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Home My WebLink AboutAgenda Packet 03/08/1988 CINDY WILKINS DEPUTY CITY CLERK f NOTE : THERE WILL BE A SPECIAL OPEN MEETING COMMENCING AT 5 : 30 P .M . IN THE CLUB ROOM FOR THE PURPOSE OF MEETING; WITH EXECUTIVE SEARCH FIRM TO DISCUSS CITY MANAGER RECRUIT- MENT. A G E N D A ATA'WCADERO CITY COUNCIL REGULAR MEETING ATASCAD`ER4 ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR , ROTUNDA ROOM MARCH 8 , ' 1988' 7: 30 P .M . RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda . A person may ",speak for five ( 5) minutes . No one may speak for, a second time until everyone wishing to .speak has had an ,opportunity to do so. No one may speak more than twice on any item. * Council Members may question ,any speaker ; the speaker, may respond , but , after the allotted time' has expired , may ;not initiate further 'discussion . The floor, will then be closed to public participation .and open for, Council 'discussion . Call to Order Pledge of Allegiance Roll "all City ,Council 'Comment Proclamations - "Camp Fire Birthday Week" , March13-20 , 1988 - "American Associationof University Women Week" , March ` 63- 12 , 1988 COMMITTEE REPORTS (The following represents Ad Hoc or, Standing Committees . Informative status reports- wi 1 l be given , as felt necessary .;) I . City/School Committee 7 Pavilion Committee 2 North Coastal Transit S . Police Facility Commi tt`ee 3 . San Luis Obispo Area 9 . Atascaderc Lake Acquisition Coordinating Council Committee 4 . Traffic Committee 10 . Tree Committee . 5 . Solid/Hazardous Waste 11 . Bicentennial Committee Management Committee G . Economic Opportunity Commission Approximate Time -- 30 Minutes) COMMUNITY FORUM: � I The City Council values and encourages exchange of idem and comments from you the citizen . The PublicComment 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 : I * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes :an extension . All t remarks shall be addressed to Council ; as a whole , and not to any individual member• thereof . * No person shall be permitted teed to make slanderous , profane or personal remarks against any Council Member or -City t,aft Aoy person desiring to submit wr•i tt>rn statements may do 'o by forwarding to Counci 1 , prior to the Council Meeting , g , nine ( 9) copies to the City Clerk by 5 . 00 p .m. on the Wednesday pr -ceding the Council Meeting . A . CONSENT CALENDAR All matters listed under Item A Consent Calendar , are considered to be r cutin"W , and wi 1 l be enacted by one motion in the form listed b a l caw. There wi l 1 be no separate discussion on these items . A member of the Council l or public may, by < request ,; have .any item removed from the Consent Calendar , which shall then be reviewed ewed nd acted upon separately after the adoption of the Consent Calendar . 1 . Approval of February 22 , 1088 Special joint Counci 1 /AUSD Board Meeting Minutes 2 . Approval of February 23 , 1988 Regular Council Minutes 3 . Approval ` of Tentative Parcel Pap '44--87 - 1909 'Triftic 'Way ( •James• ,Johnson/Cuesta Engineering)` 2 4 . Purchase of surveying :and engineering vehicle :' a . Adoption of Resolution No . 25-88 -- Authorizing City to purchase vehicles r,s hrough State of CAA cooperative purchasing agency b . Authorize purchase of ._seep Cherokee vehicle through State of CA cooperative purchasing bid E . HEARINGS/APPEARA'•lCES/REPORTS: (Approximate Time 20 DRinutes) 1 . Escu.ela del =Rio - Request for : waiver of Development Impact Tax and fees C. UNFINISHED BUSINESS: (Approximate Time - 5 Minutes) 1 . Authorization to enter into Contract of Employment for Interim Administrative Services ' Director (Cont ' d from 2/9 and ;2/23/88) ( Approximate 'Time 15 Minutes) 2 . 'tytuM Report by City Attorney regarding Eeno' s pur•chas =_ agreement negotiations Verbal (Approximate Time 5Minutes) 3 . El Camino Real and West Mall traffic signal Right-of-Way Agreement with Mr . & Mrs . Ben Hoff D . NEW, ,BUSI.NESS-7 (Approximate Time 20 Minutes) 1 . Receive reports from Recreation Department ( Requested by Council at 2/23/88 Meeting) •a Use of Paloma Creek Phase I bas.,bal1 diamonds I e - M ` ` b . Cost for use of lights by Atasc,adero Babe Reath ,at ^,lvcrd Field (Approximate Time - 20 Minutes ) 2 . Authorization to solicit request ;for proposals - Lewis Ave . P_.ridge design • 3 E . ATASCADERO COUNTY SANITATION DISTRICT (Approximate, Timw, - 10 Minutes) 1 . Award of ?ewer Ha ter• Plan Engineering A.9reement to CH ?M Hill in an `amount not to exceed $24 , 900 F . INDIVIDUAL DETERMINATION 1 . City Council 2 . City Attorney 3 . City Clerk 4 . City Treasurer a . City Manager` 4 • CAMP FIRE BIRTHDAY; WEEK March 13-20, 1988 WHEREAS , Camp Fire , Inc .', the national youth organization , will be celebrating its 78th birthday on March 17 , 1988 ;, and WHEREAS , Camp Fire councils in the State of Cal"ifornia offer our young people the opportunity of informal educationalprograms which combine group activitieswith the development of individual talents , as well as offering flexible programming focused on encouraging the life skills education for• young people of all ages ; and WHEREAS , as a community organization , ^Camp Fire is 'concerned with preserving the envir•onmen't , adapting to social change, the application of democratic standards and stimulating and guiding young people ; and WHEREAS , in Camp Fire , recognition of accomplishments is combined with the encouragement to use developing skills to serve others in the community ; and WHEREAS , Camp Fire is commended for the opportunities its programs offer to young people in the City of Atascadero and throughout the nation and for the many services these 'young people perform for, their• communities as Camp Fire members ; NOW, THEREFORE , I Barbara Norris , Mayor of the City of Atascader•o, do her•°eby officially proclaim March 13 to march 20, 1988 tobeCamp Fire Birthday Week in the City of Atascader•o. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Great Seal of the City of Atascadero to be affixed at the City Hall the day of March in the year of our .Lord, one thousand , nine hundred and eighty-eight`. CITY: OF ATASCAGERO BARBARA NORR'IS , Mayor_ • • AMERICAN ASSOCIATION OF UNIVERSITY WOMEN WEEK March 6-12, 1988 WHEREAS , the American Association of University Women (AAUW) has existed in Atascadero for over 50 years ; and and WHEREAS , the AAUW is an organization dedicated to education ; WHEREAS , the AAUW supports the advancement of women , in- volvement in community issues and 1 i fel ong learning ; and WH-EREAS , the AAUW is committed to the freedoms of religion , speech , press and� a .semb.ly as the foundations of democracy ; and WHEREAS , the AAUW is in its ::second century as a national organization ; and WHEREAS , the AAUW celebrates its heritage in conjunction with National Women ' s History Month . NOW, THEREFORE , I Barbara Norris , Mayor, of the City" of Atascadero, do hereby declare March 6- 12 , 1988 as "American Association of University Women geek" in the City of Atascadero and urge all citizens to recognize the importance of this observance . BARBARA NORRIS , Mayor City of Ate=�scadero California • AE IDA " C h Mr • ATASCAQE-RO CITY COUNCIL MINUTES •- SPECIAL MEETING FEBRUARY _22 , 1988 The Special Joint Meeting with the AUSD Board ( held in the � IMC Building of Atas . High School ) was called to order, at 7 : 00 p .m. I ROLL CALL Present : Co o n ci lme be~ s Bourbeau Handsh , Mackey and Mayor, Pr 0 Tem Borg son I Absent : Mayor, Morris Staff Present : Mike Shelton , City Mgr' . ; Paul Sensibaugh ,; Pub . Wks . Coir . ; Henry Engen , Commun . Devel . pi-r . ; Cindy Wilk-ins , Dep . City Clerk • AUSG Representatives present: Car . Anthony Avina , Supt . ; Board-- members Emile LaSalle , Sue Molle, Roy King , Leslie Haynes , Orville Horst , Theon Burt and Kenneth Beck Mr . Beek of the School Board called the meeting to order at 7 : 00 p .m. Mayor Pro Tem Borgeson mach opening comments , followed by a brief summary by Mr . Shelton , City Mgr . , of the February 4th joint meeting discussion . He noted that this 'second meeting between the two bodies was scheduled to allow time for all to study the consulting traffic engineer ' s report and to give public notice in the event there was mere interest in audience participation. 1 Atascadero Creek Bridge - Consideration of Bridge Location and Traffic Flow/Configuration Mr . Sensibaugh , Pub . talks . Dir . , gave - staff report, followed by lengthy discussion with ` both Council acid the School Board regarding proposed alternatives . Cost . comparisons (as taken from the engineer ' s report) were reviewed by Mr . Sensibaugh . • Mr . Shelton noted discussion with Cion Messer , Gaylen Little and other, Century Plaza representatives , who expressed the feeling that the Palma Avenue alignment Mould effectively ruin the shopping center . 1 ' • s • Further, discussion ensued . It was the basic consensus of the majority that a straight alignment would be preferred , but that the "S" Alignment was the best temporary compromise under the current circumstances Public Comment Gaylen Little , co-owner, of Century Plaza , expressed support for the compromise alignment and opposition to the Palma alignment , indicating that he will do whatever, he can to help support it . Bob Nimmo, resident , expressed concern for, traffic flow in Atas- cadero at buildout time of approx . 32 , 000 pop He feels this is a case of expediency , that the traffic generated in the future downtown would need straight lines and that the Lewis Ave. alignment would be the best long—term decision . The Board (by a 6 : 1 vote , with Boardmember LaSalle dissenting) approved "the concept of a bridge spanning the Atascadero Creek, including configuration of .a 00-degree ''S" Alignment from E . hall , south on Palma and southeasterly to Lewis Ave . , as recommended by theCity/School Committee , location and other, prov'i si otos" ._ Motion: By Councilman Bourbeau that Council grant conceptual approval of the alignment worked out by the City/School Committee for the Atascadero Greek Bridge , seconded by Councilwoman Mackey; passed by 4 : 0 rol l -call , wi th Mayor, Norri s absent , MEETING ADJOURNED AT 7 : 50 P .M . MINUTES RECORDED BY : CINDY WIL.KINS , Deputy City Clerk • 2 TE • ATASCADERO CITY COUNCIL MINUTES FEBRUARY 23, 1988 The regular meeting of the Atascadero City Council was called to order at 7:35 p.m. , followed by the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Absent : None Staff Present: Mike Shelton, City Mgr . ; Henry Engen, Commun. Dev. Dir. ; Paul Sensibaugh, Pub. Wks. Dir. ; Bud McHale, Police Chief; Mike Hicks, Fire Chief; Bob . Best , Parks & Rec. Director; Bill Wittmeyer, Sr,. Bldg. Insp. ; JeffJorgensen, City Atty. ; Boyd Sharitz , City Clerk; Cindy Wilkins, Dep`. City Clerk COUNCIL COMMENTS Councilwoman Mackey announced a catered dinner to be given by the Historical Society to celebrate E.G. Lewis ' s birthday and Atascadero 's 75 years on March 5th at the Community Church (reservations needed by Feb . 29th - Contact : Mrs. Mackey) . Councilwoman Mackey thanked everyone who contributed time and money for the tree planting project south of town. Councilman Bourbeau expressed his sadness that David Jorgensen, Admin. Svcs. Dir . , is leaving the City ' s employ this Friday— his services will be sorely missed. COMMITTEE REPORTS City/School Committee Councilwoman Mackey reported that the concept of a Lewis Ave. bridge alignment across A'tas. Creek _was approved last night at a special Joint meeting of the AUSD Board and City Council , with only one vote of opposition between the two bodies. • North Coastal Transit Nothing to report 1 SLO Area Coordinating Council Nothing to report Traffic Committee - This month ' s meeting cancelled , to meet in March . Solid Waste Mgmt. Committee - Mayor Norris urged public attendance at meeting March 3rd , 10 a.m. at the Agricultural Center in -San Luis Obispo, as area cities will be affected by this discussion. Economic Opportunity Commission - Mayor Norris reported that the Salvation Army has been working with EOC for some time in efforts to locate'' a facility (6,000 - 10,000 sq . ft. ) for the homeless. This effort has met with resistance from residential areas, and public suggestions and input regarding possible available rental facilities are requested . Contact: Mayor Norris. Police Facility Committee APD Chief McHale reported that a draft agreement has been prepared by the City Atty. and forwarded f n ' to the agent or the owners of Beno ' s s for review and revisions. 9 It is hoped that a statusreport will be available by the 3/8 Council meeting. Atas. Lake Acquisition Committee -- Nothing to report Tree Committee - Councilwoman Mackey reported that the Tree Ordinance has been before the Planning Commission for final revisions and will be on theirconsentagenda March 1st. Bicentennial Committee Nothing to report Pavilion Committee - Nothing to report COMMUNITY FORUM Larry Sherwin, Pres. Atas. Little League, urged that mounds be placed on the new ballfields at Paloma Creek Park in keeping with Natl . Little ' League rules', noting if this is not done, the 800 children participating in Atas. Little League will be excluded from using these fields. He also requested help, in developing the Traffic Way fields in the same manner .' Mayor Norris request- ed a staff report from Mr . Best , ';Parks & ' Rec. Dir . , at the next regular meeting . Jim Gibbons, Atas. Babe Ruth League, addressed the charges for the league' s use of the lights at Alvord Field ($7 per hour vs. actual cost of $3.50 per hour to the City) . He asks why the City is drawing a profit , noting the' league ' s improvement and main- tenance of the fields. Mayor Norris requested a staff report of Mr . Best, Parks & Rec. Dir . , at the next regular meeting. 2 Terril Graham, resident , commended the Council for being public servants and praised the public ' s attendance at tonight ' s meeting , noting that , while views may differ , it is a credit to our system of government . A. CONSENT CALENDAR 1 . Approval of February 4, 1988 Special Council Minutes 2. Approval of February 9, 1988 Council Minutes 3. Apporoval of Treasurer 's Report - January, 1988 4. Approval of Finance Dept. Report - January, 1988 5. Approval of Tentative LLA 19-87 - 2405 Santa Ana Rd. (Davis/Volbrecht Surveys) 6. Approval of TTM 42-87/Precise Plan 49-87 - 6875 Tecorida (Woodglen Developmt. , Ltd. ) 7. Approval of TTM 45-87 - 8300 ECR (Sanders Const./Cuesta • Eng. ) 8. Approval of TPM 31-87 - 7800 Santa Cruz Rd. (Davis/Cuesta Eng. ) 9. Approval of TPM 43-87 - 8500 El Dorado Rd. (Lindsey/Eng. Devel . Assoc. ) 10. Approval of Road Name 01-88 (Gallina Court) - 5200 Llano Rd. (Drake/Cuesta Eng. ) 11 . Acceptance of Final Parcel Map 14-85 - 9850 Las Lomas Ave. (Bebeau/Janolis/Cuesta Eng. ) 12. Acceptance of Final Parcel Map 5-87 - 8925 Atas. Ave. (Fisher) 13. Acceptance of Final Parcel Map 24-87 - 9122 Atas. Ave. (O'Bannon/Cuesta Eng. ) 14. Acceptance of Final Parcel Map 22-85 - 6905 ECR (El Camino Assoc./Cuesta Eng. ) 15. Acceptance of Final Parcel Map 7-87 - 5020 Palma (Ebhardt/Volbrecht Surveys) 16. Acceptance of Final Parcel Map 29-87 - 10655 Realito Ave. (Kinz/Twin Cities Eng. ) 3 r Dennis Lochridge, resident , requested Item A-12 be pulled for discussion, Councilwoman Borgeson pulled Items A-2 and A-6, and Councilwoman Mackey pulled Item A-7 for discussion. Motion: By Councilman Bourbeau for approval of Consent Calendar Items A-1 , 3, 4, 5, 8-11 and 13-16, seconded by Councilwoman Mackey; passed unani- mously by roll-call . Re: Item A-2, Councilwoman Borgeson noted correction to p .9 of the 2/9/88 Minutes, Item C-4, recalling that Councilman Handshy had left the meeting and the vote should be corrected to read "4:0" . Motion: By Councilman Bourbeau to adopt Item A-2 as amend- ed , seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy abstaining. Re: Item A-6, Mr . Engen gave a brief staff report and responded to questions from Council . Councilwoman Borgeson expressed concern regarding density and development standards applied to this project . Public Comment • Joe Elkins , Architect (did original design work on this project ) , noted that the new development standards did not apply when the development was originally designed . He also noted that this was voluntarily down-zoned and would have, originally, allowed for a higher density. He reviewed particular design features for Coun- cil ' s information, saying this is a good project for a "problem" area. Council discussion ensued regarding development standards. Motion: By Councilman Bourbeau to approve TTM 42-87 and Precise Plan 49-87 as per Planning Commis- sion ' s recommendation, seconded by Councilman Handshy; passed by 3:2 roll-call , with Councilmembers Borgeson and Mackey opposed . Re: Item A-7, Mr . Engen gave a brief staff report . Councilwoman Mackey expressed concern regarding unnecessary removal of native oaks. Mr . Engen noted the project was redesigned twice with re- spect to tree preservation. There was no public comment . Motion: By Councilman Bourbeau to approve TTM 45-87, seconded by Councilman Handshy; passed by 3:2 roll-call , with Councilmembers Borgeson and Mackey opposed . Re: Item A-12, Mr . Engen gave brief staff report. 4 I • Public Comment Dennis Lochridge, 8935 Atascadero Ave. , reiterated concerns ex- pressed at prior hearings on this item that the conditions on the project were not being met . Robert Fisher , applicant , noted that the road was built in con- formance with the approved plan and that he intends to pave it , although it is not a required condition. Motion: By Councilman Bourbeau that Council approve Final Parcel Map 5-87, subject to completion of the remaining two items and with direction to staff that if all conditions are not met the map will not be signed off (by the Commun. Devel . Dir . and the Pub . Works Dir . ) , seconded By Councilwoman Mackey; passed by 4: 1 roll-call , with Councilwoman Borgeson opposed . The applicant indicated , at the City Attorney ' s request , that he understands that final signatures on the map are contingent on completion of the two remaining issues. i B. HEARINGS/APPEARANCES/REPORTS 1 . Appeal of Plan. Comm. approval of C.U.P. 1-88 - Establish- ment of a mobilehome dealership for one year on the corner of San Anselmo and the west side of U.S. Hwy. 101 (Beehive Mobilehomes) - Goff (APPEAL WITHDRAWN) Mayor Norris announced that this appeal has been withdrawn. Council requested prompt notification from staff on future appeal withdrawals. Motion: By Councilman Bourbeau that Council recess and convene as the ACSD Board of Directors , seconded by Council- woman Borgeson; passed unanimously. C. ATASCADERO COUNTY SANITATION DISTRICT (ACSD) 1 . Proposed sewer annexation into Imp. Dist. #1 - MacCorkle (Cont 'd from 2/9/88) A. Resolution 21-88 - Extension of public sewer service to . Lot 25, Block YB (Larga Ave. ) and incorporation of the location into the boundaries of Imp. Dist. #1 B. Relief request by adjacent property owners 5 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report . Public Comment Mr . MacCorkle, applicant , noted he plans to go ahead with the sewer line and that he is aware that Council waived the two-year hook-up requirement for the other residents. Staff clarified to Mr . MacCorkle that if the Board does grant waivers it will likely preclude him from reimbursement for the cost of the extension. Mr . Jorgensen, City Atty. , noted that the ACSD Code limits reimbursement agreements to 15 years. Mr . MacCorkle expressed that perhaps a two-year reimbursement period is unreasonable and , in granting waivers, 5-7 years might be a more reasonable time period ; he favors looking forward to even- tual reimbursement as opposed to none. Mary Scrivner , adjacent property owner , appreciates Mr . MacCor- kle ' s building plans , expressing opposition, however , to six other families being required to pay for construction of the sewer . Mr . Sensibaugh emphasized that the two-year period (as a carry- over from the County and EPA regulations) is in place for the purpose of providing sewers to an area in need of it , not with respect to anyone ' s reimbursement or recovery. Lengthy discussion ensued regarding the issue of waivers and conditions thereof. Motion: By Director Bourbeau to approve Res. 21-ee, seconded by Director Mackey; passed unanimously by roll-call . Mr . Sensibaugh clarified that the applicant' s obligation under the annexation is the extension of the sewer line within a one-ye4r,, , period ; Mr . MacCorkle confirmed his understanding �� Motio ` �(BISirector Bourbeau to adopt staff recommendation • ° oy to grant requested waivers (Lots 39 40 41 42 r � 24 & 25) until such time as the on-site systems fail , but that the properties be required at the end of mandatory two years to show proof to the City that their septic systems have not failed by 11 Vv using normal testing procedures which routinely accompany the sale of a home, and that if such roof is not provided connection will be p p mandatory required . Motion seconded by Director Mackey; . passed by 4: 1 roll-call , with Director Handshy opposed . 6 COUNCIL RECESSED FOR A BREAK AT 9:35 P.M. MEETING CALLED BACK TO ORDER AT 9:50 P.M. 2. Proposed sewer annexation into Imp. Dist. #1 - Dewing A. Public Hearing B. Resolution 24-88 - Extension of public sewer service to Lot 30, Block IB (Violetta Ave. ) and incorporation of the lot into the boundaries of Imp. Dist. #1 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report ; he read a letter protesting mandatory connection to the sewer received from the owner of Lot 44 (adjacent to the proposed sewer line exten- sion) . Public Comment Al Ferris, Lot 44 owner , expressed his main objection to manda- tory hook-up is due to earlier denied request to do so . He noted that Violetta is not a City-maintained street . Jim Dewing , applicant , noted he intends to take responsibility for cost of the sewer extension but feels persons hooking up to it should contribute and that no one should be forced to hook up . Motion: By Director Borgeson to adopt Res. 24-88, seconded by Director Mackey; passed unanimously by roll call . The Board discussed consideration of relief to adjacent property owners. Mr . Sensibaugh noted an ACSD Code change (eff. July ' 86) which no longer disallowed persons from hooking up if the ACSD boundary line went down the center of the street ( relative to Mr . Ferris ' s comments, above) . Motion: By Director Borgeson that the Board grant the re- quested waiver (Lot 44) until such time as the on-site system fails, but that the property be required at the end of the mandatory two years to show proof to the City that his septic system has not failed by using normal testing procedures which routinely accompanies the sale of a home, and if proof is not shown that mandatory connec- tion to the City sewer system shall be required . Motion seconded by Director Bourbeau; passed by 4: 1 roll-call , with Director Handshy opposed . i 7 3. Award of Proposal for Sewer Master Plan to CH2M Hill for $24,900 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report and responded to questions to Council . There was no public comment . Motion: By Director Mackey that the Board award the Sewer Master Plan to CH2M Hill in an amount not to exceed $24,900 and direct staff to bring back a contract at the next regular meeting , seconded by Director Bourbeau; passed unanimously by roll- call . Motion: By Director Borgeson that the Board adjourn and reconvene as the City Council , seconded by Direc- tor Bourbeau; passed unanimously. D. UNFINISHED BUSINESS 1 . Comprehensive rewrite of City Building Codes A. Ordinance 166 - Amendment of Building Regulations to the Atas. Muni . Code and adoption, by reference, the Uniform Administrative Code, 1985 Edition (SECOND AND FINAL READING) (Cont'd from 2/9/88) Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 166 by title only, seconded by Councilwoman Borgeson; passed unanimously. Mayor Norris read Ord . 166 by title. Motion: By Councilman Handshy to adopt Ord. 166, seconded by Councilwoman Mackey; passed unanimously by roll-call. Motion: By Councilwoman Borgeson to direct the Commun. Devel . Dir . to publish a summary of the amendment pursuant to Govt . Code Sec . 36933, seconded by Councilman Bourbeau; passed unanimously. 2. Proposed City/School District Joint Use of Facilities Joint Powers Agreement (Cont 'd from 1/26/88 Council Agenda) Mr . Best , Parks & Rec . Dir . , gave staff report and responded to questions from Council . 8 Public Comment Sarah Gronstrand , noted the proposed Agreement , Pg . 1 , should refer to Chap . 10 (not Chap . b) . She hopes the City does not become involved in adult education due to inexpertise in this area. She is opposed to structured lunch periods referenced in the agreement . Larry Sherwin, Atas. Little League, expressed great concern that nowhere in the JPA are non-profit youth organizations mentioned , noting that they represent approx . 4,000 children; they had a representative on the JPA who was asked to leave and the indi- vidual to have replaced him has moved out of the State. Jim Gibbons , Atas. Babe Ruth , expressed comments similar to the previous speaker ; also feels costs should be specifically ad- dressed . Karen Sorensen, NCYC Boardmember , expressed comments similar to the previous two speakers; also referenced Item # ' s 6-7, Pg . b of the agreement , wondering who will repair damaged equipment . She urged Council to assure an agreement that serves the interests of Atascadero children. John Harris , Vice-Churn. Parks & Rec . Commission, expressed sup- port for the proposed JPA. Vic Smart , V.P. Atas . Little League Minor League Divn. , proposed an amendment to the wording in the agreement to include youth organizations as part of the commissions to decide the usage of the fields; he feels this would eliminate the ongoing "conflict of interest" between all concerned . La Dona Nolan, Parks & Rec . Commissioner , spoke in support of the JPA, noting that youth were the committee ' s #1 priority in dev- eloping the proposed agreement . She also noted that Little League representatives were invited to participate in the committee meetings. Kathy Trost , concerned parent , expressed the need for a super- vised recreation hall . Lengthy Council discussion ensued relating to public concerns expressed . Motion: By Councilman Bourbeau to continue the meeting past 11 :00 p .m. , seconded by Councilwoman Mackey; passed 4 : 1 , with Councilman Handshy opposed . Motion: By Councilman Bourbeau to approve the JPA with the AUSD as presented , with direction to staff to report on the progress and function of the JPA at 9 one year , seconded by Councilwoman Mackey; passed by 4: 1 roll-call , with Mayor Norris opposed . COUNCILMAN HANDSITY LEFT THE MEETING AT THIS TIME. 3. Authorization to begin recruitment process for an Admini- strative Services Director position (Cont 'd from 2/9/88) Mr . Shelton, City Mgr . , gave staff report and discussion with Council followed . There was no public comment . Council consensus was to wait for the new City Manager ' s input on recruitment for this position. (Note: Handshy absent ) E. NEW BUSINESS 1 . Resolution 16-88 - Increasing the speed limit on ECR in the southbound lanes, between San Jacinto and Rosario Avenues (Cont 'd from 2/9/88) Mr . Sensibaugh , Pub . Wks . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to adopt Res. 16-88, seconded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . 2. Resolution 22-88 - Proposed acceptance of Corriente Rd. into the City of Atascadero 's maintained street system - Davis (Cont ' d from 2/9/88) Mr . Sensibaugh , Pub . Wks . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to adopt Res. 22-88, sec- onded by Councilwoman Borgeson; passed by 4:0 roll-call , with Councilman Handshy absent . 3. Resolution 19-88 - Designation of a stop intersection on Atascadero Ave. at Santa Ynez Ave. (Cont 'd from 2/9/88 Mr . Sensibaugh , Pub . Wks. Dir . , gave staff report and responded to questions from Council . There was no public comment . Motion: By Councilwoman Mackey to approve Res. 19-88, with direction to staff to refer consideration of a 4- way stop at same intersection to the Traffic Committee, seconded by Councilwoman Borgeson; 10 r passed by 4:0 roll-call , with Councilman Handshy absent . 4. Proposed Zoning Text amendment to require conditional use permit hearings for certain large-scale projects Mr . Engen, Commun. Dev. Dir . , gave staff report . Public Comment Jim Herman, resident , expressed that 20-25 units on residential property is in excess , and he supports 12 units; feels 10,000 sq . ft . on commercial buildings is acceptable. Motion: By Councilwoman Borgeson to direct . staff to initiate a zoning amendment that would serve to modify the Zoning Ord . provisions for precise plan and conditional use permit approvals to require conditional use permits for the following scale projects: Multi-family residential , 12 units; Commercial/Industrial , 10,000 sq . ft . gross floor area or outdoor storage area. Motion seconded by Councilwoman Mackey; passed by 4:0 roll-call , with Councilman Handshy absent . 5. Request by Vineyard Christian Fellowship for City Council to initiate a zoning text amendment to permit churches in the Commercial Park Zone Mr . Engen, Commun. Dev. Dir . , gave staff report and responded to questions from Council . Public Comment Chris Zillig , representing Vineyard Christian Fellowship , spoke in support of this proposal . Robert Nimmo , 7375 Bella Vista, noted that the E.R.A. preliminary study suggested possible conversion of excess commercial land to high density housing , to which he objects. Also , noting that there is often objection to churches locating to residential areas, he expressed support for this proposal . Al Ferris , resident , expressed that he has observed this type of use in other areas as beneficial . Motion: By Councilwoman Borgeson to initiate a zoning text amendment to enable establishment of churches as an interim use in CS and CPK zoning districts and direct staff to prepare a report for public hear- 11 ing before the Plan. Commission and bring their recommendation back to the City Council . Motion seconded by Councilman Bourbeau; passed 4:0, with Councilman Handshy absent . 6. Council consideration regarding location of Regional Govern- ment Center Mr . Shelton, City Mgr . , gave staff report . Public Comment Robert Nimmo , as Chmn. of the Chamber of Commerce Economic Devel- opment Committee, spoke in support of this proposal and feels Atascadero has a number of locations that would meet the County ' s criteria for such a center , in addition to our size, geographic location and equity. He noted his suggestion one year ago to Supvr . Diefenderfer to decentralize some of the County offices after his having expressed frustration over the high rent and potential construction cost for additional office space in S.L.O. Sharon Morin, resident , read a letter she submitted to the editor in response to this issue; she strongly supports this proposal , urging all citizens of Atascadero to unite in an all-inclusive coalition (regardless of stances on growth issues ) to lobby Council and the County Board of Supvrs. to get this center in Atascadero . Council consensus was to concur with staff recommendation to direct a letter be written in behalf of the Council to the County Board of Supvrs. requesting strong consideration be given to locating the County Govt . Center in Atas. , and that the City desires to be kept fully informed and to have the opportunity to express our interests during the process of site selection. F. INDIVIDUAL DETERMINATION City Council - Councilwoman Mackey relayed , regarding the cor- rection on Item A-2, Minutes of 2/9/88, that Mr . Handshy expressed that he was present for the vote. Mayor Norris congratulated Dan Stevens of the Telegram-Tribune on the recent birth of a daughter . MEETING ADJOURNED AT 12:20 A.M. TO THE NEXT REGULAR MEETING, WHICH COMMENCES AT 6:30 P.M. MINUTES RECORDED BY: _ PREPARED BY: BOYD C. SHARITZ, City Clerk CINDY WILKINS, Dep . Clerk 12 MEOETI 4LL AGEMA M E M O R A N D U M TO: City Council March 8, 1988 VIA: Michael ' Shelton, City ManagerA_� . FROM: Henry Engen, Community Development Director RE Tentative Parcel Map 44-87 1909 Traffic Way (Cuesta Engineering) BACKGROUND: At their regular meeting of February 16, 1988, the Planning Commis- sion held a` public hearing on the above-referenced parcel map. After discussion, the Planning Commission voted unanimously to recommend approval subject to staff findings and conditions of the attached staff report. RECOMMENDATION: Approve Tentative Parcel Map 44-87 per Planning Commission recommen- dation. HE:ph Attachments: Staff Report - February 16, 1988 Minutes Excerpt CITY OF ATASCADERO Item: B.2 • STAFF REPORT FOR: Planning Commission Meeting Date: Feb. 16, 1988 BY: Joel Moses, Associate Planner File No: TPM 44-87 SUBJECT• Tentative Parcel Map 44-87 to subdivide a. 7.27 acre parcel into three parcels containing 2.61, 2. 5 and 2.61 acres. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . .. .James Johnson 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 1909 Traffic Way 4. Legal Descriptio n. . . . . . . . . . . .Lt. l, B1k.49, Atas. Col. S. Site Area. . . . . . . . . . . . . . . . . . . .7.72 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (ResidentialSuburban) 7. General Plan Designation. . . . .Suburban Single Family 8. Existing Use. . . . . . . . . . . . . . . One single family home 9. Environmental Status. . . . . . . . .Negative Declaration posted Feb. 1, 1988 B. A14ALYSIS The applicant proposes the subdivision of an existing lot containing 7. 72 acres into three parcels containing 2. 61, 2.5 and 2. 61 acres. The subject property is located in the RS (Residential Suburban) zone. Minimum lot size in this zone ranges between 2.5 and 10 acres depending upon the "score" of various performance standards. For this site, the minimum lot size criteria are: Distance from center (12,000 to 14,000) 0.40 Septic Suitability (below 20 min./inch) 0.50 Average Slope (0-10% slope) 0.50 Access Condition (City accepted Road) 0. 40 General Neighborhood character 0.57 Minimum Lot size 2.37 acres The proposed lot sizes of 2. 5 and 2. 61 acres are larger than the 2. 37 minimum set by the ordinance, and 2. 5 acres set by the General Plan. Comments were received from several outside agencies. Southern California Gas Company notes that the site can be served from two gas lines in the area. Service can be provided without significant environmental impact from these lines. If service is extended all mains will need to be in the Public Right of Way or in easements. The City Building Division has noted no concerns about the proposed subdivision. The Fire Department has expressed concern about the use of the street name of Obispo Road becuse it does not connect to the other section of Obispo Road. The Regional Office of Archeological Site Survey noted that a site survey was needed. A survey has been finished with no archeological artifacts found on the site. The Public Works Department has noted the need for standard development of the property' s frontage on both Traffic Way and Obispo Road. Also noted was that Obispo Road can and will be required to be connected to the other section of Obispo Road. This resolved the Fire Departments concern about the development of a disconnected street with the same name. In reviewing the site the Planning Division noted several items. The existing driveway access point is not in conformance with City Standards. City standards require that the access be relocated to be 50 '-0" from the nearest street intersection . (Sec. 9-4. 117 (3) (1) ) . The map shows two existing wells on the site. It has not been determined if the wells are in use or have been capped. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 44- 87 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval JM/jm wI EXHIBIT A - LOCATION MAP CITY Tentative Parcel Ma 44-87 ��; :,•� :... . ��y OF ATASCADERO P �G 1tl7�� 1909 Traffic Way �ascw COMMUNITY DEVELOPMENT Johnson/Cuesta . DEPARTMENT Site 1909 Traffic Way ' TPM 44-87 Johnson/Cuesta �- P( F 90 FEAR«AAL t TA Y ` s o � g 1 R S RS Y F. 6 W� p\0 2 / Mi Vo � Sc �+qf, T sh o� � $ C h � o % Z p, / m z �o t 0 XHIBIT B - TENT. MAP Tentative Parcel Map 44-87 CITY 1909 Traffic Way OF ATASCADERO Johnson/Cuesta COMMUNITY DEVELOPMENT DEPARTMENT i . w �- r',yr z e �•N�,f'S lLrr.✓i[,ifr . L-7 1EIM X7 LY y } a. +\...,k. Y k L,eY+-�A'.YLV•+�na.��:�`i'�t1��+ µ.:^.'�'.�Y EXHIBIT C - Findings for Approval Tentative Parcel Map 44-87 • 1909 Traffic Way (Johnson/Cuesta) February/b, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation , densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements,will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The proposed project is in compliance with the City of Atascadero' s Appearance Review Manual Guidelines. JM/jm EXHIBIT D - Conditions of Approval Tentative Parcel Map 44-87 1909 Traffic Way (Johnson/Cuesta) February /6, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel and extended the length of the property frontage along Obispo Road, prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 5. 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 appear on the Final Map. 6. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 7. Road improvement plans including drainage improvements prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, which ever comes first. Plans shall include, but not limited to a. Obispo Road: Design shall meet all City development standards for a Private Road 16 ' -0" wide paved surface with 2 '-0" shoulders. Plans shall include measures to preserve and protect existing trees on the site and in the Public right-of-way, as approved by the Community Development and Public Works Departments. 8. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 9. Address identification signs shall be approved as a part of the issuance of building permits. The signs shall contain 4" (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the drive way and shall be placed so as not to affect the visibility of the intersection. 10. Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be completed or bonded for prior the final building inspection or the recording of the final map. 11. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Obispo Road & Traffic Way Limits: centerline to edge of Right-of-Way Minimum Width: 40 ' -0" Right-of-Way 12. Offer for dedication to the Public for Public Utility Easements on all street frontages, minimum of 6 '-0" in width. 13. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 14. Existing driveway on Traffic Way shall be relocated to be in conformance with City Standards (minimum 50 '-0"from the intersection) . 15. All unused water wells shall be capped in conformance with Health Department Standards and Codes. 16. Trailer on parcel 3 shall be removed in conformance with City Codes prior to the recording of the final map. 17. A final map 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 the recording of the final map. f 0 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 the corners have been set or will be set by a specific date 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. 18. 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. JM/jm Minu - Planning Commission - February 16 , 1988 Commission d>be then centered on whether _ the her age tree re moval woulur some to be undertaken by ' y Council, noting that upwards of two hundre single family permi per year could be issued, many of which wou have to go to a Council if a heritage tree were to be removed. Consensus was t this matter could be del- egated by the City Council to staff or thers if they so desired. Commissioner Bond noted that the uage could read, "as City Coun- cil, or designee". MOTION: Made by Comm' ioner Bond, sec ded by Commissioner Copelan carried unanimously o recommend adoption of the ree ordinance with modificat ' ns as contained in a January 28, 1988 discussion d as developed consensus of the Commission at today' s m ting. Staff directed to incorporate said changes for final re 'ew on th next Planning Commission Consent Calendar prior to forwardi to e City Council. 2. TENTATIVE PARCEL MAP 44-87 : Request initiated by James Johnson (Cuesta Engineering) to sub- divide a 7.72 acre parcel into three (3) parcels containing 2.61, 2.5 and 2.61 acres. Subject site is located at 1909 Traffic Way; legal description being Lot 1, Block 49 of Atascadero Colony. Joel Moses presented the staff report recommending approval subject to l eighteen (18) conditions. He clarified that Obispo Road improvements could be delayed pending the development of parcels in the interior of the block. John Falkenstein, the applicant' s engineer , expressed con- cerns over Conditions No. 7 and 8 pertaining to improvements to Obispo Road and advised that Paul Sensibaugh had stated that he would inter- pret the bonding requirement as allowing a filing of a lien. MOTION: Made by Commissioner Kidwell, seconded by Commissioner Copelan and carried unanimously to approve Tentative Parcel Map 44-87 subject to staff findings and condi- tions. 3. TENTATIVk-P-ARCEL MAP 46-87 : Request initiated by Diana & Bryce Blue and Kamm & n Partner- ship (Cuesta Engineering) to subdivide two (2 xisting lots to- taling 13. 05 acres int three (3) lots of , 4. 42, 4. 21 acres for residential development. Subj site is located at 11755 Santa Ana; legal description 1i-ng t 26, Block 27 of Atascadero Colony. Joel Moses presented the st report and arified that the lot size on the 4.21 acre parcel mplied with minimumot size standards under approval of an earli parcel map. Staff recommendation was for ap- proval subject t indings and eighteen condition of approval. John Falk stien, applicant' s engineer , expressed one n g ► p ssed c over guaran- teein uture improvements of Corriente Road, which is ow a paper street. He noted that the location is remote, that relat d lots have ternate access and that the area is actually a very steep drainage MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager AA - ii From: _Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : _ _Purchase. of Surveying-Engineering Vehicle Date : February 29, 1988 I Recommendation: Staff recommendsthat Council adopt Resolution 26-88 and authorize staff to purchase a Jeep Cherokee' from the State of California Department of General Services bid award for that vehicle . Background: The above item was authorized in the current budget. Staff has checked local costs for the Jeep Cherokee, Chevy Blazer, Dodge Ramcharger and several vans. The Jeep was not be expected to be the lowest cost of the alternatives but is the lowest bid under the State 's bid package . The State' s bid is also lower than all estimates provided by all the local dealers for all vehicles considered. Discussion: The Engineering Division is looking for a 'dependable vehicle that can be used over the road and off the road as well . The vehicle must be durable yet suitable for out of town trips'. The rear of the interior' must be retrofitted at the least cost to provide for the safe and "secure transport and storage of thousands of dollars worth of surveying equipment as well as common equipment such as lath, wooden stakes and iron pins, etc . The vehicle will be a white color, 4-wheel drive, 6-cylinder manual transmission vehicle with full gauges, undercoating, radio and tow package. The attached resolution needs to be adopted only once annually to allow the City to utilize the services of the State for the entire year, Fiscal Impact : The cost of the purchase is approximately $12,800. Additional costs will be incurred _ to provide hangers, bins and warning devices for the vehicle . The budget amount is $15,000 for the above purposes. The actual dealer cost of the same vehicle to the local dealer exceeded the $15, 000 budget • RESOLUTION NO. 26-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Be it resolved that the City Council of 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 pursuant to Section 14814, Government Code, and that 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. I hereby certify that the foregoing is a true and correct copy of the resolution duly and regularly adopted by the City Council of the City of Atascadero at a meeting thereof held on the 8th day of March, 1988, and that the same now appears of record in my office. In witness therof, I have hereunto set my hand and affixed my official seal this 8th day of March, 1988. On motion by Council Member and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO BOYD C. SHARITZ BARBARA NORRIS City Clerk Mayor APPROVED AS TO CONTENT APPROVED AS TO FORM: PAUL M. SENSIBAUGH V JEFFREY G. JORGENSEN Director of Public Works City Attorney AGETA ..:DAT M E M O R A N D U M TO: City Council March 8,, 1988 VIA: Michael Shelton, City Manager ," FROM: Henry Engen, Community Development Director SUBJECT: Request for Waiver of Development Impact Tax and Fees (Escuela Del Rio, Atascadero Committee for Education) (5940 Rosario) BACKGROUND: Staff has received a letter from Sherry Fontan; Atascadero Committee for Education, for a waiver of the fees called forunder Ordinance No. ill, Development Mitigation Tax (.50 cent tax) and Ordinance No. 119, Development Impact Fees (see attached correspondence) . She is also seeking relief from the school development fees, but this `would, be a matter they would have to pursue with the School Board. As stated; in their letter, they feel that they would be eligible for an exception pursuant to Section 3-7.10 of the Municipal Code (see attached 'ex- cerpt) ANALYSIS: The exception section noted above is contained in Ordinance No. ill and referenced in Ordinance 119. Subsection (h) of the section on exceptions appears to providethe Council the latitude to consider granting an exception. This subsection reads as follows: " (h) The construction of any building by the City of Atascadero, or the United States or any department or agency thereof, or by the State of California or any department, agency or political sub-division > thereof, or any residential development where the City Council finds there are specific over-riding fiscal, eco- nomic, social or environmental factors benefiting the City which - in the soul judgment of the City Council, would justify the ap- proval of such development without the payment of said tax." The project that is being proposed is an addition ,to Escuela Del Rio, which has beenapprovedby a conditional use permit. Their building permit application has received a one ,time only ;extension until April X23, 1988. The project is an addition comprising some 4,744 square feet of floor area involving a multi-purpose room, classrooms, and storage space. The resultant development fees are $2,372.00 under Ordinance No 111, and $7,196.64 under Ordinance No. 119, for a total development fee of $9,568.64. Although the request for waiver notes thattheCity has identified the project as a commercial project, that' s for purposes of building code/fee resolution rates. In terms of the Zoning Ordinance, the use is a permitted use in the multi- family residential zone. STAFF RECOMMENDATION: Staff believes that the Council could make the finding that there are "over-riding economic, social or environmental factors benefiting the City " in support of the request for a waiver of fee. HE:ph Encl: February, 10, 1988 Communication Sherry Fontan, ACE Ordinance No. 111 Excerpt - Section 3-7.10, Exceptions cc: Sherry, Fontan Jack Stinchfield February 10, 1988 Mr. Henry Engen, Planning Director City of Atascadero P. O. Box 747 Atascadero, CA. 93423 Re: Building Permit #4655 Dear Mr. Engen: The Atascadero Committee for Education (Escuela del Rio) would like to apply for a waiver of Ordinance 111 Development Mitigation Tax, Ordinance 119 Development Impact Fees and Ordinance 107 School Devel- opment Fees for its addition to its site at 5940 Rosario. We feel this project meets the criteria for exceptions from these taxes as • listed in the Atascadero Municipal Code, Section 3-7.10 because: 1. The Atascadero Committee for Education can be considered a subdivision of the State of California because we receive state funds to operate programs for the devel- opmentally disabled. 2. The Atascadero Committee for Education provides a vital service to the City of Atascadero by providing daily year round educational and vocational programs for many of its handicapped citizens. 3. Ordinance 107 refers to residential development only. The Planning Department has classified this project as commercial. If you have any questions or need further information, please feel free to contact either myself or Jack Stinchfield at 466-0111. Thank you for your consideration of this matter. Sincerely, Atascadero Committee for Education, Inc. Sherry Fo . RECE1VEt� FEB 28 Executive irector Atascadero Committee for Education 9 Drawer 6007, Atascadero, California 93423 9 (805) 466-4438 3-7.08 Refunds. If a building permit approval is vacated or voided and if the applicant so requests in writing,there shall be a refund of �f the entire tax paid. In the event that subsequent to the application for building permit and payment of the tax therefore, it is determined that there is less square footage of the gross building area than was previously determined, a refund shall be made of such excess amounts as the Building Official shall determine. 3-7.09 Disposition of Proceeds. Funds from this tax shall be placed in the General Fund and shall be available for general governmental purposes. Decision on the expenditure of such funds shall be made by the City Council in the context of approval of the City' s annual oper- ating and capital improvement budget or at such other time as the Council may direct. 3-7. 10 Exceptions. There is excepted from the tax imposed by this Chapter the following.-- (a) ollowing:(a) The construction of a building or structure or mobile home which is a replacement for building or mobile home being demol- ished or moved to outside the City from the same lot or parcel of land. The exception shall equal but not exceed the tax which would be payable hereunder if the building or mobile home being replaced were being ` newly constructed. If the tax imposed on the new building ex- ceeds the amount of this exception, such excess shall be paid; (b) Accessory buildings or structures in planned develop- ments, multi-family or mobile home parks, such as a clubhouse, swim- ming pool, or laundry facility; (c) Buildings or structures which are "clearly accessory to . a principal use" such as fences, pools, patios, parking P P � P ng spaces, garages, residential accessory buildings (except guest houses) , and agricultural accessory buildings as outlined in Title 9; (d) Any person when imposition of such tax upon that person would be in violation of the Constitution and the laws of the State of California, County of San Luis Obispo, or City of Atascadero; (e) A condominium project converting an existing multi-fam- ily building into condominiums where no new dwellings are added or created; (f) Any rebuilding of a structure destroyed or damaged by fire; explosition, act of God or other accident or catastrophe, which rebuilding does not increase the original gross building area. If such increase does occur , the increase shall be subject to the tax rate as imposed by this Chapter ; (g) Any rebuilding of -a historical building recognized, acknowledged, and designated as such by the City Planning Commission or City Council; 4 • (h) The construction of any building by the City of Atasca- dero, or the United States or any Department or Agency thereof, or by the State of California or any Department, Agency or Political Subdi- vision thereof, or a__nyy residential development where the City Council finds there are s ecic over-riding fiscal. economic, social or en- vironmental factors"benefitting the City which, in the sole judgement of`t e 1ty ouncil, would justify the approval of such development WiEfiout 77e__ payment of said tax. 3-7.11 Construction Prohibited. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the City, or attempt to do so, or cause the same to be done, without first paying the tax imposed by this Chapter. 3-7.12 Tax Liabilitv; Enforcement. The taxes imposed by Chap- ter Cha - ter at the time of application for a building permit are due from the person by or on behalf of whom a residential or non-residential build- ing or mobile home space is constructed, whether such person is the owner or a Lessee of the land upon which the construction is to occur, The Community Development Director shall collect the tax due here- under . The full amount due under this Chapter shall constitute a debt to the City of Atascadero. An action for the collection thereof may be commenced in the name of the City in any Court having jurisdiction of the cause. The City Manager shall be responsible for the adminis- tration and enforcement of this Chapter. His decisions may be ap- pealed to the City Council whose decision shall be final. 3-7 .13 Effective Date. The taxes imposed by this Chapter shall be applicable with respect to building permits for construction activi- ties, applied for on or after Octber 1, 1985. 3-7. 14 Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a Court of competent jurisdiction, such decision shall not effect the validity or remaining portions of this Chapter. Section 2. Publication. The City Clerk shall cause this Ordinance to be published twice within thirty (30) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this City in accordance with Government Code Section 36933 ; shall certify the adoption of this Ordinance ; and shall cause this Ordinance and certification to be entered in the Book of Ordinances of this City. 5 M E M 0 R A "t•! D U M TO: City Council Members /{ FROM: Michael Shelton , City Manager A . SUBJECT: Interim Administrative Services Director DATE: March 8, 1988 Recommendation Authorize Mayor to 'enter into agreement with John M . Bramble to provide contractual services as Interim Administrative Services Director . Background • City Council authorized , ,at your, February 9 , 1988 Council Meet- ing , the City ' s use of the League of California Cities Public Service Skills employment services to engageaninterim Admini - strativt`- Services Director . Staff interviewed three well - qualified individuals Wfor• the position and; recommends your appointment of :Jahn M . Bramble , Mr . Bramble provides the best mix of skills required for, this position . He :has extensive experience in budget preparation , finance , labor relations and interacting with Councils , staff and ` the public . His previous background positions include that of city manager , finance director ;and budget/management director . Responsibilities Among other, duties described in the agreement , Mr . Bramble will be responsible for, overseeing the budget production process, coordinating upcoming labor negotiations with six bargaining units , requesting proposals for auditing services , presenting to bargaining units and City Council research and analysis regarding an empl -yve assistance program, overseeing the new finance computer, implementation , working with the contract negotiator, on the compaction study , and following through' on Council direction r•egardin"g the mid year budget meeting . i Terms The agreement specifies commencement of employment on March 14 , 1988 , to continue until June 30 , 1988 . Upon mutual agreement , Council and Mr . Bramble may extend the agreement . Fiscal Impact Compensation is proposed at the same level budgeted for the Administrative Services Director position, plus nominal temporary living expenses , MBs/car (file :ASD2) JOHN M. BRAMBLE 10330 La Reina Downey, California 90241 (213) 869-5105 WORK EXPERIENCE A. UNIVERSITY OF SOUTHERN COLORADO - 1987 Part-time Professor The courses I have been teaching include both public administration and political science classes. The course titles are Public Policy Evaluation, Introduction to Public Administration, Political Parties and Public Opinion in Elections. B. CITY OF PUEBLO, COLORADO - April, 1984 to January, 1987 City Manager My responsibilities included the administration of the City 's 19 departments, serving as the Executive Director of the Pueblo Area Council of Governments organization. The City of Pueblo is a full-service community with a $39 million annual operational . budget to serve 100, 200 people, with a work force of 675 employees. -Involved in the City's economic attraction program which added seven new firms and 2200 new jobs to the local economy. -Instituted a staff development plan that provided for operationalaccountability and efficiency. C. CITY OF COMMERCE CITY, COLORADO - March 1981 to April 1984 City Manager Responsible for the supervision of the City's administrative operations and implementation of City Council policy actions. The City has seven operational departments with a total of 137 employees. The City has an annual budget of $7. 6 million to serve the 16, 500 evening/38, 000 daily residents of the City. In addition, my direct responsibilities included labor relations, budgeting, intergovernmental relations, economic development and annexation. -Coordinated the City's economic attraction and redevelopment programs which strengthened the City 's economic base and added new employment opportunities. -Developed a management performance appraisal system which instituted operational accountability. -Assisted the City Council develop a set of City Goals and Objectives which aided in improving Council-staff relations. JOHN M. BRAMBLE page two . D. CITY OF BELMONT, CALIFORNIA - January, 1979 to March, 1981 Assistant City Manager/Finance Director Responsible for the supervision and direction of all support functions, financial administration, data processing, budgeting, labor negotiations, risk management, purchasing, personnel administration, program analysis, business licensing and automotive services. Oversaw the daily administration of the eight operational departments which had a total of 150 employees with an annual budget of $5. 6 million to serve 26, 500 residents. -Assisted in the consolidation of the City of Belmont and City of San Carlos fire departments. Implemented a program-performance budgeting system to provide operational accountability for City Council. E. CITY OF LAS VEGAS, NEVADA - January 1975 to January 1979 Director of Budget and Management Services - (7/77 to 1/79) As a member of the City Manager's executive staff, I was responsible for policy analysis, legislative research, budget preparation and monitoring, organizational analysis, federal grant writing and coordination and preparation of the City's Capital Improvement Budget. Supervised 21 professional staff that was responsible for the City's $50 million operational budget to serve 165, 000 residents. Management Analyst - Department of Community Development - ( 1/75 to 7/77) Assisted in the preparation and planning of the City's General Plan. Coordinated the development of two neighborhood comprehensive plans as part of a HUD 701 pilot project. Directed five professional staff members in the preparation of the city's Community Development Block Grant applications, conducted all outside agency financial reviews and audits of financial records and directed the City's housing rehabilitation program. F. PRIVATE SECTOR EXPERIENCE - January, 1973 to December 1974 During this two year period I worked for two consulting firms: Abt Associates, Inc. and Netz, Rodgers and Associates. The projects that I was involved in were the planning and design of the Section 8 Housing Program and conducting Enviromental Impact Statements of developers in the State of California. JOHN M. BRAMBLE page three G. CITY OF SALEM, OREGON - October, 1969 to January 1973 Administrative Assistant Urban Renewal Agency Supervised the Administrative Division which was responsible for the financial administration of all grant funds, personnel functions, purchasing and planning the tax increment financing programs. Also assisted in the preparation of grant applications. Administrative Assistant - Department of Public Works Supervised the Accounting and Building Permits Division staff of three. We were responsible for program analysis, the departments budget preparation, purchasing and the issuance of building permits. EDUCATION B. S. - Oregon State University (Economics) -1969 M. P. A. - University of Nevada, Las Vegas -1978 HONORS AND PAST ACTIVITIES -Listed in WHO'S WHO IN THE WEST, 1985-1986 -Chairman of Adams County Jail Sales Tax Task Force - 1923 -Metro Manager's Association - President - 1983 -California Municipal Finance Officers Association -Executive Board Member - Colorado Municipal League 1983-1984 -Chairman - Chief Administrative Officers - Denver Regional Council of Governments PROFESSIONAL AND CIVIC ORGANIZATIONS International City Management Association - Full Member -Government Finance Officers Association -Rotary Club -Colorado City Manager 's Association - President Elect 1986 PERSONAL DATA Age: 41 Date of Birth: 5-3-46 Place of Birth: Vancouver, Washington Social Security No. 541-52-0302 Married two children CONTRACT OF EMPLOYMENT INTERIM ADMINISTRATIVE SERVICES DIRECTOR THIS CONTRACT is entered into by and between the CITY OF ATASCADERO, State of California , ( her,ei nafter• ) r,efer,r•Wd to as "City" , and John M . Bramble as a Contract Person ( hereinafter ) r,eter•r,ed to as "Cont r,actor,11 . WITNESSETH : WHEREAS , the City of Atascadero desires to hire a person to fi 1 1 , on an i nter•im basis , the job classification of Admi ni str•a- ti ve Ser,vi ces Di rector, ; and WHEREAS , Contractor, is qualified to per•for•m such services for, the City . NOW, THEREFORE , 'the parties do mutually agree as follows : 1 . Employment . City hereby engages Contractor, and Contr actor, Irer kay agrees to perform for, City the services es n.after, set forth for, the compensation her•ei nafter, set forth , all pur•suant to the terms and conditions herein . � . SCOpe Of Service . Pursuant to this Contract , Contr'actor' shall provide to the City services or,di nar•i 1 y per•for,med by the Admi ni str,ati ve Ser,vices Ci rector, position . Contractor, shall accomplish •:a var,i ety of technical and pr,ofessi oval tasks r-elated to personnel , finance and data processing , including budget pr•epar•ati on , data pr•ocessi ng system implementation , coor•di nate w t Ci t I s l abor, negotiator, , supervise F nonce Department , coor,di nate outside independent auditing servi cis , per•far•m budgeting acid purchasing control , provide finance .and personnel assistance to City departments , and per,for•m other, duties as generally deacr,ibed in Attachment "All . In pr•epar•ati on of Ci t,, of Atascader,o Fiscal Year, 1988/89 Budgel , Contr,actor• shat l commence w t budget r•-esponsi b i l i ti -s i n accor,dcince with budget cal enclar, schedule and �,1�•al 1 avdrsee budget prep•ar,at i on , under, :3UPervi ;ion of City Manager, , through adoption by City Council . Contr•.actor• s1)a 1 1 per,for•m said ser,v i ces and such other, tasks as may be n-signed by -the City Planager, under the 3Uper•vi s on and ontr(D1 of trr C i t Man•rger, c.r, h i s r,epresentati v . 3 . Contractor Status . _ Contractor, understands and agrees that he is not , and wi11 not be , eligible tor, membership in or =,ny benefits from any City group plan for hospital , surgical or, medical -i nsur•ance , or, for, niember•ship in any City r•eti r•ement 1 program, or' for' paid holidays , vacation , sick leave , or, other, leave , with or, +,ti thout pay , or, any other' job benefits accruable to an empl ogee i n the service of the Ci ty , i n c 1 u d i ng wor,ker ' :. compensation . Contractor understands ,and agrees that his term of service is governed by this Contract , that no right of tenure is created hereby , ,and !le doe's not hold a position in any department or, office of the City , and that his service to the City under' this Contract is governed .sol :. l y .and in all respects by the term of this Contract . 4 . Warranty of Contractor . Contractor warrants that he is qualified to provide the services herein agreed to. 5 . Compensation. City shall pay to Contractor as compen- sation in full for, all services per'for'med by Contractor pursuant to this Contract the :gum of $24 . 00 per, hour' . Additionally , the City shall pay a lump sum of $850 . 00 per, month per, diem expense . Contractor shal 1 be reimbursed for" personal , out-of--pocket expense for, meeting attendance in accordance with City policy . Claims for, all compensation and expenses shall be submitted by Cpntr'actar ��reekl y . Payments !ay the City shall be made in accor- • dance with established City pr'ocedur'es on a weekly basis to coincide with the City ' s accounts payable billing cycle . G . Termination of Contract for Convenience . Either' party may terminate this Contract at .any ti me by giving to the other, p'ar'ty thirty ( 30) cal endar days wr,i t t e n notice of such termination specifying the effective date of such termination . Termination sh;a l l have no effect upon the rights ,and obligations of the parties ..ori si ng out of •°corny termination occurring prior to the effective date of such termination . Contractor sha f 1 be paid for, :_�rl 1 work satisfactorily completed prior to the effective date of such termination . 7 . Termination of Contract for Cause . If Contractor fails to fulfill , -in a timely and professional manner , his obligations under, this Contract , or, if Contractor' shall violate a,ny of the terms or, provisions of this Contract , City shall have the right to t r'mi nate: his Contract effective immediately upon the City ' giving ten ( 10 ) calendar, days written notice thereof to Contrac- tor, . Te=:r'mination shall have: no effect upon the rights and obligations of the parties arising out of any transaction occur,- ring prior, to the effective dat,_� of such termination . Contr'actor shall be paid for, a1 1 work satisfactorily completed , as deter- minid by City , prior to the _effective date of such ter'mi na ti on . . 8 . Modification . This Contract constitutes the entire understanding of the parties her'e'to and no changes , amendments , or, alterations, shall be effective unless in writing and signed by both parties . 2 Q . Non-Assignment f Contract . This Contract is intended to seoure the individual servfoes of the Contractor . Any attempt by Contractor to assign , transfer , dele-gate or, sublet this Con- tract , or any interest therein , withOut the City / s prior written consent shall cause, this Contract to be null and void . 10 , Covenant . The validity , enforceability and inter- pretation of any of the olausea of this Contract shall be determined and governed by the laws of the State of California , 11 , Enforceability . The -invalidity and unenforceability of any terms or, provisions hereof shall in no way affect the vali - dity or, eoforoeabili ty of any other, terms or, provfsion3 . 12 , Actions . In the event of any action or, suit upon this Contract , ~` ^'' parties shall be entitled to receive reasonable attorney ' s fees and costs . It is agreed that any breach of this Contract by the Contractor shall entitle the City to apply to any court of competent jurisdiction to enjoin any violation , threat- ened or, actual , of the Contract . 13 . Nondiscrimination . There shall be no discrimination against any person employed pursuant to this Contract in any manner, forbidden by law. 14 . Conflicts of Interest . No office , employee , director or, agent of the City shall participate In any decision relating to this Contract ' which affeuts hfo personal interest or, the interest of any corporation , partnership or, association -in which he is dfreot7y or indirectly interested , nor, shall any such per-son have any interest , direct or indirect , 'in this Contract or the provisions thereof . 15 . Term. City agrees to .provide a maximum of 40 hours contract employrne.nt per week . Contraotor agrees to provide a mimimum of 32 hours contract employment per, week . The term of this Contract shall be for a period commencing March 8 , 1988 , and shall continue unti | June ]O , 198O , or as extended by mutual agreement of the parties , IN '4ITNESS WHEREOF , City and Contractor have executed this Contract on the day and year, hereinabove set forth . CITY OFATASCADERO BARBARA N-ORRIS , Mayor 3 ATTEST: BOYD C . SHARITZ , wi t '1 -r,k APPROVED AS TO FORM : JEFFREY G . J,3RGENSEN , City Attorney APPROVED AS TO CONTENT: CONTRACTOR : MICHAEL SHEIISN , City Manager, JOHN M . BRAMBLE , Contr•act_or• • • 4 ATTACHMENT "A" CITY OF ATASCADERO JANUARY 1986 CLASS TITLE: DIRECTOR OF ADMINISTRATIVE SERVICES GENERAL STATEMENT OF DUTIES: Under general direction of the City Manager; manages, directs and supervises the Administrative Services Department staff including functions in the fields of Performance Basis Program Budget, Per- sonnel, Risk Management, Data Processing, Financial Operations, and serves as Finance Director . EXAMPLES OF DUTIES PERFORMED: (The examples listed do not include all the duties to be performed. ) Directs and participates in the development and implementation of program goals, objectives, policies and priorities. Formulates departmental rules, procedures and policies and sees that they are carried out. Serves as staff to the City Council, in finance, risk management, personnel and data processing matters including the preparation and presentation of reports and recommendations. Supervises and participates in the most complex finance and personne. projects. Makes authoritative interpretations of applicable laws, regulations and policies. Represents City in the community and at professional meetings as required. Prepares and administers the City budget, as well as the department budget. Recommends adoption and assists in preparation of ordinances. Coordinates departmental activities with other City departments and divisions and with outside agencies. Selects, supervises, trains and evaluates assigned staff. EMPLOYMENT GUIDELINES: Knowldedge of: Municipal financial principles and practices; applicable federal, state and local financial laws and regula- tions; applicable federal, state and local personnel laws and regulations; principles and practices of organization, adminis- tration, budgeting and personnel management. Ability to: Plan, organize- and supervise the work of employees engaged in a variety of municipal finance and personnel activities; communicate clearly and concisely, orally and in writing; collect and analyze data and develop complex plans and reports; establish and maintain cooperative relationships with city officials and employees, the general public and representatives of other agencies; properly interpret and make decisions in accordance with laws, regulations and policies; select, supervise, train and evaluate assigned staff. Desireable Educations and Experience: A combination of a Degree in Business Administration, Accounting or Public Administration. Five years increasingly responsible local Government experience with two years in a supervisory capacity. Special Requirements: Possession of a valid California Driver ' s License. Other Conditions of Employment: Must be a permanent United States Citizen or hold status of an immigrant "permanent resident" and provide proof thereof. Must be able to periodically pass a medical examination administered by the City medical consultant. . file: el5adsvc MEETING AGENDA ! DATE 3/8/88 ITEM C-2 MEMORANDUM City of Atascadero March 8, 1988 TO: Members of the City Council FROM: Jeffrey G. Jorgensen, City Attorney SUBJECT: Police Facility Purchase Agreement and Escrow Instructions - Status Report After extensive discussion and negotiation with Michael L. Salter, agent for the sellers of the Beno's property, it appears that a final draft Purchase Agreement and Escrow Instructions acceptable to the sellers has been developed. Mr. Salter has recommended four significant changes to the draft Purchase Agreement and Escrow Instructions previously transmitted to the City Council, including the following: 1. Escrow Closing Date. Under the previous agreement, escrow closing was to have taken place no later than January 31, 1989. By letter dated March 2 , 1988, Mr. Salter is now proposing a much shorter escrow period with an escrow closing date of 120 days from execution of the agreement. As a result, paragraph 4 of the agreement would be revised to read as follows: 114 . Escrow Closing Date. The sale and purchase of the Property shall be consummated through the Escrow, which shall close no later than July 22 , 1988, or one hundred twenty (120) days from the date of execution of this Contract, which ever occurs later (hereinafter referred to as the 'Escrow Closing Date' ) . " Recommendation: If the City Council wishes to proceed with the purchase agreement, it is my recommendation that the revised escrow closing date be accepted, as a shorter escrow period is to the advantage of the City and will allow for earlier occupation of the property. 2 . Warranties. Under the previous draft agreement, the sellers were required to make a warranty concerning any material defect in the property. The sellers have requested that this warranty be limited to structural defects only, since it is the intention of the City to make major renovations to nonstructural items, and the sellers are therefore proposing that the City accept such nonstructural items in an "as is" condition. As a result, the following revised warranty has been developed: MEET ' A 88 AGMA MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager 94) . From: Pau_L M. Sensibaugh, Director of Public Works/City Engineer c� Subject Hoff Agreement-West Mall Traffic Signal Date: February 29, 1988 Recommendation: Staff recommends that Council approve , the attached agreement between the City and Ben Hoff, Inca and Ben 'Hoff Trust . ' Background: • The attached agreement is the result of approximately 1 1/2 years of negotiations between the City, Hoff and Caltrans. Thebackground material for this report is provided in the attached draft memo dated March 4, 1987. The last paragraph of the background section of that memo indicates that the item was to be on the March 24, 1987 agenda. It was since learned that the City must clear any and all right-of-way issues with the adjacent property owners even though they fronted on Highway 41 right-of-way. It has taken nearly one year to resolve the right-of-way to the point that staff could make a firm and fair recommendation to Council . The agreement was signed by the Hoff 's on March 1, 1988. Discussion: This agreement was necessary in order to enter into the construction agreement with Caltrans for the traffic signalization of the El Camino Real-West Mall intersection. Considerable roadway construction was also included in the design to allow a more efficient intersection. In addition to a traffic ,signal the roadway will be narrowed to the normal El Camino Real template and a storm sewer will be provided to the "alley adjacent to Jack in the Box restaurant. The main provisions of the enclosed agreement are as follows: • City Agr@@@f 1 . To enter into an agreement with Caltrans for the signal— roadway project. 2. To include plans for a fourth leg (driveway) of the intersection in the design of the signaland controller. 3. To conditionally permit a future fourth leg (driveway) at the subject intersection, subject to a Caltrans encroachment permit and a traffic study to warrant such leg 4. To provide for the narrowing of the street,' including new curb, gutter and sidewalk and drainage . 5 . To not condition the above 'property to widen E1 Camino Real when the property develops in the future. 6. To release any City claim to prescriptive rights where the existing sidewalk is on the Hoff 's property. 7. To pay 50% of the City costs for the above work. (I'n conjunction with the " Caltrans agreement and the Hoff contribution below. ) 8. To provide two drives on Atascadero Mall for the Ben Hoff, Inc . property. (One existing to be slightly relocated and one new drive . ) Hoff Agrees: 1. To allow the closing of the two E1 Camino Real driveways along the Ben Hoff, Inc property. (Where the present auto sales— mechanic shop is now. ) 2 . To allow the right of entry onto private land for construction purposes. 3. To pay 50% of the City costs for which Caltrans has no participation, not including the fire truck emergency activation device, up to "a maximum of $16,500. 4. To pay for a- future traffic study to justify a future fourth leg and the costs of such leg. (This will not apply to Hoff personally if he sells the property, but would be a condition of development for whoever owns said property if they desire a fourth leg. ) 5. To pay for any future drive encroachments or closings other that those discussed above: • Section seven (7) of the agreement includes an escape clause in case the City—Caltrans project is abandoned. Staff intends to bring back the Caltrans agreement as soon as practicable for Council ' s consideration. Fiscal Impact : The project cost to the City will be reduced up to $41 ,800 due to this agreement . If there is no such agreement a fourth leg must be Provided since there is an existing driveway within the intersection. The City share would go from 339 to 50% participation with Caltrans since, even though the encroachment is within the Hgwy. 41 R.O.W. , the City is responsible for that leg. If the project does not go through Hoff will be responsible for all the widening costs when the property develops . In that event the City would effectively lose about $100, 000 of grant monies for the signal project since a delay would shift said monies back into the district—wide pot . The City could not hope to regain its position for funding prior to the re—alignment of Highway 41 to the south. Since this agreement does not increase the City obligation and is conditional upon the Caltrans project, the construction and engineering costs will be provided when the Caltrans agreement is Presented to Council . RIGHT-OF-WAY AGREEMENT (Release of All Claims) THIS AGREEMENT, made and entered into this S day of � er� 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 i 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 0 • 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 the new 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 . 7 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 /5� day of 4%"j)- 1988. CITY: HOFF: CITY OF ATASCADERO a municipal corporation Ben H ff By —6 Mayor Robbie Hoff " ATTEST: BEN HOFF, INC. By ; City Clerk dent APPROVED AS TO CONTENT: By > Secretary Public Works Director APPROVED AS TO FORM: City Attorney 10 I J I � • r � 2 Q CL �— M .6b.0£ S i Z I O V v H m W ' ��. x I wCD O W I NLn a a I < � � D — 3NII 101 J Ym < 3 W r A W ( a C I 'V Ij q P � —� W 'A .6b.0£ S ; m < �o o • mL——----- / cz m w in U. F- O M .b0.1£ S / I/ e in W n— -- Z W m N 01 • w O .p `' �a�• ( —j .1£.Bz S n �- b CIIp 8�m cli. 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H _slid ----I — 93 x N D m ¢ bo•I E 06`. 0j v O 91, ^o J o I�1 ma iff o - h V E. JI c- I W i cl W lid V �= D N 3 En u o. � � I m I eQ Y 03 Ye s I I = n _n.E - - -60- .t i ^0 1 ^ o � E m �� N 1= ¢m m a J ouY _ dW ,1 a 03J U I o O O o o c 1.22 pIJ S N.m J >C o V Q N m a vvco mz! O, ^ sb;_ IE c m 117Y/C4101:1 gum r�• ��u r-0 L-- -�� is I�M1 N � I 1�7Y1 Ctllftl9;tl Ltl �^� � �� I. 7 I 01a x a a N� n I s DRAFT MEMORANDUM TO: City Council THROUGH: Mike Shelton, City Manager FROM: Paul Sensibaugh, Director of Public Works SUBJECT: West Mall Signal Project DATE: March 4, 1987 Recommendation: Staff recommends that Council enter into the proposed agree- ment with Caltrans to initiate the West Mall Signal project, with the understanding that the contract can be voided if right-of-way negotiations fail or if bids are more than estimated. Background: The West Mall Traffic Signal Project was conceived many years ago and warranted by Caltrans last fiscal year. The intersection of West Mall and El Camino Real has two legs for Highway 41 and one leg for a city street (North E1 Camino Real) The project was laid out originally to provide a traffic signal and to improve the geometry of the northerly leg from the Yogurt Shack to Jack-in-the-Box. That leg was once deleted due to lack of funds and potential developer conditioning. The project was included in the 1986-87 fiscal City Budget and the 86-87 Caltrans programming. When it was reevaluated by Caltrans this past summer the City was asked if they wanted the drive across from West Mall (on the Hoff property) included in the design. If in- cluded, the funding formula would change from 67% Caltrans - 33% City to 50%-50% since Caltrans is not responsible for driveways even though they require a signal phase to be designed for the driveway leg. This was unacceptable to the City Staff and it was agreed to cut off the drive access that presently exists on El Camino Real. The City was also informed that the northerly leg would be 100% City cost. At that time the City, Caltrans and Mr . Hoff, the property • owner, held a meeting in Caltrans offices to discuss the final design of the project. It was agreed by all parties that the proposed design would s DRAFT prevail but that in trade for closure of four drives on the Hoff frontage, the City staff would recommend to Council to a 50-50 split in the cost of the northerly leg narrowing. In addition, the Hoff property would gain back the area that is presently the El Camino Real sidewalk. Additionally, the City agreed to request the Health Department to hold off on the required removal of the underground fuel tanks until the porject was underway so that the sidewalk would only be disturbed once. The Community Development Department later agreed to hold off temporarily on the illegal non-conforming service station shop to facilitate the project. On the basis of the above events, Caltrans proceeded with the final design plans and specifications for an early Spring bid letting. It was necessary to have the project awarded before June 30 so that it remained fundable in the current fiscal year. After the design was completed the Caltrans right-of-way department announced that they were concerned with the fact that there was work being done on Atascadero Mall and that Mr. Hoff had a Quit Claim deed from Crocker Bank (now Wells Fargo) for the west section of Atascadero Mall. Caltrans requested that the City obtain that section by Quit Claim deed. Subsequently, the City Engineer wrote to Mr. Hoff requesting that he sign over the property to the City since it was and is proposed in the General Plan to be a public street and that he wouldn' t have to pay taxes on the property. No answer was received. About this time Mr. O.C. Corrothers entered the picture as a potential buyer of th Hoff corner lot for a chicken franchise. Plans were drawn up .by Twin Cities on a hurried basis that showed the E1 Camino Real drive as the main access. Corrothers met with Caltrans to express a desire to keep the drive open and to possibly use Atascadero Mall in the parking plan. The City Engineer and Director of Community Development both found the plans unacceptable and asked for a redesign. Caltrans now announced that they were ready to bid and presented the City with an agreement in their offices. The City re-expressed a desire to proceed as the project funds would be in danger if a redesign was sought. A curb cut or opening constituted a redesign since it would require a signal phase leg. The City indicated that they only offered a 50-50 split on the northerly curb in conjunction with the closing of the drives. Elimination of the curb, however, also constituted a change in design and thus a delay of the project to the next fiscal year. Caltrans expressed that a shift to the next fiscal year meant that the funds would be withdrawn and placed back into a competative pot and that the City could not be assured of the . funds. 2 �► DRAFT . The City asked to meet with Mr. Hoff to settle the right-of way. Mr. & Mrs. Hoff brought attorney Glen Lewis and the City Attorney, City Engineer and a Mr. Lowder from Caltrans were present. Mr. Lewis, speaking for Mr. Hoff, wanted to know the out-of-pocket to Mr. Hoff for the deal. It was explained about the usable sidewalk area, no taxes on Atascadero Mall right-of- way, the underground tanks, the illegal use and his share of the curb which was about $17 ,000. Mr. Lewis was to get with the City Attorney to discuss their position. That did not occur. The following week the City Engineer received a letter from Hoff saying that he would obligate to a 50-50 share for the northerly curb and sidewalk work, if he was given some assurances on the future use of his property. However, he needed to contact "other parties" that had an interest in the corner service station property , before he could agree on the previous verbal agreement. On or about February 17 Caltrans gave the City until March 10 to settle with Mr. Hoff and to enter into a contract with Caltrans. Mr. Corrothers had hired another planner to present more site plans to the City. Corrothers postponed two meetings with the City Engineer and Community Development Director the last week of February. On Friday, February 27 Mr. Corrothers presented two additional layout sketches for a new business that were obviously not going to be acceptable to the city. After about an hour of discussion it appeared that Corrothers as satisfied with the City' s position and that he would deal with Hoff. Corrothers called the City Engineer on Sunday to express that Hoff would not settle for a closed drive and wanted to meet Monday. Meetings were held Monday and Tuesday with the agenda for the March 10th meeting due that day. No agreement was at hand. On Tuesday (March 3) Caltrans assigned to right-of-way acquisition personnel to study the Hoff property. The City was informed that they could enter into the Caltrans agreement and pull out later if the acquisition of the drive access would delay the project beyond a date that would not allow an award by June 30. They also indicated that the State would certify the right-of-way. This was good news, but contrary to what was told to the City previously. Negotiations are continuing. The agreement will be on the March 24 Council agenda. Fiscal Impact: The estimated cost of the project is $ The State will- pay 67% of $ and the city 33% plus 100% of the balance. Hoff would be obligated to $ on the present design. The resultant cost to the City would be $ plus any right-of-way acquisition costs. 3 STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION P.O. BOX 8114 SAN LUIS OBISPO, CA 93403-8114 Telephone: (805) 549-3111 TDD (805) 549-3259 March 11, 1987 5-SLO-41-16 .2 Parcel 4600-1,-2 E.A. 054709 City of Atascadero P. 0. Box 747 Atascadero, CA 93423 ATTN: Paul Sensibaugh, - Director of Public Works Gentlemen : This is to confirm our conversation of March 5, 1987 concerning the SL041/West Mall Project . As things now stand, the State cannot proceed with the project due to the position of Mr. Hoff relative to access from his property to Highway 41. I understand you feel you can work out an agreement with Mr. Hoff, which will deal with his concerns. As the agreement will probably result in allowing access from Mr. Hoff' s property onto Highway 41, a project design change will be required. Also it will be necessary to modify the City/State agreement relative to the project design and cost shares. We anticipate that if an agreement is worked out soon with Mr . Hoff, the project will only be delayed 3-4 months . As soon as you have resolved the Hoff matter , please contact me . We will need a design showing the location and size of the access curb cuts. I know you are anxious to see this project proceed. I want you to know we feel the same . Since , i' a S. Bowden Right of Way Agent Relocation Assistance Branch Plw ,cc: Bill Fieldhouse 320 MEET! AGEIVI)A DATE I rE -� March 8, 1988 To: City Council Via: Mike Shelton, City Manager . From: Bob Best, Parks and Recreation Director Subject : Facility Usage for Sports Programs RECOMMENDATION Staff recommends Council, under guidance of the Parks and Recreation Commission, by motion, receive staff report and direct staff to meet with Little League representatives to further explore "apparent" scheduling conflicts . As scheduling of fields is extremely competitive and complicated, Council directing use of the fields for Little League use only would undermine the delicate balance and uses desired by other user organizations. As -- the Parks and Recreation Commission has not had the opportunity to consider this matter, it is also appropriate for that body to be given the opportunity to receive input and make recommendations to staff and Council as may be necessary. REPORT BACKGROUND This report is submitted per the direction of the Council relating to usage and scheduling of City recreational facilities . A concern was expressed that the City has '"something against Little League" baseball by the Little League President . ,The intent of this report is to present information to the Council in order to have a clearer understanding of the problem. Under provisions of the newly adopted Joint Powers Agreement with the School District, Recreation Division Staff has the responsibility of coordinating outdoor facility usage schedules for City and School facilities . Staff has met with each representative of the various youth sports programs which use facilities in the Spring and Summer to work out a master schedule . The result this year was the easiest ,and quickest resolving of facility needs in the Past three years as Recreation Supervisor Gil Dovalina and Parks and Recreation Commission Chairman Mike Lara were able to work out the needs of all youth sportsgroupsfor the spring program. Before Paloma Creek Park came on line, adults and youth had to share school district facilities and Alvord Field. The -1- complaints at that time was that the two did not mix, as adults interfered with the youth games and/or practices.- The goal was to get the adults out of areas where youth Programs were. held. Paloma Park allowed this to happen. The complaint seemed to center on the perceived issue that the City will not develop facilities for Little League Baseball because we "refuse" to build mounds for the Little League Program,, On Thursday, March 3, a meeting was held with the Little League President, the Parks and Recreation Director, and the Chairman of the Parks and Recreation Commission to discuss the concerns expressed at the February 23 Council meeting. ISSUE STATEMENT The question is how much time should be allowed to other organizations for usage of Paloma Park for sports Programs. With the Popularity of baseball in, Atascadero, all available facilities are utilized. Should there be a mixing of age groups at each facility? Council has already heard the complaint that • the mixing of age groups causes problems. Should the City reduce the number of programs it offers on City facilities to accommodate the desires of Private organizations? Are there alternatives to offer, or should the schedule remain as is? How will the development of two new fields on Traffic Way and the new Youth field at Paloma Park affect the needs of private organizations? The City? How will the development of San Gabriel School impact the needs of sports programs in Atascadero? How much responsibility should Private organizations have for developing their own facilities? How can softball'/baseball fields be developed to provide for multi-purpose use? FINDINGS The Parks and Recreation Department currently has approximately 60 teams participating in the adult softball `program at Paloma Park, which represents approximately 1000` adults. This is the maximum number of teams which can be scheduled in softball leagues on a weekly basis . In order to provide each team one game Per week, both fields are scheduled from 6 p .m.-10: 00 p .m. Monday-Friday. There are one hour and fifteen minute time limits for all games . The intent of the department is to not mix adult and youth programs in order to eliminate potential conflicts . Before Paloma Park was developed, Alvord Field was used for adult softball . A change in the usage of Paloma would result in Babe Ruth Baseball losing some of their time at Alvord. The department provides facility maintenance at Paloma Park, which is acritical service to keep the fields professionally -2- maintained. It is important to point out that it is the adult softball program which pays, as part of their fee, to have field maintenance done on a daily basis . The elimination of this fee would result in the General Fund subsidizing field maintenance or substandard maintenance resulting in safety hazards . At the present time the youth sports groups (Little League and Girls Softball ) have approved Use Permits for school district facilities a total of 520 collective hours weekly; Paloma Softball Fields a total of 22 .5 hours weekly; and Paloma Soccer Fields (for the Little League T—Ball Program) a total of 45 hours weekly. The Parks and Recreation Department , as a service to the community, has had constructed at City expense, four portable backstops for the T—Ball program. The Adult Softball Program, with 60 teams, uses a total of 40 hours per week for its program, compared to total hours of 587 . 5 for Little League and Girls Softball . The department strives to minimize the hours used for the adults, and the above totals reflect this effort . As indicated earlier, the reduction of adult time at Paloma will result in an increased use of Alvord and School District facilities by the adults, and the youth sports groups do not want this either. It has been previously indicated by the Little League President that they cannot play games at night because their rules prohibit night games . The Parks and Recreation Department has elected not to expand the softball program beyond 60 teams, as it would then be necessary to schedule games at Alvord and/or School facilities . This was a decision we have made which we believe to be in everyone ' s best interest . The development of two new fields at Traffic Way Park, the completion of the youth field at Paloma, and the -completion of San Gabriel School will positively impact the needs of youth sports in Atascadero. The intention of the department was to insure that the three new fields were youth oriented, and the City is working to achieve its obligation to the children in Atascadero. The recommendations of the youth groups concerning facility development was that facilities be designed for multi—purpose use . The minutes of the December 1986 Parks and Recreation Commission meeting reflected the desires of the youth sports groups in regard to development of multi—purpose sports fields . That is certainly an admirable objective , and we are attempting to keep that in mind as we develop facilities . It should be pointed out that various programs have specific rules regarding . facilities which may conflict with other programs . For example , the question of the City not providing mounds for Little League appears to be a major concern. If mounds were developed, the facility would not be available for Girls Softball , as they do —3— not use mounds in their program. It is a situation which does not lend to shared use without some type of compromise or alternative solution. Our staff has discussed this with Little League, and have offered some suggestions which could eliminate the problems of multi-purpose facilities . These include shared use of a facility by Little League and Girls Softball- examples could include having a field used for one season by one of the programs, the next year the other program using the facility; splitting use of the facility for one season, or some combination of the two. Also, portable mounds could be purchased by Little League for usage on the Youth field at Paloma and Traffic Way Park; if the schedule is established for seasonal use of a facility by an organization, mounds could be constructed for the duration of an entire season (or half a season depending upon the schedule) and then removed by Little League at the end of scheduled use of the facility. The question of mounds is not a problem, and is simply a scheduling matter. POTENTIAL RESOLUTIONS The recommendations made by Parks and Recreation have included the purchase of portable mounds by Little League which could easily be taken on and off fields; constructing mounds for the duration of the scheduled use and then removing; considering Little League and Girls Softball splitting time at Traffic Way and the youth field at Paloma; and considering that one organization use a field for one season and changing the next Year. With the concerns of the mixing of youth and adults , it is not desirable to schedule adults on the school facilities . In the next year there will be three new quality facilities which are solely for the Youth plus the fields at San Gabriel School , and these should resolve the immediate needs and concerns of Youth sports . With the involvement of the Parks and Recreation Commission, many of the "apparent" problems could be reduced or eliminated. -4- AGE�Vtp� DA ! iTEMN ,� 1 March 8, 1988 To: City Council Via: Mike Shelton, City Manager , From: Bob Best, Parks and Recreation Director Subject : Alvord Field Light Fees BACKGROUND On February 23, 1988, Staff was directed by Council to study the request by Mr. Jim Gibbons concerning the light rental fees for Alvord ,Field. The request was made for the City to 'consider making a change in the policy regarding the charge to Babe Ruth Baseball for the hourly use of the field lights The City Council originally adopted light fees for Alvord Field with the passage of Resolution No. 55-84. On May 13, 1985, Council passed Resolution No. 31-85, which revised and established fees for usage of recreational tlonal areas. On March 10, 1987, Council adopted - p Resolution No. 21 87, which superceded the Previously adopted resolutions . The initial fee for light usage at Alvord (in 1984) was $7 per hour. In 1988, the fee remains at $7 per hour for all groups except profit making organizations, which is set at $10 per hour. ISSUE STATEMENT Should the City of Atascadero authorize a reduction in fee for the Babe Ruth Baseball program, realizing that this could set a precedent for the future for other groups? Is there a solution which could provide for the needed hourly rate of the lights and provide for replacement costs at the same time? Should the City subsidize the program? RECOMMENDATION 1 Authorize the Parks and Recreation Director to establish an hourly rate for light usage based on actual electric cost per PG&E. This basic rate will be the hourly rate charged to Babe Ruth Baseball . 2. Any lights which need to be replaced during the season will be the responsibility of Babe Ruth Baseball . This shall include light replacement, parts, and the cost of manpower and equipment to physically replace the lights All lights needing replacement shall be the responsibility of the Babe Ruth program. ALTERNATIVES 1 . Do not make any changes in the current, policy, andcharge the full fee of `$7 per hour ,for usage of the lights. 2. Authorize the hourly cost to be paid from the City budget, with replacement costs to be paid by Babe Ruth, Baseball . 3. All costs associated with the lights to be 'paid by the City of Atascadero. 4. Authorize an hourly charge `be assessed to Babe Ruth Baseball , with replacement costs to be paid ;by the City of Atascadero. FISCAL IMPACT No fiscal impact would result if Council approved Staff recommendation, as potential costs would be addressed. ` AGAIQA�_ cif! • MEMORANDUM To: Honorable Mayor and City Council Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer ,4*45" Subject : Request for Proposals-Lewis Ave . Bridge Design Date: March 1, 1988 Recommendation: Staff recommends that Council direct to request a minimum of three and a maximum of ten proposals for the design of the Lewis Avenue Bridge, including the design of a pedestrian bridge and a connector street between Lewis Ave . and Palma Ave. Background: , The Lewis Ave. Bridge project pre-dates the incorporation of the City and most recently action was taken at the combined City/School council/board meeting on February 22, 1988 to finally fix the position of the bridge to align with Lewin 'Ave . This did not come without some concessions since the _ City needs an easement across Atascadero Creek from the Atascadero Unified School District; to construct the project. Included in the decision was the addition of a connector street that will traverse the alley south of the city parking lot to join Lewis Ave . _ with , Palma Ave. There will be a follow up lease-trade agreement between the City and the Schools to allow the use of each others land to accommodate the safe handling of school children drop offs, school expansion and public parking. The .subject design will take this agreement into consideration and submit preliminary plans to the City/School Committee for their review. Discussion: Attached is the proposed Scope of Services which includes the design of the bridge, ' the design of a seperate pedestrian bridge as outlined in the General Plan, and the connector street discussed above . Traffic circulation and school children drop offs will also be addressed. It is anticipated that once the pedestrian bridge design is • completed that that work will be bid immediately. The vehicular bridge and the street work will be bid simultaneously but only after adequate funds are obtained through development fees. Fiscal Impact : There is $96,750 remaining from the Bordeaux House bridge contribution which was budgeted this fiscal year for the above purpose. ($101 ,750 less the $5, 000 for the traffic; and schoolimpact study. ) The design is expected to cost about $50, 000. The pedestrian bridge and walkway path construction is estimated at $40,000. Please refer to the attached January 29, 1988 memo for additional fiscal impact discussion. March 1, 1988 Name Title Street Address P.O.Box No. City, State Zip Dear Consultant : You are invited to submit a proposal to the City of Atascadero to provide a design for a new vehicular bridge and separate pedestrian bridge across Atascadero Creek and a short • street connection, including preliminary design, final design, detail plans and specifications and construction engineering for each. The three items of work are independent of each other with respect to design but fit into an overall plan in a small geographical area. There has not been a preliminary evaluation of the vehicular bridge project but it is anticipated that a one or three—span flat slab approximately 90 to 120 feet in total length will be necessary. A sidewalk will be provided on both sides of the bridge . A separate pedestrian bridge will also span the creek and conceptual designs shall be submitted to the Planning Department for their approval prior to detail plans being submitted (during preliminary engineering phase) . The street section will be 20 feet wide with curb and gutters but without sidewalks and will be about 200 feet in length. Adjacent parking lots will be accommodated in the design as well as appropriate drainage which is minor in nature . Your proposal should be based upon the following Scope of Services : i • ®@®P@ ® 1) Gather existing plans, maps and other data . The City will Provide any maps, records or other data that it has readily available , upon request . A foundation inspection for the vehicular bridge was completed in 1979 but may have to be updated. Available also is 100-scale topographic mapping with 2 ft . contours . The consultant should satisfy himself/herself prior to submittal as to what information is available . . 2) Prepare preliminary plans for the three main items of work (the vehicular bridge, the pedestrian bridge and the street . ) 3) After approval of the preliminary plans prepare detailed construction plans (at a scale approved by the City Engineer) and specifications and bidding documents for public bid by a governmental agency. 4) Provide construction engineering for the project, including Project administration, review of shop drawings and pay estimates and resident inspection services as requested. 5) A hydraulic analysis will be a, part of the preliminary engineering for the bridges as well as any necessary update to the soils report . 6) All environmental evaluations that are required by local , state or federal agencies will be a part of the preliminary bridge engineering, including, but not limited to, Fish and Game permits, Army Corps Of Engineers 404 permit, archaeological , wetlands, historical and biological data. NOTE: There are no Federal or State funds involved in this project, only local funds . The consultant shall satisfy himself/herself as the the necessity of the above service . 7) Review the preliminary and final results with the Director of Public Works/City Engineer. The consultant will be expected to meet with staff at least on a weekly basis at the discretion of the Director and at least once before the City Council for each project . At least one major review will be provided to the City prior to submitting the final drawings . Two weeks shall be given for such review and five (5) draft copies shall be provided. 8) The consultant shall estimate a time of completion for the work for each project . Time of completion may be a consideration for award . The consultant shall provide twenty five (25) copies and one original of the final completed work. 9) The consultant shall present the City with background information on his/her firm and the key individual (s) that will work on this project . A contact person will be named if the proposal is accepted. Personnel and available resources will be a determining factor for award. S10) The consultant shall give a fee based on a lump sum, not to exceed figure and shall include all incidental costs such as printing, travel , etc . Additional compensation shall not be awarded. Progress payments are permissible with a 10% retention. (a) Provide a lump sum for the vehicular bridge proposal . (b) Provide a lump sum for the pedestrian bridge proposal . (c) Provide a lump sum for the new street proposal . (d) Provide a lump sum for the total of (a) , (b) and (c) above which may be less than the algebraic sum of the three due to the apparent advantage of doing all three completely separate but related projects which are essentially adjacent to one another. 11) NOTE that the City reserves the right to award any or all of the three types of work to one, two or three individual consultants . The design and construction for each is not expected to conflict with the others . 12) NOTE that resident inspection services shall not be included in the above figures, however, an hourly rate shall be provided for such services and shall not be subject to increase . The amount of time necessary for the separate works shall be discussed with the consultant, with the City Engineer making the final determination. 13) NOTE that some requirements such as hydraulics and environmental considerations may or may not be applicable to all three individual projects . The consultant shall satisfy himself/herself as to what data is required to complete the work in a professional and concise manner. 14) The consultant shall be expected to enter into a agreement with the City for the above work and is expected to provide limited liability insurance . We look forward to your submittal and are ready to answer any questions that you may have . Proposals are due on or before 2 : 00pm, April 11 , 1988 at the office of the Director of Public Works/City Engineer. Very Truly Yours, Paul M. Sensibaugh, Director of Public Works/ City Engineer To: The Board of Education and City Council Through: Michael B. Shelton, City Manager From: . Paul M. S nsibaugh, Director of Public Works/City Engineer For: The Joint� City/School Committee Date: January 29, 1988 Re : Atascadero Creek Bridge Recommendation: The City/School Committee recommends that the Atascadero Unified Schood District Board of Education and the City of • Atascadero City Council endorse the street and bridge alignment attached hereto for the proposed Atascadero Creek Bridge, and that a concensus be reached that the respective bodies direct staff to prepare a lease agreement for Council and Board consideration for temporary property trades to accomodate the proposed alignment. Background: The joint City/School Committee has met regularly on the above topic over the past six months . A consultant was hired by the City at the recommendation of the committee to study several Potential alignments for a route parallel to E1 Camino Real across Atascadero Creek connecting the Central Business District to neighboring shopping, centers and the future Highway 41 alignment. The AUSD owns the creekway property in this area and an easement is necessary prior to the construction of a bridge . The committee made an exhaustive review of the pros and cons of the alternates and has finally zeroed in on a variation of the original proposals . At the last special meeting a concensus was arrived at with respect to an alignment that would address all the concerns, subject to a review of a larger scale plan of the new alternative and subject to the impact on existing buildings such as the Historic Society building, the Daily Press, and the school Administration/Kindergarten portable building. That plan is presented for your comments and approval . Those paying the majority of fees have indicated that once a contract is entered into for the design, they would like to discuss some creative financing with the City, especially assessment district possibilities . Paying the fee at the building permit phase cannot be included in their construction loans and may make their projects cost prohibitive . At the same time the bridge would not become a reality until all money is collected, therefore they would receive no benefit from the fees and the City could not mitigate the traffic as planned. xc : Dr. Anthony Avina Z i 0 a U �o� W ob O �o . � d c 'r as n Q Ae06, e Jo OZ cc co ir .-i 1 ' Ci N C � % pl Z Q i Gi� A�G� GJ Q � s m J l co a v l 1 1 - 1 2 0 �0 Olt Pueblo Pueblo Ave a � N a J CL ¢ , :3 a ¢ z d o w o 5 Y U a E a U o c w J m l W co 0 i a w W � 14 / H �t w G to LU I � i c CL �I W e s DCD m Pve � E E�5en0ae `4 14 OrTen LOP MEMORANDUM N UM To: Board of Directors/Atascadero County Sanitation District Through: Michael Shelton, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject: Sewer Master Plan Engineering Agreement-CH2M Hill Date: February 29, ` 198$ Recommendation: Staff recommends that Council enter into the attached agreement with CH2M Hill for the amount stated. Background: At the last regular meeting the Board awarded the proposal for the above project to CH2M :Hill and directed staff to bring back an • agreement . Additionally, it was requested that the contract deemphasize the paragraph on growth as related to the project and to see if any reduction in fee could result due to any change in scope. Discussion: Staff is finalizing the actual agreement as the agenda is being prepared. The basic agreement is generic as developed by the current City Attorney and will be refined with respect to Council 's direction discussed above. Fiscal Impact : The cost for the Master Plan shall notexceed $24,900 as directed by the Board at the last regular meeting. Contract to be distributed by Public Works Department at a later time. I