7 � District Accounting Officer Date: ����' Approved as to Form By •.r► �.J�. City At orn y Date: PAGE 4 OF 5 05-SLO-41-16.22 05-202-254701 Cal District Agreement #05A695-A/1 EXHIBIT A ESTIMATE OF COST Total Est. City's State's Description Cost Share Share Construction Cost Signals $ 66, 000 $ 21,780 $ 44,220 Roadwork $156, 000 $100,220 $ 55,780 Subtotal $222,000 $122, 000 $100, 000 Engineering Cost - Signals Prelim. Engr. (Non-labor) $ 1,188 $ 392 $ 796 1.8% of Const. Cost Prelim. Engr. (Labor only) $ 4,950 $ 1, 634 $ 3, 316 7.5% of Constr. Cost Prelim. Engr. (Overhead) $ 2,442 $ 806 $ 1, 636 49% of 7.5% = 3.7% of Constr. Cost Const. Engr. (Non-labor) $ 2,376 $ 784 $ 1,592 3. 6% of Const. Cost Const. Engr. (Labor only) $ 5,478 $ 1,808 $ 3,670 8. 3% of Constr. Cost Const. Engr. (Overhead) $ 2,706 $ 893 $ 1,813 49% of 8.3% = 4.1% of Const. Cost Subtotal $ 19, 140 $ 6,317 $ 12,823 Engineering Cost - Roadwork Prelim. Engr. @ 13% $ 20,280 $ 13,029 $ 7,251 Overhead included Const. Engr. @ 16% $ 24, 960 $ 16,035 $ 8,925 Overhead included Subtotal $ 45,240 $ 29,064 $ 16,176 Total (Excl. Engr. Cost for $241,140 $128,317 $112,823 Roadwork) Total (Incl. Engr. 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CD O U, C CA N cn N :► 7 J J J `G MaJ N cn N O O O O O (DD r' tl ': O O O O O O W W •W W ca O 4 ►� n n p O O O O c Z O O OO N O V O v v v v O o A En 64 N N -+ N N O Os N O -4 V C N O O CVD N+ Of O tl1 O o O O O ab O O O O O d! Q Cfl cn .+ y s N (� . :A D O O to -� A V O N Oco r CD w XM A 10 A O cn O A -► O O O O O O O O CD `p 0 0 iv 44 O N t0 H H N 1IVV O i cc -4 C3 En D O A N O O O O O C O O O C O O SD (o (D 05-SLO-41-16.2 05-252-254701 City of Atascadero District Agreement #5CA8906 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON APRIL- 25, 1989 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE, " and CITY OF ATASCADERO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) STATE and CITY contemplate installing traffic signals and safety lighting (and performing roadwork) at the intersection of El Camino Real and West Mall with State Highway Route 41, referred to herein as "PROJECT. " (2) CITY desires to include signal preemption equipment in PROJECT and is willing to .bear the entire expense thereof. (3) STATE and CITY desire to specify the terms and conditions under which such signal preemption equipment is to be installed, financed and maintained. SECTION I STATE AGREES.- (1) GREES:(1) To provide all- necessary preliminary engineering, including plans and specifications, and include the signal Preemption equipment in PROJECT which STATE will construct and provide all necessary construction engineering services. (2) To maintain and operate the signal preemption equipment as installed, at no cost to STATE. Said maintenance shall include preemption operational timing. (3) To submit to CITY quarterly, a statement of accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 1 SECTION T1 CITY AGREES.- (1) GREES:(1) To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT) , the amount of $5,000, which figure represents CITY's estimated costs to have the signal preemption equipment constructed by STATE. Said costs include preliminary and construction engineering, both of which will be 22% of the actual final construction cost. (2) To pay STATE upon completion of all work and within 30 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete the CITY's financial obligation pursuant to this Agreement. (3) To reimburse STATE upon receipt of a statement, for the cost of maintenance of said signal preemption equipment, such cost is estimated to be $300.00 yearly. (4) To reimburse STATE upon receipt of Statement, for the cost of operation in accordance with the Agreement for maintenance of State Highways in the City. (5) To provide STATE with the following spare parts at the Caltrans San Luis Obispo Maintenance Station: discriminator module, optical detector and discriminator assembly. Such parts will be replaced by CITY, upon STATE notifying CITY of their need. (6) To monitor the use of equipment so that transmitter units shall be used only on those emergency vehicles shown on Exhibit A, attached hereto and made a part of this Agreement, and only during Code 3 (Red Light and Siren) emergency response runs. SECTION III IT TS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) A unilateral termination of this Agreement may be made by either party; however, CITY will bear 100% of all costs incurred by STATE in either case. 2 (3) The cost of any STATE engineering or maintenance referred to herein shall include all direct and indirect costs ( functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting- procedures: - (4) Neither STATE nor ary , officer- or employee thereof shall. be -responsible- for any damage or: liability occurring:by reason of.anything done. or-.omitted to be done by- CITY under or in connection-,with- any work, authority- or- jurisdiction delegated to CITY- uEnder_-.this_ Agreement. It is also-: agreed t that; pursuant to- Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810-.8) .occurring by-reason of anything done-- or omit-ted.- to be done- by CITY under or_in- connection with any work, - authority or jurisdiction delegated to CITY under this-- Agreement. (5) Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done- by. STATE under Or- in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with- any work, authority or jurisdiction not delegated to CITY under this Agreement. (6) That Exhibit A is to be amended as the existing vehicles are retired or replaced. 3 (7) That this -Agreement shall terminate upon completion and acceptance of the PROJECT by STATE and CITY or on June 30, 1991, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. STATE OF CALIFORNIA CITY OF ATASCADERO Department of Transportation ROBERT K. BEST Director of Transportation Mayor By District Director Date: 4/28/89 Date: Attest: Approved as to Form and Procedure City Clerk` Attorney, Department of Date: �"'� ���/ Transportation Date: Approved as to Content Certified as to Funds and Procedure Public Works DirectZr Date: 4/28/89 District Accounting Officer Date: Approved as to Form Byy,. A o y/ Date. 5/1/$9 4 05-SLO-41-16.2 05-252-254701 City of Atascadero District Agreement No_ 5CA8906 EXHIBIT A TYPE 07 ENGINE DESIGNATOR YEAR LICENSE NO_ MODEL Wildland B-9 1972 E593525 - Fleetstar Rescue R-1 1982 E786033 Chevy 1 Ton Structure E-1 1984 E491855 Pierce Arrow ' Structure E-2 1987 E098605 Pierce Dash 5 LV i RIGHT-OF-WAY AGREEMENT (Release of All Claims) THIS AGREEMENT, made and entered into this Sie day of -7� x , 1988, by and between the CITY OF ATASCADERO, a municipal corporation of the State of California (hereinafter referred to as "City") , and MR. & MRS. BEN HOFF, husband and wife, and BEN HOFF, INC. , a California corporation (hereinafter collectively referred to as "Hoff") , Witnesseth WHEREAS, City desires to enter into a contract with the State of California, acting by and through its Department of Transportation (hereinafter referred to as the "State") , to install a traffic control signal and safety lighting and to perform related roadwork at the intersection of E1 Camino Real with State Highway Route 41 , West Mall (hereinafter referred to as the "Project") and WHEREAS, Mr. & Mrs . - Ben Hoff, husband and wife, are the owners of that certain real property located in the City of Atascadero adjacent to the Project as described in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth; and WHEREAS, Ben Hoff, Inc . , a California corporation, is the owner of that certain real property located in the City of Atascadero adjacent to the Project as described in Exhibit "B" attached hereto and incorporated herein by reference as though fully set forth; and WHEREAS, the Project will require the installation of frontage improvements along the right-of-way adjacent to the above-described property owned by Hoff, including, but not limited to, curb and gutter, sidewalk, and related improvements , and said frontage improvements will restrict or, eliminate existing access along E1 Camino Real to the property owned by Hoff; and WHEREAS, a schematic diagram of the Project and the proposed improvements is attached hereto as Exhibit "C" and incorporated herein by reference as though fully set forth; and WHEREAS, City and Hoff desire to enter into this Agreement to facilitate construction of the Project , and to set forth the understanding, rights , duties , and obligations of the respective parties; 2 NOW, THEREFORE, for and in consideration of mutual covenants and promises of the parties hereto and upon the express terms and conditions hereinafter set forth , it is agreed by and between them, and each with the other, as follows : 1 . The parties have herein set forth the whole of their agreement . The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City and State of all further obligation or claims on this account , or on account of the location, grade or construction of the proposed Project and public improvements . 2 . City agrees : a. To enter into an agreement with the State to provide a traffic signal at the intersection of State Highway 41 (West Mall) and E1 Camino Real (also Highway 41) , including design engineering. b. To pay City' s share of the cost of the signal, including the design to handle a potential fourth leg to accommodate a potential future driveway within the intersection to serve the above property owned by Hoff. 3 C . To permit , subject to City approval of an overall master plan for . development (which may be a precise plan, conditional use permit , parcel map, or tract map) , a fourth leg intersection driveway and a second driveway to serve the overall property . Such application shall be accompanied by a traffic study analyzing whether a fourth leg is justified, which traffic study shall be undertaken by an independent registered civil engineer specializing in traffic engineering who is jointly selected by City and the applicant at the expense of the applicant . Hoff understands that any drive approach within the State Highway will be possible only as an encroachment under a permit issued and approved by the State, District 5 , San Luis Obispo, California. City, however, will obtain conceptual approval of such drive in the redesign of the signalization plan for the future fourth leg of the intersection . Hoff further understands that any future development of the property affected by this Agreement shall require City approval under the planning, zoning, building, and other laws and regulations in effect at the time a specific application is made. City agrees to process any future development proposal which may be submitted to City pursuant to said laws under the standard and customary procedures at the time of application, but does not make any representations as to the acceptability of any specific development proposal as part of this Agreement . 4 d. To provide for, in conjunction with the State, the roadway construction along the above frontage, which will include curb and gutter, sidewalk, narrowing of the street , removal of the existing walk and curb and gutter, construction of a new radius return with Atascadero Mall , drainage improvements , and other items pertinent to the above construction, all new improvements being within the public right-of-way and the walk removal being on the said private property, all as shown in Exhibit "C" . e. To not condition the above property to widen E1 Camino Real in the future. f . To release any claim the City may have to any prescriptive rights or adverse possession along the El Camino Real right-of-way after completion of thenew sidewalk, thus allowing the private use of the existing public sidewalk now occupying private property . g. To pay fifty percent (50%) of the City costs of the improvements listed in item 2 .d above, including engineering costs , in conjunction with State grants . 5 h. To provide two (2) driveway . approaches on Atascadero Mall at the locations shown on the State plans at no cost to Hoff . 3 . Hoff agrees ; a. To the closing of the two existing driveways within the above intersection, located along E1 Camino Real along the 88 .18 ft . frontage of the Ben Hoff, Inc . property as shown on Exhibit A in conjunction with the above signal and street improvement project , and hereby releases any and all claims Hoff may now or in the future assert against the City and/or State as a result of the Project . . b. To allow the right of entry onto the above- described property, to permit the construction of item 2 .d and 2 .h above. C . To pay fifty percent (50%) of the cost of the curbs, gutters , sidewalk, removals , pavements , drainage, and related work that would otherwise be one hundred percent (100%) City costs regarding the Caltrans project for work necessary to narrow the pavement section along E1 Camino Real generally from the northerly right-of-way line of West Mall (Highway 41) to the southerly property line of Jack-In-The-Box, up to a maximum of $16,500. , 6 d. To pay one hundred percent (100%) of the costs of any future traffic study that may be required for the development of the above property, and to pay one hundred percent (100%) of the costs of a potential future fourth leg of the traffic signal in item 2 .a above that may be provided due to a future driveway encroachment as provided, in item 2 .c above as a replacement for the driveway eliminated in item 3.a above, including poles , signal heads, loop detectors , walk signals , etc . e. To pay for any future driveway encroachments or closings not included in the above Project . 4 . Hoff shall defend, indemnify, and save harmless City, its officers , agents , and employees , from any and all claims , demands , damages , costs , expenses , and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Hoff or Hoff' s agents , employees , or independent contractors directly responsible to Hoff, except that the above shall not apply to the sole negligence or willful misconduct of City or City' s agents , servants , or independent contractors who are directly responsible to City . The indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties . 5 City shall defend, indemnify , and save harmless Hoff, its officers , agents , and employees , from any and all claims , demands, damages , costs , expenses , and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of City or City' s agents , employees , or independent contractors directly responsible to City, except that the above shall not apply to the sole negligence or willful misconduct of Hoff or Hoff' s agents, servants , or independent contractors who are directly responsible to Hoff. This indemnification provision shall apply even if there is concurrent or joint • negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties . 6 . ° All work done under this Agreement , whether by City, State, or Hoff, shall conform to all applicable building, fire, and sanitary laws , ordinances , and regulations relating to such work, and shall be done in a good and workmanshiplike manner. 7. In the event the Project contemplated by this Agreement is not initiated by the State for any reason whatsoever , this Agreement shall terminate as though this Agreement had not been executed. 8 8. This Agreement may be modified only by a written amendment signed by all parties hereto . 9 . This Agreement shall be governed by the laws of the State of California . 10 . Communications between the parties to this Agreement may be sent to the following addresses City: City of Atascadero 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Attn : Public Works Director Telephone (805) 466-8000 Hoff : Mr . & Mrs . Ben Hoff 285 Bradley Morro Bay , CA 93442 Telephone (805) 772-8441 Ben Hoff, III 7961 Nightingale Way San Diego, CA 92123 Telephone (619) 277-8059 9 ACCEPTED AND AGREED this dl day of 1988. CITY: HOFF: CITY OF ATASCADERO it nii;rnicipal corporation l Ben HESEf By�'� c�' > Mayor Robbie Hoff ' ATTEST':' BEN HOFF, INC. By Ci 'dent APPROVED AS TO CONTENT: By7�C `- Secretary ��V Public Works Dir for APPROVED AS TO FORM: jity Attorney 10 J I ' c;_;. 0_ .6e.oz s I i Z I 0 o cl Q V Hon m W N I o n ` ' k z m Z�Z a O 3NI-I 10-1 m 3 u W r, s � a W Zt,'691 M .6b.o£ S ; m < / mL-- ------- � .cz m N N z O 0 �J m�------z--- --M7w ISIX3 H 2 W a O m of e m .. � I a mom='' b tin�NR _ c co 8�m R °i ^g oof N• Off = h NOl N� • 28.081 'M .l£.8Z S rc a - — Wyy O 3! Of • ►.8 Y 1lVn Oa30VOSVIV < r. O` a co ro r°Q in z O Al .L£:>#Z S lid °OaD9 M .L£.8Z S Z1 i t h ct 0 � Q QaJ ; a -nvn oa30VOSd1V _ � z - w W Iltd f U ¢ W u 0 z i I 0 N .b0.I f 5 ltd iq 0 H J H a a W 3 i j 3AV ♦Ora1N3 Al .L£.8Z S ITi ion cCD I .00 I �• 1 170 Pg . ----- — .019 w q .tr0.I£ s G r---- OZ .+e .09 oc " roz / In I m o I - � Y J in 1 cr— Q � •. CL �— Al .6b.Of S 7 r Z _ ` 1 O o I ( C N m in 3NII 101— G2 Iti W ¢ W CL Q g i,-j. I zb'691'A1.6b.0£ S 3m ca / e rnL— —----- —�/ .oz m S / = m = 1 c m 0 mr-------L--- �---=-----�---4u..r� i.bzi =Mfa lsix3 M .00.1£ S lfd n 1 Q •O - W r] H 2 W ' F n � C ' O I � N o a an a M 0 o i o. � u v �♦. .'} < b.a, —Q--' — 3�y tlOtllllN3 O �y � o 73 22 'e s yNj : O m H W I m E 06_ 0j P oI ER mV W uo3 " 0 J W 5 I f lid — — s �2 En > PH o_ 60.1 I s_±lu FF a i ou' 1W 1 I�3J ai G - Y _ VPL Z- "E'c • << � tiz. � ` I3 I o uo n' I m 'Jol a. \ \ O 1— ;I z N m W^ ^ e m �'A I�r= Ou, mc• I m� - N -ovel CNlOy?xyltl IUm 1m T• J I �U e 1 III —10 J I i�7n cd3atl�stlitl �F I, �� _ n aN e V„3 W ¢ten I ¢ O FILE COPY • August 29, 1989 Mr. and Mrs . Ben Hoff 285 Bradley Ave . Morro Bay, Ca. 93442 Re : Credit for Work on State Highway 41 Traffic Signal Project Dear Mr. & Mrs . Hoff : Thank you for giving your time to visit my office on Monday to sign the right—of—entry—and—construct for the items that Caltrans will construct on your property in connection with the above project . Your cooperation is appreciated and will help speed up the bidding process . With respect to the work that was done in repairing the sidewalk along Ed ' s Garage which was to be done with the above project, Caltrans ' refusal to continue without knowing the status of the hazardous waste citation caused the premature work. While we understand their concerns we stand by the committment to credit you for the $1, 250 that you expended last November. This correspondence will be attached to the file copy of the right—of—way agreement between you and the City and the above sum will be subtracted from your $16,500 share of the above project . Thank you again for your cooperation in this matter. Very Truly Yours, Paul M. Sensibaugh, Director of Public Works/ City Engineer C.K. C., INC. Nov. 22, 1988 Mr. Ben Hoff P.O. Box 928 Atascadero, CA 93423 RE: Costs for destruction of the sidewalk and disposal of the debris at 6490 E1 Camino Real, Atascadero; CA Dear Mr. Hoff: I am writing you to give you the information that you requested in regards to the destruction of the sidewalk and disposal of the debris at your property on 6490 E1 Camino Real, Atascadero, CA. It is our estimate that this portion of the underground tank removal accounted for one full day of supervision, labor and equipment time which we charged you $1 ,250.00. I hope this information is sufficient in helping you break out the costs incurred by you during this project. If we can be of any further assistance please call me. :Sincerely, Sean L. McCormick Project Coordinator (408) 627-2595 SLM/_tm P.O. Box 2327 Paso Robles, CA 93447 (408) 627-2595 (805) 238-0412 REPORT TO CITY COUNCIL Meetincr Date : 5/8/90 CITY OF ATASCADERO Agenda Item: A-8 ----- -------- Through : Ray Windsor . City Manager From: Greg Luke(2Director of Public Works SUBJECT : Status report of Creekway Mapping Committee . RECOMMENDATION: Review and direct staff . DISCUSSION: On March 13 , 1990 the City Council formed the Creekway Planning and Mapping Committee , consisting of three School District Representatives and three City staff members . The initial work task assigned to the committee was to map all of the creeks • within Atascadero . In addition , several projects located along Atascadero Creek were also identified as requiring technical assistance from the Creekway Mapping Committee . The three City staff members met on April 25 , 1990 to discuss an initial direction for the Committee . The Committee is proceeding on parallel paths : (1) to provide data which will assist the Council to formulate an overall policy on Creek Management , and (2) to address site specific problems aloncr the creeks . With respect to the first goal , providing data on a City-wide basis , considerable work has been done in the past . Most notably, the City has photographs with topographic lines plotted on the photos . Attachment A is a sample of this map . The scale is 1'' _ 1001 . The topographic contour mapping is very valuable . The quality of the photo is rather poor . The City also has lot line data at the same scale as the topographic maps (see Attachment B for sample plot map) . In addition , the City also has land use data, ownership records , flood levels and a variety of other data . We do not however have a map of the biological resources of the creek. Presumably some of the biological mapping can be done by volunteer organizations . . While the City has much of the raw data, it is difficult for the maps to be used for analysis purposes because of the inability to superimpose the data from one map on to another . For example, it would be useful to show both the creek top of the bank and lot lines on a single map to determine which properties are experiencing erosion . Another example is being able to plot the area of riparian vegetation within the creek reserve area . ANALYSIS : Attachment C shows a schematic map of Atascadero Creekway prepared by an earlier study . While this is an architectural rendering (and is not completely accurate) . it does show the type of information that can be conveyed by combining the data from various base maps . It appears this is the type of end product the Creekway Mapping Program should achieve . On a practical basis , the combining of several base maps into one composite map can be economically and efficiently produced using computer mapping techniques . FUTURE WORK: Staff will meet with the full Creekway Mapping Committee on May 17 to refine a work program, a schedule, and budget for the mapping program. Attachments : A - Aerial Topographic Map B - Plot Map C - Schematic Map rn , , 7 � , s W ,# 6536 CITY HALL �� ' t` a , a 854 r 4" � 01 Fl 74 a . , E s r _ _ s x r „ r ATTACHMENT A AERIAL PHOTO lv. )1 Q` ��ti N•9.tL9N Q. H � IZ � �• 9V �$ oL dy y V �dM S/)d!✓t�'J N.FT.i9N A ./9N 14 6Oc M 66 O V .W fr • V M.4777 f - Q!• , 14 11 . h � � r 81 o V o Y b ;Q 43i 7.7.b'h/ ul WNco V ! e Rl 114 - ❑ , ti ATTACHMENT B ~ t1r) LEGAL PLAT MAP Q , - n , t � -r �;�' ,`. r r• „�� ups. �_= - ; .ter. a►. �I r• 7::r ATTACHMENT • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-1 Through: Ray Windsor, City Manager Meeting Date: 5/8//90 Via: Henry Engen, Community Development Director From: Lisa Schicker, City Arborist SUBJECT: Reconsideration of a request to remove two heritage trees, a 36" and 38" dbh Quercus lobata, as part of an application for a precise plan 69-89 for the purposes of home construction, by owners Hank and Ann Ranallette at 14400 E1 Monte Road. This request was continued from the April 10, 1990 City Council- Meeting. ALTERNATIVES: Based on mandates found in the General Plan, the current Tree Ordinance, two rborists ' reports, discussions with the plan check engineer and the results Of two additional meetings with the project designer, I can recommend either of the following: 1 . Approve tree removal request subject to 4 : 1 replacement. 2 . Deny the request and ask for a complete redesign of the home and . and/or site plans . Please see additional comments. BACKGROUND : The Tree Ordinance specifies that live native trees 20" or greater dbh (measured at 4 ' above grade) are deemed heritage trees and cannot be removed unless approved by the City Council following a public hearing. Ouercus lobata is one of the oak species that is having regeneration problems statewide and should be protected whenever possible. If these two trees could somehow be worked into the design of this residence, they would add additional privacy as well as shade and cooling (and a reduction in expense and depletion of natural resources for artificial cooling) for this new home. These trees were inspected by arborists Art Tonneson ( for the applicant) , D.O. Denney ( for the City) and the City Arborist on separate occasions . At the April 10 meeting, Council directed the City Arborist to request and Wt-Jeceive design alternatives from applicant' s architect, Al Clark and to have e site re-posted for field identification. City Arborist Lisa Schicker and City Plan Check Engineer Calvin Fernandes met Mr. Clark at the site to discuss alternatives to both the proposed siting and design of the house. Mr. Clark went back to the drawing board and submitted a revised plan that still necessitates tree removal . A poster for field identification was given to Mr. • Clark on April 30 . ANALYSIS : The revised plan that Mr. Clark submitted is basically a revised site plan; that is to say that the house design is the same, but the location has been shifted downhill . (Your copy of this plan shows the original and revised locations of the home. ) The conditions of the soil and requirements for the septic field and expansion area limit the options for shifting the home farther downhill to avoid removal of the trees . The revised site plan also increases the amount of retaining wall needed. Mr Clark is planning to attend the Council meeting to answer questions and discuss his plans . It appears to both the plan check engineer and myself that alternatives do exist that would keep these trees on site, but not by using the proposed home and driveway design. I must repeat my original question about the term reasonableness] i.e. could this home have possibly been designed to avoid the removal of these trees? The answer is a qualified yes, but at what cost at this stage and to whom? Alternatives that include redesign of the floor plan, redesign of the driveway, turning the existing building footprint and removing the turnaround area, reducing the size of the home and complete redesign should have been discussed earlier in the design process . The General Plan (Page 157) states that "The contours of the hills shall be preserved. Residences built on hillsides shall conform to the topography, using the slope of the land as the basis for the design of the structure" . It could be said that perhaps the Ranallettes have chosen the wrong kind of site - natural resources - wise, to build the type of dream home they wish to build. It could also be said that City should not attempt to regulate single family home design (the City' s appearance Review Guidelines exempt single family residences) but should request replacement plantings to perpetuate the urban forest, which is after all, the ultimate goal of the Tree ordinance. I have spoken to the Ranallettes before preparing this report and they plan to be present to answer any questions . Over the phone, I did get the impression that they would like to keep the trees and keep their original design, but this does not appear to be an option at this time. For the record, the house design is a two story, 3800 square foot Spanish villa that is more or less on slab. This kind of design has a large building footprint, requires a great deal of excavation and does not compliment the natural vegetation and topography of this site as much as the use of a post and pier design might have, but it is the kind of home that the Ranallettes wish to own. I have also spoken to the neighbors, Donna and Steve Casler, and they are concerned about the loss of those trees and the view that will be altered if • they are removed. Apparently, they have taken extra care to build their home around their trees and would like their neighbor to do the same. They also plan to be present to discuss their views with Council . Another important issue that should be mentioned is that a drainage swale has been cut into the hillside at the edge of the Ranallette' s and the Casler' s property - it is not clear which property it is actually on, and no one is volunteering information about how it .got there. Unless this swale is revegetated, it will have the tendency to become an eroded gully that will increase in size with any additional construction in that area. If Council does approve the tree removals, I suggest that the replantings are placed in the vicinity of the swale. If the trees are approved for removal, I am still recommending 4 : 1 replacement. The health of Atascadero' s urban forest depends on reforestation and cooperation of the residents who choose to make their home here. A copy of the tree planting guidelines have already been provided to the applicants . If approved, the applicants shall also provide the City with a signed statement attesting to the planting of the replacement oaks; this information will be kept on file in the City Arborist' s office. Attachments : Application Site Plan and Location Map (Ke�nsed And Di�9�na1 S�l�e �lan� April 10, 1990 City Council Report Arborists' reports Photograph of site cc Hank and Ann Ranallette Alan Clark Donna and Steve Casler REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-2 Through: Ray Windsor, City Manager Meeting Date: 4/10//90 Via: Henry Engen, Community Development Director 'Apv From: Lisa Schicker, City Arborist SUBJECT: Consideration of a request to remove two heritage trees, a 36" and 38" dbh Quercus lobata, as part of an application for a precise plan 69-89 for the purposes of home construction, by owners Hank and Ann Ranallette at 14400 El Monte Road. RECOMMENDATION: Based on two arborist reports, the current Tree Ordinance and condition of 46hese trees, approve removal subject to 4 : 1 replacement. Please see -ditional comments. BACKGROUND: The Tree Ordinance specifies that live native trees 20" or greater dbh (measured at 4' above grade) are deemed heritage trees and cannot be removed unless approved by the City Council following a public hearing. Quercus lobata is one of the oak species that is having regeneration problems statewide and should be protected whenever possible. If these two trees could somehow be worked into the design of this residence, they would add additional privacy as well as shade and cooling. (and a reduction in expense and depletion of natural resources for artificial cooling) for this new home. These trees were inspected by arborists Art Tonneson (for the applicant) , D.O. Denney (for the City) and the City Arborist on separate occasions. Photographs of the trees are available in the Precise Plan application pending in the Planning Department. ANALYSIS: When I originally reviewed this application, I saw no reason why these trees should be removed; they are located on the 'edge of center' of a large grassy knoll . I felt that certainly a home of adequate square footage could ve been designed to accomodate even a large family and still keep the !es; in fact I wondered why anyone would want to remove these trees, %-.,nsidering their ecological and climate benefits and the increase to the value of the property. The question that comes up with this application then is that of reasonableness; i.e. could this home have possibly been designed to avoid the removal of these trees? I could not reach the Ranallettes at the time of the preparation of this report and hope that they will be present to describe their situation to the City Council, but I did get a chance to speak with their architect, Alan Clarke. From our conversation, it appears that the applicants do have concern for trees, but also wanted a very large house on a restrictive building site. The design of this 3800 square foot Spanish villa is more or less on slab; this kind of design means having a large building footprint, requires a great deal of excavation and does not compliment the natural vegetation and topography of this site as much as the use of a post and pier design or two story home might have. However, according to the architect, the Ranallettes will be retiring in this home and did not want to have to climb up and down stairs; a smaller building footprint may have permitted these trees to remain. Mr. Clarke also stated that because of septic field requirements, setbacks and other site restrictions, along with the design requests of the applicants, he found the siting of the home difficult and the removal of the trees inevitable. This of course, is an arguable point with no "black and white" answer; there are always many different solutions to every design problem. In addition, the original arborist incorrectly stated that these trees were dead and diseased (he examined them in winter) , which is not the case, as confirmed by two additional arborist opinions and photographs taken last summer. Therefore, the Ranallettes were improperly informed about the health of these trees, and may have based their plans on this information. Because of all the facts described above, I am reluctantly recommending approval of these removals with a 4:1 replacement requirement. I believe that ultimately, the health of Atascadero' s urban forest depends on reforestation and cooperation of the residents who choose to make their home here. I would much rather see the City allow the Ranallettes to build the home they desire and have them replant trees than to resent the City and its tree policies. Once again, I think that a pre - design consultation with these applicants and their architect might have avoided this tree removal application altogether and perhaps given the Ranallettes a home that would have been just as pleasing. Because a copy of this report will be given to the applicants, I am also including the tree planting guidelines: 1 . Choose S, 15 gallon - sized Quercus lobata. 2 . Inspect the trees for encircling roots {roots that wrap around the pot have a poorer chance of straightening out and growing right in the ground. 3 . when planting, make sure that the roots have been untangled, straightened and loosened as much as possible. 4 . Plant in a hole at least twice as big as the pot, and use native soils in the hole. 5 . Provide the tree with deep watering - meaning a slow, gradual and long watering (which encourages downward root growth to anchor the tree) . Provide one deep watering in late spring and two in the summer. If drip irrigation is used, do long, slow waterings applying 10-20 gallons over a three-four flour period. b .- Protect the young trees from wildlife with some kind of fencing - welded wire fencing of at least 4 feat in height (I can provide some specs if needed) . The applicants shall also provide the City with a signed statement attesting to the planting of the replacement oaks; this information will be kept on file in the City Arborist' s office. Attachments: Application Site Plan and Location Map Arborists' reports CC Hank and Ann Ranallette D 1MT Ma ��. F _ID FEB O 1 1990 COMMUNITY DEVELOPMENT DEPARTMENT sr }. PLANNING DIVISION COMMUNITY DEVELOPMENT 6500 Palma Ave. S'�s�.i: .ti P.O. Box 747 � .s_cw£Rp4 Atascadero , CA 93423 (805) 466-800C APPLICATION FORM ^NN Please type or print in ink A �l�IyaL.G.�y-�C' . Ad,4 N K R.4.ni q c..Ltn'TE Owner : Zo /_33 ;Z- Agent : Address: 47--tt.Se,90ety CA 93VZ,3 Address: Y—f 7- r ,ATA6r-A(}0F,0t0 Phone #: z / Phone #: 4<o6,-7Z/4 Applicant: Address: Phone #: \, Project Description: yegy-z attGtW t4e&i254JC4 Existing Use: UST e or Project Address: �'� 4z OO F L Mo A/Tf' 'Qd Legal Description: Lot(s) --- ,3--1- ; Block 0,5' _; Tract Assessors Parcel No(s) : 0_40 - Ina - Odg I/We consent to the filing of this application and declare that this application and related documents are true and correct. (NOTE: The signature of the property owner is required on the application afor �it �willbe accepted for processing. ) Owner Agent /-�/- 90 Date Date For Staff Use Only Fee: Receipt #: Tree. 'removal Permit Application Supplemental Information (Please type or print in ink) Reason for Removal : Number of Trees to be Removed : Specify the size (measured 4 ' above ground level ) , species (both common and botanical name) and condition of each tree to be removed : . u - A ' 3. 4. 5. Specify the size and soecies of the trees proposed to replace those intended for removal : o�4KS 2. 3. 4. 5. Please prepare a "Plot Plan" showing all improvements on your property, trees to be removed, trees to remain, and the proposed location replac ment trees as per the attached example. Owner Arbori t 191 Certificate Number -�2 - �16 Date Date CITY OF AT-aSCADERO EXHIBIT A r . scaoF�� C 0 MM CI N I 7Y D E V t"L 0 PILI 7 N 7 LOCATION AND ZONING MAP \� D E PA R TALI ENT PRECISE PLAN 15-90 r �iY •\ /� \\ 'V �� 11 O j _ r. 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Mf j MIN V 11 Mill :.. ttL Grrrrn' t rrti 1'�}J #19 y k�lll 11 , ( ` 1#"• .r, �P d roto- Pl .�4, 'j'. �,� s ti ill { t ,'' 'l. ¢'..AN , (' . • '1 � rfFR r�( 1�rLllllill } Z 1. .. 11 d P. -4f i9 ;Y /J ff q: F 1 UI it ' },l t °•� , {1.,'; +4� Ili; .f ft 1 �� � 1. ,•��' _% 1. r 0 t 1 S • 11 . .1'T CITY OF �,�ASCADERO - yEXHIBITr. CO�til;ti1 Lr;�r'i 7Y D c v, r O P:v! ;u Z LOCATION AND ZONING MAP PA R i.,Vf S 7 PRECISE PLAN 15-90 MIF I \ � `;` /.`fit ` / % _\( �,• ` \ ,o jf `40 t 1- �a � res d+rrt• � .:c __,_�,--_ ; ;P� 14400 71 Mor.tm �.._'j"''�_ \_✓r 1 1 I dCat,s^, 6+ of N 2000 ; � u �,� _,,..... ,' '- r/Gnlctl Y'•WYu� LteVtA Of eT�l Lo, H I � r' wl - �,w•i � � � 13c STV ! n l.t.•.rr l / { 1•.(� \GES IDE•.YCE \ ` 2 (+bn•wA Ito \ . A ..,.ru. ..... 7', fQAtWD PM ✓/ OArS * /1200 6A4- ?-Co-•rrtT.Ib+T Y \ 1� `'t1 U r .•'�f \ r-rV... .� CR•C TAM 1Cr /� ,h �� � �♦�•.t'�_x4 /^ \ w1 100 dar C�[oJt �, pq r; 70 110 AlItSA I t \\\ r Lr \ \�K1. '..� .wm.r(. \ \ /•ANS10►1 \ `_ '_ ,'.. / AIL vr-U, \ �� 1y� Y•N •k lr••1!'[ � cflfrw /.L !••' JAT•rJ AQ£� .313 . 6N+»e AIM- ' Lu �t •�tw.. re i \ \ �•. Pt,.tw•: �C . � ZfXE�y!n, �. x•1,5 .i..l --- -- \ .:x.1[4'! / Wl•w! t fw too 14 IV IJ lo ,. •A` - trrr p••.;....» r.».E. ..... w, r..•.... .r 2 I � \ �'l�'�y1N= J.�.� fra � , f:f.' wr.r wV r:r` I.err. r.-r.[.r..w-. .. Y...•. •-aT.� 1 1 r\ • �T .. 'G - S.I.4w:+. .. ..•r` _ .. t•1 r..:• M ..•Jh � \ _� \\\, � .'A^. I s REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: -u=}- B-2 Through: Ray Windsor, City Manager Meeting Date: 3/27/90 &5/8/90 File No: TPM 22-89 From: Henry Engen, Community Development Director }1�, SUBJECT: Appeal on behalf of David Long and C.L. Knowles by Volbrecht Surveys of Planning Commission' s denial of Tentative Parcel Map 22-89 (7900/8000 Santa Cruz Road) . RECOMMENDATIONS : 1 . Staff recommendation was to approve Tentative Parcel Map 22- 89 based on the Findings for Approval in Exhibit D and the Conditions of Approval in Exhibit E of the attached Planning Commission staff report, dated February 20, 1990. • 2 . Planning Commission recommends denial based on the Findings or Denial adopt by the Planning Commission in the attached Exhibit D (as amended and adopted) . BACKGROUND: At their February 20, 1990 meeting, the Planning Commission reviewed this proposed subdivision of two parcels into three residential lots . The Commission, on a 6 : 1 vote denied the project based on the Findings for Denial included herewith. ANALYSIS: The appealants are requesting to subdivide two parcels containing a total of approximately 10.27 acres into three residential lots of 3.39 acres each (excluding accessways) . As indicated in the attached Planning Commission minutes excerpts, the key issues were the calculations in determining average slope and the crea- tion of flag lots . The attached Letter of Appeal contests the Findings for Denial of the Planning Commission. HE:ph Enclosures: Letter of Appeal, received March 6, 1990 Staff Report - February 20, 1990 Exhibit D - Findings for Denial Planning Commission Minutes Excerpts - Feb. 20, 1990 cc: Allen Volbrecht Ibrech-G SURVEYS 7508 Morro Rd. • Atascadero, CA 93422 • 805/466-9296 March 5, 1990 City of Atascadero 6500 Palma Avenue Atascadero, California 93422 ; ; "? 1 Community Development Department ;- SUBJECT: Tentative Parcel Map 22-89 7900/8000 Santa Cruz Road At their February 20, 1990 meeting the Planning Commission voted to deny Tentative Parcel Map 22-89 for the following reasons: MAP FINDINGS: 1. The proposed map is not consistent with the applicable General or Specific Plan. 2. The site is not physically suitable for the proposed type of development. 3. The site is not physically suitable for the proposed density of development. FLAG LOT FINDINGS: 1. The subdivision is not consistent with the character of the immediate neighborhood. 2. The flag lot is not justified by topographical conditions. We feel that the findings for approval on the original staff report were sound for the following reasons: MAP FINDINGS: 1. The size and configuration of the proposed lots is consistent with the lots surrounding the proposed development. 2. Our proposed development of the property meets the City's development criteria. Access to the rear parcel meets the City's design standards and accesses a beautiful building site without removing any trees by Surveying - Land Planning , utilizing a short stretch of access easement onto parcel 1. This easement consists of 0. 008 acres which is excluded from the area shown on the tentative map for parcel 1. If necessary, the parcel lines could be adjusted to include that portion of the driveway within parcel 3. 3 . There are two existing residences on the property. The proposed parcel is presently not utilized. The proposed parcel meets the minimum parcel size criteria for the area and is similar in size and shape to other parcels in the immediate vicinity. FLAG LOT FINDINGS: 1. There are other flag lots in the immediate vicinity. Since these lots abutt the Colony Boundary and some are more than three times as deep as they are wide, creating a flag lot leaves excellent separation between the dwellings on each parcel and allows a buffer between traffic on Santa Cruz Road and children playing on the rear parcel. 2. There is a beautiful building site at the rear of the property. Since access has to be taken from Santa Cruz Road the flag lot is the most practical way to develop the parcel. Therefore, at this time we wish to appeal the action taken by the Planning Commission. Sincerely, o-, UJI) Alan L. Volbrecht L.S. 5201 CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: February 20, 1990 BY:D P Steven L. Decamp, City Planner File No: TPM 22-89 SUBJECT: Request to divide two (2) parcels containing a total of approximately 10 .27 acres into three (3) residential lots of 3 . 39 acres each (excluding accessways) . RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 22-89 based on the Findings for Approval in Exhibit D and the Conditions of Approval in Exhibit E. SITUATION AND FACTS: 1 . Applicant. .. . . . . . . . . . . . . . . . . .David Long & C. L. Knowles 2 . Representative. . . . . . . . . . . . . . .Volbrecht Surveys 3 . Project Address. . . . . . . . . . . . . .7900/8000 Santa Cruz 4 . General Plan Designation. . . . .Suburban Single Family 5 . Zoning District. . . . . . . . . . . . . .RS (Residential Suburban) 6. Site Area. . . . . . . . . . . . . . . . . . . . 10 .27 acres 7 . Existing Use. . . . . . . . . . . . . . .Parcel 1 - SFR Parcel 2 - SFR Parcel 3 - Vacant 8 . Environmental Status. . . . . . . . .Negative Declaration posted January 29, 1990 ANALYSIS: The application before the Commission proposes the subdivision of two (2) parcels containing a combined total of approximately 10 .27 acres into three (3) lots containing 3 .39 acres each (the additional 0 .40 acres is located within the accessway for Parcel 3 and is excluded from the total lot size) . The General Plan designates this property for "Suburban Single Family" development. The property is located within the RS zoning district, which is consistent with its General Plan designation. This zoning district has a minimum lot size that ranges between 2 .5 and 10 . 0 acres depending on the "score" of the performance factors specified in the Zoning Ordinance. For the area in which this proposal is located, the lot size performance factors and the related scores are: FACTOR SCORE Distance from Center of Town 0 .75 Septic Suitability 0 .75 Average Slope 0 . 75 Access Condition 0 . 40 Neighborhood Character 0 .74 Minimum Lot Size 3 .39 acres The lots proposed by this application are, therefore, larger than the minimum lot size allowed by the Zoning Ordinance for this neighborhood. The property proposed for subdivision is partially developed. Proposed Parcels 1 and 2 both contain single family dwellings. Proposed Parcel 3 is vacant. Other properties in the surrounding area are developed for similar, relatively large-lot residential use. The average lot size of parcels within 1500 feet of this site is 3.73 acres . This is slightly larger than the lots proposed by this application. The design of the proposal before the Commission results in the creation of a "flag" or deep lot subdivision. Section 11-8 .209 of the City' s Subdivision Ordinance provides design standards for deep lot subdivisions as well as "Findings" which must be made prior to the approval of such a subdivision. The Commission must consider the proposal and make the following findings if the subdivision is to be approved: "1 . The subdivision is consistent with the character of the immediate neighborhood. 2 . The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 3. The flag lot is justified by topographical conditions. " With regard to Finding #1, Exhibits A and B show the size and configuration of the parcels in the area around the proposed subdivision. As can be seen, the proposed lots are similar in size and configuration to the other existing lots in the neighborhood, particularly those on the north side of Santa Cruz 2 Road. In addition, there are other deep lot subdivisions that have been approved by the City in proximity to the current proposal . Finding #2 suggests that the installation of a standard City street might be preferable to the creation of a flag lot . In this case however, the provision of a driveway, with the elimination of an existing encroachment, will be less disruptive and will require less grading. The provision of a City-standard street to serve a single dwelling unit is not a defensible requirement for this proposal. The final "Finding" requires consideration of topographical conditions . With this proposal, the consideration needs to be directed more to the configuration of the existing lots and the placement of the dwelling units on those lots . Both of the existing parcels exceed the three to one lot depth to width ration imposed on newly created lots by the Subdivision Ordinance. Given this fact, and the placement of the existing development on the lots (see Exhibit C) , the remaining developable area is to the rear as proposed. There are no "topographical" impediments to the proposed lot configuration or to development on the rear lot . As indicated above, both of the existing lots exceed the 3: 1 lot depth to width ratio imposed on the creation of new lots. The configuration of the proposed subdivision will result in Parcel 2 remaining in excess of the 3 : 1 ratio. This does not appear to be of particular concern in this case, however, because further division of the lot will be precluded by the Zoning Ordinances minimum lot size requirements. In this case, Staff believes that the "Exception Findings" listed in Exhibit D can and should be made. CONCLUSIONS: The design of the proposed subdivision is in general conformance with the City' s General Plan and Zoning Ordinance. The proposed new home site can be developed in conformance with existing and anticipated neighborhood character and without adverse impact on surrounding parcels. The flag lot "Findings" required by the Subdivision Ordinance can be made. Finally, the size and character of the proposed lots is consistent with the other lots in the vicinity of the subdivision. SLD/ ATTACHMENTS: Exhibit A - General Plan Map Exhibit B - Zoning Map Exhibit C - Tentative Parcel Map Exhibit D - Findings for Approval Exhibit E - Conditions of Approval 3 EXHIBIT A CITY OF ATASCADERO TPM 22-89 - -- COMMUNITY DEVELOPMENT MCAD General Plan Map DEPARTMENT �� Jl 77 77 �1 4M1 9G' •rn c .f tl h a t i r 7 n �Fx N INGL > .._ .., y �wr' i� EXHIBIT C CITY OF ATASCADERO TPM _ 22 89 COMMUNITY DEVELOPMENT Tentative map DEPARTMENT ro. Ilk ti a+ t roe° \\ \ ZZ- '~ s \mss EXHIBIT D - Findings for Approval Tentative Parcel Map 22-89 7900/8000 Santa Cruz (Long/Knowles) February 20, 1990 ENVIRONMENTAL FINDINGS: The proposed project will not have a significant impact on the environment . The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1 . The proposed map is consistent with the applicable General or Specific Plan. 2 . The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3 . The site is physically suitable for the proposed type of development . 4 . The site is physically suitable for the proposed density of development. 5 . The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. Flag Lot Findings: 1 . The subdivision is consistent with the character of the immediate neighborhood. 2 . The installation of a standard street, either alone or in -conjunction with neighboring properties is not feasible. 3. The flag lot is justified by topographical conditions. Exception Findings: 1 . The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in this particular case., to conform to the strict application of the regulations in the Subdivision Ordinance. 2 . The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. 3 . The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 4 . Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. EXHIBIT E - Conditions of Approval Tentative Parcel Map 03-89 7900/8000 Santa Cruz (Long/Knowles) February 20, 1990 CONDITIONS OF APPROVAL: 1 . Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the frontage of each parcel prior to recordation of the final map. 2 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3 . Obtain an encroachment permit from the Atascadero Public Works Department and sign an agreement guaranteeing that the work will be done and the inspections paid for, prior to the start of public works construction. Construction of the improvements within the public right-of-way required herein shall be completed prior to recording the final map. 5. The existing driveway serving Lot 39 (Parcel 1) shall be abandoned, redesigned, and reconstructed to enter the lot from the accessway to Parcel 3. The abandoned driveway area shall be regraded to approximate original contours . 6. An easement for access to Parcel 1 shall be created across the affected area of Parcel 3 . 7 . Parcel 1 shall have no direct access to Santa Cruz Road. Relinquishment of access rights shall be noted on the final map. 8 . All graded and regraded areas shall be seeded or landscaped to match adjacent vegetation. 9. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 10 . Drainage facilities in the public right-of-way shall be -constructed to City of Atascadero -standards. All work shall be completed prior to the final inspection of road improvements. 11 . An offer of dedication to the City of Atascadero for the following right-of-way is required: Street Name: Santa Cruz Road Limits: 20 feet from centerline 12 . Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. 13 . A final map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14 . Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. EXHIBIT D - Findings for Denial Tentative Parcel Map 22-89 7900/8000 Santa Cruz (Long/Knowles) February 20, 1990 (as amended and adopted) MAP FINDINGS: 1 . The proposed map is not consistent with the applicable General or Specific Plan. 2 . The site is not physically suitable for the proposed type of development. 3 . The site is not physically suitable for the proposed density of development. Flag Lot Findings: 1 . The subdivision is not consistent with the character of the immediate neighborhood. 2 . The flag lot is not justified by topographical conditions . 5 ITEM : A-2 MEET. DATE : 3/3/90 MINUTES - ATASCADERO PLANNING COMMISSION ;Regular Meeting : Tuesday, February 20, 1990 7:30 p.m. Atascadero Administration Building i lThe regular meeting of the Atascadero Planning Commission was ! called to order at 7 :30 p.m. by Chairperson Lochridge, followed ! by the Pledge of Allegiance. j ROLL CALL ' Present: Commissioners Waage, Lopez-Balbontin, Luna, Highland, Hanauer, Brasher and Chairperson Lochridge Absent: None Staff Present: Steven Decamp, City Planner; Doug Davidson, Senior Planner; Mike Sullivan, Assistant Planne -; Pat Shepphard, Administrative Secretary PUBLIC COMMENT There was no public comment. A. CONSENT CALENDAR 1 . Approval of minutes of the regular Planning Commissio meeting of February 6, 1990 Commissioner Brasher stated she had not yet received the minutes. It was decided to postpone this item to the Marc 6, 1990 meeting. B. HEARINGS, APPEARANCES, AND REPORTS 1. TENTATIVE PARCEL MAP 22-89 : Application filed by Dav Long and C.L. Knowles to subdivide two parcels containing a total of approximately 10. 27 acres into three residential lots of 3 .39 acres each (excluding accessways) . Subject site is located at 7900/8000 Santa Cruz Road. Steve DeCamp presented the staff report. He corrected an error in the staff report concerning acres located within the accessway. There are two areas provided for access that are excluded from the overall lot size determination. They are .008 acres (grading easement) , and .08 acres (flag portion of Parcel 3) . Staff is recommending approval subject to 14 conditions. PAGE TWO Commission questions and discussion followed. Commissioner Lopez-Balbontin expressed concern with the flag lot finding pertaining to this subdivision being consistent with the character of the immediate neighborhood. Mr. Decamp explained that this finding was based not strictly on the number of flag lots but on the size of the lots. Discussion followed. Commissioner Luna referenced Section 9-3 . 144 of the Zoning Ordinance pertaining to performance standards (for determining average slope) and noted tie computed the slope in three different ways and came up with 23;, 27;, and 24; for the proposed lot. Mr. Decamp explained the process by which lot size is typically determined which uses the average cross slope of the property. Discussion continued. Commissioner Luna inquired whether the cumulative effects of flag lots in this area are being taken into consideration. Alan Volbrecht, agent for the applicant, spoke in support of the recommendation. He addressed Commissioner Brasher' s inquiry concerning staking of the lot. In responding to Commissioner Luna' s comments on flag lots, Mr. Volbrecht reminded the Commission that this is an application for one particular project and not an overview of the entire area or city. Mr. Volbrecht stated that the policy for determining slope has always been to consider average slope over the original parent parcels. In response to question from Commission Waage, Mr. Volbrecht explained that the access easement from Parcel 1 to Parcel 3 was designed to keep the development to one side of the property, allows the maximum use of the original lot. In response to question from Commissioner Brasher concerning water run-off from Parcel 3, Mr. Volbrecht remarked that issue will be mitigated when the engineered design for drainage is approved as part of the building permit approval . Steve LaSalle, area resident, stated it was his understanding from past joint Council/Commission meetings that flag lots were not supported and these types of lots should be scrutinized very closely. He added he was not so sure this map meets close scrutiny. Mr. Volbrecht indicated that over six months of development was involved with the design of this project and was not something that was arrived at overnight; he considered this project to be in conformance with other lot sizes in the area. PAGE THREE John McNeil, area resident, referenced the ordinance section • applicable in averaging the slope stating the section is quite clear in its restrictions. He advised that if this map is scheduled for Council approval, that the Commission include a recommendation in approving the map that the City Attorney render an opinion regarding the applicability of the ordinance. Commissioner Waage stated he has a problem with a portion of the access easement going onto property (Parcel 1) which is not owned by Parcel 3 . Commissioner Lopez-Balbontin expressed concern with the proposed lots being being smaller than the average size lots in the area which is why he would not be able to support Flag Lot Finding !#1 . Mr. Volbrecht clarified that the access is owned in fee across Lot 1 to access the back lot. Mr. DeCamp explained that the loop on the map follows the "toe of the slope" which is .008 acres adding this is the only area where any portion of that accessway needs the easement on the adjacent lot (which is only for the slope) . Discussion continued. MOTION: Made by Commissioner Luna to direct staff to bring back findings for denial of Tentative Parcel Map 22-89. Chairperson Lochridge stated that in some extreme cases, flag lots may be desirable although he did not see this split as being desirable. He added he would also have difficulty in making the flag lot findings. Commissioner Hanauer stated that if flag lots are not considered in situations like this, the City will end up with many land-locked pieces. This map is a perfectly legitimate development for a flag lot solution and added he concurs with staff' s calculations of the slope. Commissioner Lopez-Balbontin indicated that he would support Commissioner Luna' s motion if it is amended to include findings for denial at this time. Commissioner Luna amended the motion to make the following findings for denial of Tentative parcel Map 22-89 and Commissioner Lopez-Balbontin seconded the motion: (Map Findings) g } 1. The proposed map is not consistent with the applicable General or Specific Plan. PAGE FOUR 2. The site is not physically suitable for the proposed type of development. . 3 . The site is not physically suitable for the proposed density of development. (Flag Lot Findings) 1 . The subdivision is not consistent with the character of the neighborhood. 2 . The flag lot is not justified by topographical conditions. The motion carried 6: 1 with Commissioner Hanauer dissenting. 2. TENTATIVE TRACT MAP 25-8g : Application filed by Glen Lewis, et al (North Coast Engineering) to subdivide one parcel (6 .7 acres) into four lots of 2.17, 1 .60, 1.67 and 1 .25 acres each. Th proposal also includes the creation of 81 commercial condominium units . Subject site is located at 5805 Capistrano Avenue (Hotel Park) . Doug Davidson presented the staff report and provided a background concerning the prior precise plan approval for this property. He noted that staff is not concerned with the ownership of this property, but with the orderly development of the site in light of previous project approvals. Staff is recommending approval subject to eight conditions. Commission questions and discussion followed. Commissioner Luna asked questions relative to vesting commercial maps and estimated time frames for completion of the various phasings for the map; he expressed concern with the timeliness of the completion of the project. Mr. Davidson responded that the map approval is tied together with the precise plan in assuring that all necessary requirements will be complied with. There was continued discussion relative to project commitment concerning the amount of work to date which has included substantial site grading. Commissioner Luna inquired whether any provisions have been made for passive and natural heating and cooling design for the buildings. Mr. Davidson responded that the Subdivision Ordinance contains a guideline for the orientation of the buildings. In this case, all four of the lots do not meet REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Ray Windsor, City Manager Meeting Date: 5/8/90 File No: TPM 19-89 From: Henry Engen, Community Development Director SUBJECT: Appeal of Planning Commission' s denial of Tentative Parcel Map 19- 89 at 7675 Bella Vista Road (Kelly Gearhart - Sierra Pacific Engineering, agent) . RECOMMENDATION: Denial of the appeal and denial of Tentative Parcel Map 19-89 as recommended by the Planning Commission (Exhibit D, Findings for Denial ) . • BACKGROUND: On March 6 , 1990 and April 3, 1990, the Planning Commission conducted public hearings on TPM 19-89 . At the March 6th meeting, the Commission directed staff to bring back Findings for. Denial for consideration. On April 3, 1990, the Commission, on a 4 : 2 vote, denied the request as outlined in the attached Findings for Denial . There was discussion and public testimony as reflected in the attached minutes excerpts . Subsequently on April 6, 1990, Planning Commissioner George Highland appealed the denial for reasons outlined in his memorandum of appeal (see attached) . ANALYSIS: As indicated in the attached minutes excerpt, the primary focus of discussion by the Planning Commission was the substandard condition of Bella Vista Road and discussion of the proposed requirement for the applicant to bring the road up to the most recently adopted City standards which calls for a 20 foot pavement with 4 foot shoulders . This, in turn, creates a "catch-22" situation where the environmental effects are negative to say nothing of the cost to the applicant. The Planning Commission in their proposed findings for denial, came up with three map findings for denial together with an additional finding that Bella Vista Road is not in conformance with minimum road standards . Appellant George Highland has cited the lack of knowledge at the initial meeting that Bella Vista was a City-maintained street as one of his basis for appeal . It should be noted that the Public Works ' original recommendation for road improvement would have been made regardless of whether the road was publicly maintained or not. (Subsequent records search to confirm that Bella Vista was, in fact, conveyed to the City has been inconclusive. ) The Director of Public Works has prepared the attached memorandum supporting the Planning Commission' s recommendation to deny the parcel map, primarily based on the inadequacy of Bella Vista Road. PUBLIC POLICY IMPLICATIONS: Should City Council concur with the recommendation of the Planning commission and deny the map. The public policy implication is clearly one that lot splits proposed on substandard roads are candidates for denial . Engineering staff has been developing an analytical materials for a future study session dealing with a wide variety of road issues facing the City ranging from minimum road requirements for building permits to off-site road improvement requirements for parcel maps, subdivisions and other types of development projects . This should be available for scheduling in the near future and will allow comprehensive discussion of the issues raised in this particular case . . HE :ps Attachments : Appeal Memorandum Dated April 15, 1990 • Public Works Director' s Recommendation Staff Report Dated April 3 , 1990 Staff Report Dated March 6 , 1990 Minutes Excerpt - April 3, 1990 Minutes Excerpt - March 6 , 1990 cc: Kelly Gearhart Sierra Pacific Engineering George Highland , �,. I 11 t 11 ", ,- I�"', ,��, 6, .I �� , � � ,���,, � , I ' ,-, r a ,> .`. l` , `,`, REPOR TOS CITY COUNCIL Meeting Date""5l8l9a '�. .. CITY .OF ATASCADEROAgendaItera, _ � 11-1 u 1. t - - ., # z 'c t k a `f ^d t 'F ±. 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K v Y.�.7ih^'#+ ✓7 N d� � �f ;ns e,f. a se; :r t, I - ., - ,.� _ r . ,. �,, - , ,,. ., *.: e� p�C111 SUBJECT• , s, ` 11 � �._. s- , ' � = .Memorandum of Undeii"ind' regarding Solid Waste Managem11ent A11 � -.14-111' `#` _;: , V�*�.'ij'z{ .h:�`"t rd """,7 ,i,�H;*. xNx ,-- P#,zE .. 3e .,x ��ll,s E�� �* sr 5g ,,', x �+ a r RECOMMENDATION• g; ?S 5n, �, # "61`'' tr*' `"x ;`aS M.r �* ny , ' ae S .`lll,l x ,* 44 s'a'fiF, + �:, a x"+. ,�AdopE �� the , attached -::Memorandum ,11 of Understanding anci authorize li 1, the Mayprstor sxgnthe agreement zn 'behalf of theCit � , ,P DISCUSSION c Ns :� w i *. fa >a # 4 , 1 _ ti 3k-,r s ."t�11w fit" ;,` " a t y ^ a'' j1 y i t r'S ' ? 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'rr_ I..,.. .�: ,r x: .x.�'ed�-:,fiia^ MEMORANDUM OF UNDERSTANDING • REGARDING SOLID WASTE MANAGEMENT RECITALS WHEREAS, the California Legislature has enacted the California Integrated Solid Waste Management Act of 1989, commonly referred to as Assembly Bill 939; and WHEREAS, Assembly Bill 939 mandates that certain solid waste planning be undertaken by the County of San Luis Obispo and the cities located within that county (the "Local Cities") , and that these actions must be taken in a timely manner; and - WHEREAS, it is the responsibility of the county and the local cities to prepare and adopt a Source Reduction and Recycling Element which shall include a program for the management of solid waste generated within the cities and the unincorpd1rated areas of • the county; and WHEREAS, it is the County's responsibility to prepare and adopt a countywide Integrated Waste.Management Plan; and WHEREAS, the County of San Luis Obispo and the Local Cities have convened a Solid Waste Task Force to study issues related to solid waste management and to make recommendations to these entities in the area of solid waste management and to assist in coordinating the development of the city and county Source Reduction and Recycling Elements; and WHEREAS the 'Solid Waste Task Force has convened a Solid Waste Technical Committee to advise the Solid Waste Task Force on ± matters pertaining to the development of the Source Reduction and Recycling Element and the countywide Integrated Waste Management P �._t� `::..+f:v _r',' _..'"r�t�'.►"i':S£.,aS'". ..a�=�:. ......'i4�:$'�ci.,ay Plan, and the funding of the costs of preparing these plans; and • WHEREAS the Solid Waste Technical Committee has considered various ways in which to meet the requirements set forth under Assembly Bill 939; and WHEREAS the Solid Waste Task Force has considered the recommendations made by the Solid Waste Technical Committee, and the Task Force has determined that 1) it would be more cost- efficient to adopt a countywide approach to prepare the County and City Source Reduction and Recycling Elements, and the countywide Integrated Waste Management Plan, 2) the governmental entities having jurisdiction over solid waste management within the county should cooperate jointly to achieve a timely completion of their responsibilities under Assembly Bill 939, by engaging the services of a consultant to draft both the County and City Source Reduction • and Recycling Elements and the Integrated Waste Management Plan; and 3) that these entities should develop a proper method of funding the preparation of the plans required under Assembly Bill 939, as codified in California Public Resources Code section 41901, and adopt a mechanism for equitably funding the preparation of the Source Reduction Recycling Elements and Integrated Waste Management Plan. NOW, THEREFORE, it is understood and agreed by and between the governmental entities which are signatories to this document, as follows: 1. That the County of San Luis Obispo, the cities located within the County of San Luis Obispo, and those special districts located within the County having jurisdiction over the removal of solid waste, will collectively pursue a countywide • approach to the problems of solid waste management, and that these entities shall collectively engage a consultant and a project coordinator to prepare the individual Source Reduction and Recycling Elements and the Integrated Waste Management Plan required under Assembly Bill 939. 2. That the necessary ordinances and resolutions be adopted, levying a tipping fee surcharge equivalent to $1. 00 per ton at all public landfills in the County of San Luis Obispo, to fund the preparation of the Source Reduction and Recycling Elements and the Integrated Waste Management Plan. 3 . That the tipping fee surcharge be apportioned among all of the residents of the County of San Luis Obispo in an equitable manner. • Passed and adopted by the signatories hereto on the dates . indicated below. City of Grover City Dated: By: DAVID EKBOM, Mayor of Grover City City of Arroyo Grande Dated: By: MARK MILLIS, Mayor of Arroyo Grande • City of Pismo Beach Dated: By; DICK MORROW, Mayor of Pismo Beach City of San Luis Obispo Dated: By: RON DUNIN, Mayor of San Luis Obispo City of Morro Bay Dated: By: ROSE MARIE SHEETZ, - Mayor of Morro Bay City of Paso Robles Dated: By: STEVE MARTIN, Mayor of Paso Robles City of Atascadero Dated: By: ROLLIN DEXTER, Mayor of Atascadero County of San Luis Obispo Dated: By: EVELYN DELANY Chairperson of the Board of Supervisors • misc\memo.und (lmdm)