Loading...
HomeMy WebLinkAboutAgenda Packet 06/28/1988 it- -- -- OFFIC COPY/. j PU IC REVIEW COPY i AGENDA ATASCADEROCITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH`-FLOOR, ROTUNDA ROOM JUNE 28, 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 fora second time until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment: ** Plaque Presentation to Exiting Council Members Norris, Handshy and Hourbeau * Swearing in of Newly Elected Council Members Shiers, Dexter, and Lilley ** Council Discussion Regarding the Appointment of the Mayor Position and Term COMMITTEE REPORTS: (Approximate Time - 7:30 P .M.. ) (The following represents Ad Hoc or Standing Committees`. Informative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 . Pavilion Committee 2 . North Coastal Transit 8,. Police Facility Committee 3 . San Luis Obispo Area 9 . Atascadero Lake Acquisition Coordinating Council Committee 4 . Traffic Committee' 10 . Bicentennial Committee 5 . Solid/Hazardous Waste Management Committee 5 . Economic Opportunity Commiss- COMMUNITY FORUM: (Approximate Time - 7 : 45 P.M. )' The City Council values and encourages exchange of ideas and comments from you the :citizen, The Public Comment Period is provided to receive comments from the public on matters; other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: A maximum of 34 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as, a whole, and not to any individual member thereof. No person shall be permitted to make slanderous, profane or personal remarks against any Council Member or staff. Any person desiring to submit written statements may do so by forwarding to Council, prior to the Council Meeting, nine ( 9) copies to the City Clerk by 5 :00 p.m. onthe :Wednesday preceding the Council Meeting. A. CONSENT 'CALENDAR: (Approximate Time - 8 :00 P.M. )' All matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one 'motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any ;item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar-. 1 . Approval of the June 14, 1988 Regular Council Minutes 2 . Approval of the May, 1988, Finance Department Report 3 . Approval of the May, 1988, Treasurer's Report 4 . Approval of a Three-Fear Contract with Glenn, Burdette, Phillips and Booker - City Audit Services (Conceptual , Approval from the 6/14/88 Council Meeting) F . Authorization for Temporary Road Closure Portola Road, from Morro Road to Marchant Babe Ruth Tournament - July 23-30, 1988 , at Various Times 6 . Acceptance of Final Lot Line Adjustment 12-87 7503 p 7 Carmelita/7505 Curbaril Bench/stanley/Central Coast Engineering (Cont' d from 6/14/88 Council Meeting) 2 7 . Authorization for a Public Auction for Unclaimed Property by the Atascadero Police Department 8 . Approval of Two-Year Grounds Maintenance Contract with Frank Grim Mowing Service (Conceptually Approved 6/14/88) (Cont'd from 5/10 & 6/14/88) 9 . Approval of Revised California Mens Colony Contract for F.Y. 1988/89 10 . Resolution 44-88 Approval of Adjustment- to the Development Fees, Adopted in City Ordinance 119, According to the Consumer Price Index Increase 11 . Acceptance of Final Parcel Map 5-88 7450 Santa Cruz Road- Las Encinas/Cuesta Engineering 12 . Authorization to Continue Contract Employment Agreement for John Le Sage, Temporary Full-Time Building Inspector Position 13 . Authorization to Continue Contract Employment Agreement for Eric Porter, Temporary Full-Time Assistant Planner Position 14 .- Acceptance of Final Parcel Map 5-88 - 4555 El Camino Real Hull/Volbrecht Survey B. HEARINGS/APPEARANCES/REPORTS 1 • (Approximate Time - 8 : 10 P.M.;) Business LicenseAmendments (Cont' d from 6/14/88) : A. Public Hearing B. Ordinance 174 - Amending Ordinance 138, Business License Or finance, and Centralizing the Administration in the City Finance Department (FIRST READING) (Approximate Time - 8 :20 P.M. ) 2 . General Plan Amendment 2C-88 and Zone Change '9-88 9500 El Camino Real Central Coast Capital Corporation (North Coast Engineering') . r A. Public Hearing B. Resolution 41-88 - Approving an Amendment to the Land Use Designation of the City General Plan from Retail Commercial to Public C. ordinance 176 Amendment to the City Zoning Maps from Commercial Tourist to Commercial Retail and Public (FIRST READING) 3 I i (Approximate Time - 8:50 P.M. ) j 3 . General Plan Amendment 2E-88 and Zone Change 11-88 11455 Viejo Camino - Kankiewicz (Harcourt) i A. Public Hearing B. Resolution 42-88 - Approving an Amendment to the Land Use Designation of the City General Plan from Suburban Single Family to Low Density Multiple Family and Inclusion into the Urban Services District C. Ordinance 177 - Amendment to the City Zoning Maps from Residential Suburban, Flood Hazard overlay to Residential MultiFamily, Flood Hazard Overlay: (FIRST READING) _. BREAK - 9 : 05 P.M. ( 15 MINUTES) " C. UNFINISHED BUSINESS: ' Approximate Time - 9 : 20 P.M. ) 1 . Atascadero School District Request for an Atascadero City Recreation Department Sponsored "After School: Program ,at SantaMargarita School (Cont' d from 6/14/88 Council Meeting) (ApproximateTime - 9 :30 P .M. ) 2 . Letter of Request from Mr. a Mrs . W.P. Guidry Regarding Their Morro Road Property (Adjacent to Atascadero Lake ' Park) (Approximate Time - 9 : 50 P .M. ) 3 . Atascadero Lake Improvement Project - Bid Results Status Report (Approximate Time - 10 : 10 P.M. ) 4 . Use Permit Renewals (Cont' d from 6/14;/88) A. "Duck Hut" Concession (Atascadero Lake Park) operator - Richard Oswald - 'F.Y. 1988/89 Lease B. "Pop' s Tackle Shop" Concession (Atascadero Lake Park) Operator - Richard Oswald - Month-to-Month Tenancy' 4 D. NEW BUSINESS: (Approximate Time 10 : 20 P.M. ) 1 . Resolution 48-88 Adoption of the Fiscal Year 1988/89 Interim Budget and Appropriating Funds Thereof (Approximate Time - 10:30 P.M. ) 2 Resolution 47-88 Adopting an Adjusted Proposition 4 Base Year Limit & a Recalculation of Each Subsequent Year' s Proposition' 4 Limit Through ,the 1988/89 Budget Year (Approximate Time 10 :40 P .M. ) 3 . Resolution 45-88 - Establishing the City' s Liability Self- Insurance Retention Amount at $50, 000 E. INDIVIDUAL DETERMINATION: (Approximate Time - 10 : 50 P.M. ) 1 . City Council A. Park and Recreation Commission - Set Date for Interview and Appointment B. Planning Commission Set date for Interviews and Appointments 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager A. Budget Study ,Sessions - Suggested for Week of July 5 -(Cont'`d from 6/14/88 ) B. Extension of Interim City Manager' . Contract 1 -Month i NOTE : THIS COUNCIL MEETING WILL BE ADJOURNED TO A SPECIAL CLOSED SESSION REGARDING EMPLOYEE NEGOTIATIONS AT A DATE TO BE SET BY THE COUNCIL< 5 MEETI AGENDA A -1DA ITEiA N ._ ATASCADERO CITY COUNCIL MINUTES JUNE 14, 1988 The regular meeting of the Atascadero City Council was called to order at 7:30 p .m. , followed by the Pledge of Alle- giance. ROLL CALL All Present : Councilmembers Borgeson, Bourbeau, Handshy, Mackey and Mayor Norris Staff Present : Bill Hanley, Int . City Mgr . ; Jeff Jorgensen, City Atty. ; Henry Engen, Commun. Dev. Dir . ; Paul Sen- sibaugh , Pub . Works Dir . ; Bob Best , Parks & Rec . Director ; Lt . Bill Watton, APD; Gere Sibbach , City Treasurer ; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk COUNCIL COMMENTS Councilwoman Mackey commented on the success of the City em- ployees ' picnic , which was held last Saturday. Mayor Norris proclaimed June 1988 "Zoo and Aquarium Month" . COMMITTEE REPORTS Traffic Committee - To meet tomorrow; Mr . Sensibaugh , Pub . Works Dir . , commented that authorization to recruit for a new citizen committee member and , possibly, a Council committee member is on the Consent Calendar . Bicentennial Committee - Councilwoman Mackey noted her receipt of certain bicentennial materials and requested citizen volunteers to get involved in this regard . DUE TO NON-RECEIPT OF CERTIFIED ELECTION RESULTS, MAYOR NORRIS RECESSED THE MEETING AT 7: 10 P.M. UNTIL 7:30 P.M. , THE REGULAR TIME OF REGULAR MEETING C011MENCEMENT. COMMUNITY FORUM - No public comment . III A. CONSENT CALENDAR 1 . Approval of the May 24, 1988 regular Council minutes 1 2+ Approvalof the May 339 1988 special CdUncil w1ra1 ► P*Pr*VA1 of the Jury 3„ 1988` speck ai a rA-t8 4`. ftft:.::. -ton larenir� -CometUSictAwl uilkj 4ii` e Arum terns '18on4 Kidwell, Michie 4"4­ -to "4 ` 1: 3. .to min recrultownt for r*w Traffic Coaea�it i+��er' Use Perm i Rema 1 s: #A.`.: " alk Hut" cot cession fAUs. Link*, Rark? tcha r, Gotta 14.,..: FMY. 1969/89 L se "Pep"s Tackle Shop" coo-4*ssion' iAttse. L �4- orator Rich 0* -= 1'4nth-�tv-- anthrtim "Tiki Fret corrCessian LChar;les RiedOQCkooZ 2 4 ical Sot oty,. ~�'F.Y I988/09`, L.a e ' a of TP"!` 7 - VWO •Laurel kdo' et4n of 16.44 ac. Lnto two parcels of 3. T"irr Cities ir�a�i"in9 8. ►Yal of TPH 9-88 4�© San Jac i rvlto Avo. dtvi*Lor cif 2.04 Ac. Mith existing} develop t rite , .. r rets df 1.04 and -1 0 ac. - 'RarflmerlCumeta �E tAwO " ' 9. Autw. to Licit blow - Da1-A--*Id* wervicoo, lti. Act tae=a of "17503 Carnarl`i ta/" 1 h/`Star+ ey/Coo*ra1 Coast 8�-V- inmw ascii of Final Tr+a+�t'' map alY-86 = rtts LAI A & �„> * Millhollin✓�'ar`ta#11la 18 A��epar+ce of Fir ►1 Trot Vr+ 40uweta Eng nem irk T i`3. � [rer of ► Map - -- to? of �Tw P Citi,s n'iln r a Wt�r . [ � r#,�1 led , its #10 Cdr c Y uss i rt t�40C 3 } ��.ge�. 5E7"C1 p+�cl.. _ 's. is-S b d-i*cuss�c � 1' 1 w0 9y `Corgi-c ' ,ry 8out-be t a0pravo:. "the r,Q6J WOr�t` TM. ndSr, e :gip t 1 tem 6- - b Heid. #14 ca by Caurnr,.ilwoman. mackey; passed.; un+amI sZy i < ro 1--ca 2 . Rtre Y= 1Q! Mr . Bench questioned the delay in pr f rr9 this �pPlid�iitt ' >PiSving subR3tted it near ly s year r+r�u'i dee .e . , to ,f' na i- cr:rec t ions h h;as Rte t y+eteex � resp by ji^eviewint - .the ct�ndi iprs c f Mrs ovwml Sensibaugh noted that there were several incidentals which con- tributed to the delay. Motion: By Councilwoman Mackey to continue Item A-10 to the next meeting to allow for the applicant ' s further review with staff, seconded by Councilman Handshy; passed unanimously by roll-call . Re: Item b-a & b: Councilwoman Borgeson expressed concern that rent has constantly been received late for these two leases , and no rent was collected at all for four months during the winter ; she feels a review of the books in this matter is in order . Motion: By Councilman Handshy to continue Items A-6 a & b until the next meeting , seconded by Councilwoman Mackey; passed unanimously by roll-call . B. HEARINGS/APPEARANCES/REPORTS 1 . Business License Amendments A. Public Hearing B. Ord. 174, amending Ord. 138, Business License Ordinance and centralizing the administration of in the City Fin ante Dept. (FIRST READING) Mayor Norris announced that the City Clerk requested this item be pulled for further study . There was no public comment . Motion: By Councilwoman Borgeson to continue this item to the next meeting after further study, seconded by Councilwoman Mackey; passed unanimously. 2. Clarification of minimum required lot size in the LSF-X and RSF-X zones (20,000 sq. ft. lots) A. Public hearing B. Ord. 175 Proposed extension of Urg. Ord. 154 Amending the Zoning Ord. by clarifying the minimum lot size in the LSF-X & RSF-X zones, as requiring a net minimum land area of 200000 sq. ft. w/sewer (excluding land area needed for street right-of-way, whether pub- licly or privately owned) (FIRST AND ONLY READING) Mr . Engen, Commun. Dev. Dir . , gave staff report . There was no public comment . Motion: . By Councilwoman Borgeson to read Ord . 175 by title only , seconded by Councilman Bourbeau; passed unanimously by roll .-call . Mayor Norris read Ord. 175 by title. 3 Motion: By Councilwoman Mackey to approve Ord . 175, seconded by Councilwoman Borgeson; passed unani- mously by roll-call . C. UNFINISHED BUSINESS 1 . Auth. to award bid for play equipment at the Traffic Way Park to Miracle Rec. Equipt. Co. - $4,979.00 (cont 'd from 5/10/88 Mr . Best , Parks & Rec . Dir . , gave staff report . He emphasized that funding for this equipment is totally private ( from Paloma Creek Park advertising sign fees ) with no cost to the City . Motion: By Councilman Handshy to award the bid for the Traffic Way Park play equipment to Miracle Rec . Equipt . Co . for $4,979.00, seconded by Councilman Bourbeau; passed unanimously by roll-call . 2. Auth. to award Bid #88-6 for a two-year grounds maintenance service contract to Frank Grim Moving Svc. - $62,284 (cont 'd from 5/10/88 Mr . Best , Parks & Rec . Dir . , gave staff report . Council dis- cussed with staff the possibility of the City performing this service with City employees and equipment . Mr . Best pointed out that , in researching this alternative, it would not be cost- effective until after approx . 5 years due to the initial cost of purchasing the necessary equipment ; Mr . Hanley, C. Mgr . , added that this would better be considered during the upcoming fiscal year rather than this year . There was no public comment . Motion: By Councilwoman Mackey to award Bid #88-6 for Grounds Maint . Svcs . to Frank Grim Moving Svc . for $62,284 for a two-year contract (award of the con- tract based upon the following : 1 . Obtaining a City Business License 2. Certificate of Insurance naming the City as additional insured w/a minimum liability coverage of $500,000 3. Satisfactory inspection of contractor ' s equipment by Park Divn. staff) ; Motion seconded by Councilman Bourbeau; passed by 4 : 1 roll-call , with Councilwoman Borgeson opposed . 4 3. Auth. to award Bid #88-7 for irrigation supplies for Traffic Wax Park to Smith Pipe - $7,957.46 (cont 'd from 5/10/88) Mr . Best , Parks & Rec . Dir . , gave staff report , noting this pro- ject is 100% grant funded . There was no public comment . Motion: By Councilman Bourbeau to award Bid #88-7 for irrigation supplies for Traffic Way Park to Smith Pipe of Santa Maria in the amount of $7,957.46, seconded by Councilman Handshy; passed unanimous- ly by roll-call . 4. Ord. 173 - Amending the existing LS (Special Recreation) zoning to RSF-Y (Residential Single-Family, 1 ac. w/sewer, 1-1/2 ac. w/out sewer minimum - 7445 Cortez - Larson/Twin Cities Eng (SECOND AND FINAL READING) (cont 'd from 5/24/88)_ Mr . Engen, Commun. Devel . Dir . , gave staff report . There was no public comment . Motion: By Councilman Bourbeau to read Ord . 173 by title • only, seconded by Councilwoman Borgeson; passed unanimously. Mayor, Norris read Ord . 173 by title. Motion: By Councilwoman Borgeson for approval of Ord . 173 on second reading , seconded by Councilman Bour- beau; passed unanimously by roll-call . 5. City surplus property located on Traffic Way - Report on purchase negotiations w/William Carroll, high bid received (cont 'd from 5/24/88) Mr . Hanley, City Mgr . , gave staff report . He suggested contin- uance of this item to the Council ' s first meeting in July to allow further discussion with Mr . Carroll . There was no public comment . Council consensus was to continue this item to the first meeting in July. D. NEW BUSINESS 1 . Audit Committee recommendations regarding the appointment of an accounting firm to perform the City and Sanitation Dis- trict F.Y. 1987/88 Audit Mr . Sibbach , City Treasurer , reported on this item. He suggested that Council direct that the City Mgr . draft an "engagement let- ter" for the recommended firm, Glenn, Burdette, Phillips and Booker (GBP&B) , for approval by Council at a future meeting . He noted that, although the recommendation is for a period of three 5 years, there is normally a "satisfactory performance clause" allowing for Council ' s review and approval of the firm ' s service at the end of each year . There was no public comment . Motion: By Councilman Bourbeau that Council direct staff to bring back an engagement letter with the firm GBP&B, seconded by Councilwoman Borgeson; passed unanimously by roll-call . 2. Res. 38-88 - Revision to Res. 21-87, Parks & Rec. Dept. fees for usage of rec. facilities and written procedures for fac- ility rental Mr . Best , Parks & Rec . Dir . , gave staff report . The subject of possible prohibition of the sale of alcohol was briefly dis- cussed ; Mr . Jorgensen, City Atty. , expressed that , if Council wishes to consider alcohol prohibition at City parks, it should be reviewed as a separate item by ordinance, rather than as part of fee policy (which currently includes a liquor clause that would be unaffected by Council action/or non-action on the pro- posed resolution) . Motion: By Councilwoman Borgeson to approve Res. 3B-8B, seconded by Councilman Bourbeau; passed unanimous- ly by roll-call . 3. School District request for Rec. Dept. sponsored "After School Program" at Santa Margarita School Mr . Best , Parks & Rec . Dir . , gave staff report . Public Comment George Highland , resident , spoke in opposition to approval of AUSD ' s request feeling that Atascadero taxpayers shouldn ' t fund projects outside the City limit ; he noted he might favor it if the School District offered to cover program start-up costs. Sarah Gronstrand , speaking on behalf of the Atas. Homeowners Assn. , expressed it may not be in the best interests of Atasca- dero to provide services to other cities , and she encouraged further review and discussion. Mary Grace Wogge asked Council to keep in mind that the AUSD does bus a number of Atascadero children to Santa Margarita because of overcrowding here. Motion: By Councilman Bourbeau to continue this matter to the June 28 Council meeting , seconded by Council- woman Borgeson; passed unanimously . 6 Motion: By Councilman Bourbeau to adjourn as Council and convene as the ACSD Board , seconded by Council- woman Borgeson; passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT 1 . Res. 39-88 - Proposed sewer annexation - Lot 2. Blk. 1 (E1 Corte Rd. ) & incorporating the area into the boundaries of Sanitation Improvement Dist. #1 Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Bourbeau to adopt Res. 39-88, seconded by Director Handshy; passed unanimously by roll- call . 2. Res. 40-88 - Proposed sewer annexation - Lot 60 Blk. NC (San Jacinto Ave. ) & incorporating the area into the boundaries of Sanitation Improvement Dist. #4 Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Handshy to adopt Res. 40-88, seconded by Director Mackey; passed unanimously by roll- call . 3. Status on bid results - Wastewater Treatment Plant building (cont 'd from 5/10/88) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Borgeson to reject both bids received , that the project be re-bid and that the funds budgeted for this project be encumbered for use in F.Y. 1988/89 Budget , seconded by Director Mackey; passed unanimously by roll-call . Motion: By Director Borgeson to adjourn as ACSD Board and reconvene as City Council , seconded by Director Mackey; passed unanimously. 7 i F. INDIVIDUAL DETERMINATION City Council : A. Appointment of City rep. to the County Solid/Hazardous Waste Mgmt Advisory Committee Motion: By Councilwoman Mackey to continue this item to the June 28th Council meeting , seconded by Councilwoman Borgeson; passed unanimously. City Clerk - Mr . Sharitz expressed that it has been a pleasure working with Councilmembers Bourbeau, Norris and Handshy. City Manager — Mr . Hanley noted that the budget study session schedule is postponed until the new Council is seated . MEETING ADJOURNED AT 8:55 P.M. MINUTE$ RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY : CINDY WILKINS, Dep . City Clerk 8 MEETIN AGENDA DAT ITEM N `'Z CITY OF ATASCADERO SCHEDULE OF DISBURSEMENTS FOR THE MONTH OF MAY, 1988 DISBURSEMENTS: Hand Warrant Register for May, 1988 1,128.00 05/06/88 Accounts Payable Warrants 45,959. 62 05/13/88 Accounts Payable Warrants 67,683.72 05/20/88 Accounts Payable Warrants 52,245. 51 05/27/88 Accounts Payable Warrants 110 ,695.92 Service Charge-Mastercard/Visa 2.93 05/31/88 Wire Transfers 300 ,000.00 05/11/88 Payroll Checks #42553-42668 91,709.37 05/25/88 Payroll Checks #42669-42787 89,428.38 TOTAL 758,853.45 LESS: Voided Check #29990 15.00 Voided Check #40644 172.02 Voided Check #40960 161.60 TOTAL DISBURSEMENTS 758,504.83 I, DAVID JORGENSEN, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. r DAVID JOR �N S N Interim Adz inL Services Director CITY or Anson RO ; SCHEDULE of CASH RECEIPTS AND TRANSF10S, JN, FOR THE morm or,,m, 1988 . , Com, RMIPS: Taxes: Property Tax: Sales Tax 1,47 100, M Franchise Tax 3 x936 42 Livestock-Head stay Tax 74.3t' Motor ,,Vehicle In- Lieu � �►#� «+ � Cigtretter `P , tt74 , Development Impact Tax #. 4 ' Occupancy Tax 4,�4C51— Other Rece ipts s . Liceneea/Permi is�Feee w31, f 3�., P.O.S«T. Reimbursement -4,2!54,36 Fines/Penaltiao/everage12t.92 Police Reimbursements Zoo Reserve Fund Parke arra Recreation Fees Invostbent Earnings 3,` � . � oats Tax 17,7 `1.36 ' Trafi `Safety 7 i .S :. Local' Transportation , + 4« t Development Fees 11,X13.t#3. Zoo Receipts 4,1 5 .60 Rents/Concessions a -d Sal`+e - ps/Publications/Resoris 1, .X81. Special Police,, Services f 8.QCI Weed Abatement 2 -*-2 Ali pace l lneou� 6, 74� Street Assessments .116' '0 TOTAL CASH RXCEIPTS': 3-4 4,.-98 i FMW TSS RS IN. Sanitation #Und, Reimbursement -.. 06 TOTAL FUNDRATS 'ERS IN, i OTHR.CASH GEIS Reimbursement to �+�n�,Res Rei 11nC�S 120, r . TOTAL OTHER 'CASH, RECEIPTS r r _M zi i ' Com[ VTTVlTY SU���, � � r � l \ F !' '1YF— zv ADO s � �e#Is _ it t ry M1� + 1 , F'.. i � r � 33.1„61A.11 WE 1 13C t4C!. dz- ti u n � y#� � pp - Or, t y�A,��w \ 4 ? = * S t 4' 3r�F ' 1" rI��M3�,' "' 'U' :,. l/ 00i Silt tie1 $4" _ oto' " Ari tth 15 �+ + i cash- -4 fR A ?' Af "'4 i a F. t F 3 a1 i ; ji, \, p r i TO 'C i t y Counc i 1 Members Ju rte, 10, 9 8 FROM: Ad—Hoc Audit Comm i t t e o SUBJECT: ' Review of Audi t Firm Proposals ' An aids•-hc�c cr i"t tee cons j-sting of COU nc;i l persons, Sorgeson anid Bourbo4ku , Ci ty Treasurer` Gere Sibbach , and Pub1 is Mo mtwr2 iw4I'd rt Sh i er's met. Jure 9,at the request of the 'mayor . The tolm i ttee reviewed three aud'i't pr oposai � and i n tery i e�ied, rep#^�serttai I v of the three aud.i tfirms. The.,r commi'ttee`s purpoee. Wais ,to r,ecorinend ;one of the firms to the iC i ty. Counc i 1 ,�� rep men t � as i ndope dent. andit torte". As outlined in the: request: for ,,proposals documont , the ccnvni ttee considered four pr imairy factors in mak i nq its recd menda<t i on.. Theses factors were the f i rm's ex'per* i encs. " qual i f i;at i one "of personnel assigned, cost , and they au4i t approach;. Al so considered "were alp terrnat i ves related tO the { , ` e' ngth of the en9agemen t and the Transpor tat iort Funds ,audi't i The committee foun6 that all three firms abpeato.d to; bee we11 ' qua1 i f i ed to perform the c r ty-'s audit . Robert Moat an€i 04AY submitted that ,l oi4est maximum fee . liowev*►r , tha°t 'f i Fitt' rias j .aaudi ted 'the city oach year' since i hcorporat i on. Tie c omm i ttee`,s ` consensus'Was that" new audi t staff members and .a fresh aud_i t-:` ; approach were v*ry , important at this time , " and could- on1x'. Ener assured i f'.a now f rm was` se 1 acted, The h i.ghest fee was s ubmitted by Kn i ght 9 Fowl a Sage, and Johnsen # TT J .' The submitted by Safte was on y sVi�ght y 1 evs than KT P fOF thea f i rst year but sign i f s card Y l ess' i n the fol 1 6wi ng ears. Bas*d on i is rev i w, the ,commi ttee unan im 1 y _recommends:"that he Counc i 1 on�gag# I the If i rm of` GBPW for a assaEu,di tors for tide Ci t; and the Sa►n i tat i on: D i tr i c t . I t also rocommonids.`that khee? f i r e be engaged by t-he Area Counc i 1 of Governments to Audi t,, the Transportation Funds for the same period. r , f" 'i i f.; , . (., �7. -'fid rte x ,. I I I �,, ,�,�AP -: � I �, I ,� .I ,)� .� ���� f�] i - I �- :6—�-�,*,-, I- � L i / - 's.. .a� i @ �. ,. w k' �. f \ 11 3 x 4 �" 1 .Al li{.�ON ' a `P� ""fix�, } � f� �j�' �� a �fi y'" a `- �.► � �11. ', f tet` -� � _ Ir I. a , �_. a _ 1 : , , ,,, t 1 � 11(' �` kIt� I 4 s + i _ 7 fis _ ,Y+ 1�. 11 11 +. ,11�i ,4 ` rS 11, s € -11 L �' ,X�,t-'s r fi ti / 11,1:_ `� = �, ,. t v h �ya; ,,t1rrI� t i e^� f,"Il i ' �11Lk $Uty`�11111 £ kw1 �:,i!t1I I I +� G�1�" � ih+�! $ �s`r`�' � i °'n' ' fir' ' 'i'� ', +! ' + au �11 �' ' 11 ;t om .. y., C1,� I � ;' i li '�: ��!"; t J t ${iC� 7 r"i Y,ti '�:.4� i£ • W"t-' "# "t 1'' i ai d d , ft y r "I I 3Y s �. 1 '.te"e \K i6Y p[ ��,,.,i T �r , .0. 4 `l;i F '� t ," d Y$ �, 11 I' ll f 11 �1 r % "y '�CC1iI. t` '°'9�C'�er` ,i� "�,�"r,�"i '' ' {t ` N try } : ' r. $n�. ;, � '11 a # — 4v i 11,� a y ', # a w; p}py'y s !mak JI '01 t�' ✓ I �" f _ / w f`v,� �a 3 3+ ',,ill �n.�,! 'I, of~ > -r 1 ,r a \ y_" 5; , ,t,. - � a . �"q€� ' i E 1 � "� ,� a� f r r r r � x i' s ti,` ,'� ,r`'r r 1(t� r � �¢ �x 0, + � It— i . As� "'� z ' r s a 1 t , .,� t 7I — f 7 +a 4 t } 'a S Fi �, d�<4 to fixrr } 4� 1 4" r Il 4 �� u` ut ./ t .fit `z '1w ' ",' �" . 'o " •. , t? z "' � 1-11 11 I t�� r I ' S v Y y.-s ,, ,,.w,.= i..I e r ,1 r R , k vi 11 ,11 j, / y• ' tP x 7 TM. '� 4 1 ,, � F ,"4.57 K , ' f 5 �' 7e i11 "' c i. ,, ' 1 p t y Il,q � 4 1 . a y r f 3 k I x '11,-� l - S � e !' I r r > s i i v ,, i .t �fs r r t n7 �` z ''% , 11" F '1 �=11-1 j � 1�1y.; 1-1 ,a pf y}y' f f I X L� �.. i`2 Ik� �w �a411 r� {.r 'k �r i rr. �, �' 5\� 11 X e /; ,% ' ? � (Res. 46-88 can ' t . ) PREPARED BY: DAVID OR ENSEN, Interim Director of Admini$tr tive Services APPROVED AS TO CONTENT: BILL HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney • CONTINUING AUDIT CONTRACT THIS AGREEMENT, made and entered into this 28th day of June, 1988, between the CITY OF ATASCADERO, a Municipal Corporation, herein called the "CityO, and GLENN, BURDETTE, PHILLIPS & BOOKER, Certified Public Accountants, a Professional Corporation, 1150 Palm Street, San Luis Obispo, California, licensed by the California State Board of Accountancy, and competent and experienced in municipal auditing, herein called the "Auditor".. Witnesseth 1. Period Covered by Agreement. This Agreement shall cover the period necessary to make the required continuous audits for each of the three (3) fiscal years ending June 30, 1988, 1989, and 1990, • inclusive. This Agreement may be terminated by the City or the Auditor without cause by giving written notice to the other party not later than April 1 with respect to any fiscal year. Should the services of the Auditor in performing these audits be deemed unsatisfactory at any time for any reason whatsoever, the City may terminate this Agreement by giving written notice thereof to the Auditor at its principal place of business as specified in Paragraph 16. Any personnel engaged by the Auditor under the terms of this Agreement shall also be terminated by said notice, and each employment of such 1 Spersonnel shall be subject to this provision. In the event of any said termination, the Auditor shall be entitled to the reasonable value of its services involved in the termination, as determined by the City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Nothing herein contained shall preclude the City from contracting for such further services as may be required in order to enable the City to properly carry out its audit duties according to law. The Auditor agrees that all accounting personnel shall be persons not connected with any City agency, officer, or employee. 2. Scope of Service. The Auditor shall, at times and places designated by it and mutually acceptable to the City and other auditors, if .any, perform all of the following in compliance with the specifications and standards provided by the City: A. The audit shall be made in accordance with generally accepted auditing standards and the provisions of Standards for Audit of Governmental Organizations. Programs, Activities and Functions, promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits. B. The audit shall include all account groups of the City General Fund (and any other related funds) , Enterprise Funds, Special Revenue Funds, Atascadero County Sanitation District, Capital Project Fund, Debt Service Fund, 2 and Special Assessment District Funds of both the City and , Atascadero County Sanitation District. C. The Auditor shall perform an audit of Federal programs in compliance with the Single Audit Act of 1984 (Pub. L. No. 98-502) and the provisions of the Office of Management and Budget's Compliance Supplement for Single Audits of Grants to State and Local Governments (the Compliance Supplement) . D. The Auditor agrees to review the business systems and procedures of the City as part of the annual audit, and to submit specific recommendations designed to strengthen internal controls and improve the effectiveness of the systems and procedures. It is expressly understood that the specific recommendations would relate only to areas requiring significant corrective action and would be discussed with appropriate officials before the letter is issued. E. The Auditor shall prepare and furnish twenty five (25) copies of the audit report and ten (10) copies of the management letter. F. The principal of the firm, the person who signs the completed audit report, and the person responsible for and performing the major part of the audit, must be Certified Public Accountants, or Public Accountants licensed by the California State Board of Accountancy. G. The date of delivery of the audit report to the City Council shall be not later than one hundred eighty (180) days following the close of the fiscal year, provided the 3 . financial records are available for audit by August 25. For- subsequent years, the report will be delivered no later than October 31 following the close of the fiscal year, assuming the financial records are available for audit by August 25. H. Periodic reports on progress of the audit shall be rendered by the Auditor, as requested. 3. Administration of Duties and Obligations. The City shall cause to have provided without charge adequate working space for the Auditor, said space to be the same from visit to visit, if possible. 4. Compensation, A. The City shall pay the Auditor for services performed at the following per hour rates: Shareholder (Certified Public Accountant) $95 per hour Manager (Certified Public Accountant) $75 per hour Senior Accountant (Certified Public $45 per hour Accountant) Staff Accountant $35 per hour Typist-Clerical $25 per hour B. The annual maximum fee for services, including costs and expenses -(including but not limited to travel expenses) , under this Agreement shall not exceed the sum of $14,000.00 for the year ending June 30, 1988, $11, 670. 00 for the year ending June 30, 1989, and $12,255.00 for the year ending June 30, 1990, respectively. 4 C. In arriving at the audit fee for each fiscal year, it is understood that the Finance Department will assist the Auditor to the extent practicable in the completion of the audit, including assistance in locating supporting documents and preparation of supporting schedules, account analysis, and the financial statements. . If an unanticipated situation should arise which will require additional work, the Auditor shall be entitled to apply to the City for supplemental compensation at the per hour rate specified in Paragraph 4.A above. Such supplemental work will be paid for only upon mutual agreement of the contracting parties in writing prior to the performance of such work. Payment shall be made per invoice submitted monthly by the Auditor or less frequently at the option of the Auditor. 5. Indemnity. The Auditor shall hold harmless and indemnify the City, the City Council of the City of Atascadero, its officers and employees, from every claim, demand, or liability which may be made by reason of: A. Any injury to person or property, including death, sustained by the Auditor or by any person, firm, or corporation employed by the Auditor, directly or indirectly, upon or in connection with the services hereunder, however caused; and B. Any injury to property or person, firm or corporation, caused by any error, omission, neglect, or i 5 • tortuous act of the Auditor, its officers, agents, or employees, upon or in connection with the services hereunder, whether the injury or damage occurs upon or adjacent to the premises where services hereunder are performed; and C. The Auditor, at its own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the City or any claim, demand, or liability, and pay or satisfy any judgment that may be rendered against the City, the City Council, its officers or employees, in any such action, suit, or other proceedings resulting from services performed under the terms and conditions of this Agreement. 6. Insurance. The Auditor shall, at its expense, take out and maintain during the term of this Agreement the following types and amounts of insurance insuring the Auditor: Professional Liability Insurance; "Errors and omissionsm policy providing coverage on a claims-made basis in an amount of not less than $500,000 for each occurrence, to cover all services rendered by the Auditor pursuant to this Agreement. Before or concurrently with the execution of this Agreement, the Auditor shall file with the City a certificate or certificates of insurance, issued by the insurance carrier, covering the specified insurance and a complete copy of each insurance policy. Each such certificate and policy shall bear i 6 an endorsement precluding the cancellation or reduction in . coverage of any policy before the expiration of thirty (30) days after the City shall have received notification by registered or certified mail from the insurance carrier. 7. Auditor as Independent Contractor. The parties intend that the Auditor shall be an independent contractor in performing the services provided by this Agreement. The City is interested only in the results to be achieved, and the conduct and control of the Auditor's work will lie solely with the Auditor. Except when specifically authorized by the City, the Auditor is not to be considered an agent of the City for any purpose. The Auditor, its agents, officers, and employees, if any, are not considered employees of the City and are not entitled to any of the benefits that the City provides for its employees, including Workers' Compensation Insurance. The Auditor shall maintain such insurance as will protect it from claims under Workers' Compensation Insurance Acts and shall furnish evidence of such coverage to the City. It is understood that the Auditor is free to contract for similar services to be provided to others while under contract with the City. S. Assignment. Inasmuch as this Agreement is intended to secure the specialized services of the Auditor, the Auditor shall not assign, transfer, delegate, or sublet this Agreement or any interest therein without the prior written consent of the 7 SCity, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 9. Governing Law. The validity, enforceability, and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 10. Severability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 11. Availability of Funds. The City's obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funds from which payment can be made. No legal liability on the part of the City shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 12. Nondiscrimination. The Auditor shall comply with the applicable provisions of Presidential Executive Order No. 11246, dated September 24, 1965, including, but not limited to, Section 202 of said Executive Order, which is hereby included within this solicitation by reference. The Auditor shall also comply with all other applicable orders, regulations, and laws governing nondiscrimination in employment. 8 13`. Conduct of Auditor. • A. The Auditor agrees to inform the City of all the Auditor's interests, if any, which are or which the Auditor believes to be incompatible with any interest of the City. B. The Auditor shall not, under circumstances which might reasonably be . interpreted as an attempt to influence the recipient in the conduct of its duties, accept or seek any gratuity or special favor from individuals or organizations with whom the Auditor is doing business or proposing to do business, in accomplishing the work under this Agreement. C. The Auditor shall not use for personal gain or make other improper use of privileged information which is • acquired in connection with this Agreement. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to medical, personnel, or security records of individuals, anticipated material requirements or pricing actions, and knowledge of selections of contractors or subcontractors in advance of official announcement. D. The Auditor shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee of the City. 9 • 14. City's Designated Representative. The City designates its City Manager as its "designated representatives. The designated representative is authorized to review the services of the Auditor and to authorize extra services by prior approval in writing. 15. Materials and Documents. Except as otherwise specified in this Agreement, the Auditor will bear the cost and expense of all facilities, materials, supplies, and publications used or needed by the Auditor in the performance of its services and development of the work products to be delivered to the City. The City shall be the owner of all documents produced by the Auditor on the City's behalf. Ownership shall commence upon submission of any document in final draft form for consideration by the City Council at any regular, adjourned regular, or special meeting, whether in open or closed session. Letters and other writings produced by the Auditor on behalf of the City not requiring City Council action shall become the property of the City when the Auditor affixes its signature thereto. The Auditor may retain copies of the original documents for its files. Preliminary drafts and other work papers are the property of the Auditor. 16. Notices. Notices pursuant to this Agreement shall be given by United States mail, postage prepaid, addressed to the parties hereto as follows: 10 A. City: City of Atascadero Attn: City Manager P.O. Box 747 Atascadero, CA 93423 B. Auditor: Glenn, Burdette, Phillips & Booker 1150 Palm Street San Luis Obispo, CA 93401 17. Time. It is mutually agreed that time is of the essence in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate, the day and year first written above. CITY: AUDITOR: CITY OF ATASCADERO GLENN, BURDETTE, PHILLIPS & a Municipal Corporation BOOKER, Certified Public Accountants, a Professional Corporation BY By Mayor BRADFORD M. HAIR, C.P.A. ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN, WILLIAM HANLEY, Interim City Attorney City Manager JGJ: fr/6/23/88 A:AGATA657 11 General Provisions 1. That said audits will be conducted in accordance with the requirements of California statutes and in accordance with generally accepted auditing standards as follows: A. General Standards: (1) The audits are to be performed by a person or persons having adequate technical training and proficiency as auditors. (2) In all matters relating to the audits conducted pursuant to this Agreement, an independence in mental attitude is to be maintained by the Auditor or . Auditors. (3) Due professional care is to be exercised in the performance of the audits and the preparation of all reports. B. Standards of Field Work: (1) The work is to be adequately planned, and assistants, if any, are to be properly supervised. (2) There is to be a proper study and evalua- tion of the existing internal control as a basis for reliance thereon and the determination of the resultant extent of the tests to which auditing procedures are to be restricted. (3) Sufficient competent evidential matter is to be obtained through inspection, observation, inquiries, and 12 0 • confirmations to afford a reasonable basis for an opinion . regarding the financial statement under audit. C. Standards of Reporting: (1) The reports shall comment as to the consistency (1988) or inconsistency (1989 and 1990) in accounting principles and procedures observed in the current period in relation to the preceding period. (2) It is the intent of this Agreement that these audits, whenever possible, concentrate on governmental efficiency, economy, and modern accounting systems and procedures, and, therefore, the Auditor shall include in the report its opinion as to these items. (3) Informative disclosures in the financial statements are to be regarded as reasonably adequate unless otherwise stated in the report. 2. That insofar as is applicable, reference shall be made to "'Governmental Accounting, Auditing, and Financial Reporting," by the National Council on Governmental Accounting, hereinafter referred to as "N.C.G.A.", in its latest edition, and authoritative statements and interpre- tations issued by the N.C.G.A. or its successor, for clarifi- cation of accounting principles, auditing standards, reporting standards, and terminology acceptable in the conduct of these audits and preparation of the financial audit reports. 13 i T IWORANDUM To; Honor ab l 0 !Akyor and ,City-'Counc i 1 Through.- William �n16Y ,interim Cite Manager), rot Paul X $oneib �g�h> Director cif:;PubI is Wor���C�t� .� no ° . Su ect t, 'fie aura a i � Fbrt�a l a Rd Norrr Rd. toxirc f: une , N e�cc►m�arendat i on: .Ste` recti~ ndec , that Council approve the":t, 1 � for, the �s�ee�ial t� Background: Thi CaiQrnia State Ruth ,Turn nt_ : + r .tom d: divieaan will be held' in �Itacadero ; ria atrdaY. , n - &turdiy.` 3uly -30. �Incorder tQ. faci I itate par i.n3 `:aid (h a rt okvxiiate 1 Y` 100 ba l 1p l ay#rs'` tat any 4 kye n tAl ;anci t 9 here 1 p4bl'ic; it hay bars .r' q ted >that, Fart©1a be ble s t ^ t.± tom^ traf f i.c dur i nthe actual *v*nt. ,y 1 l 4, Discussion: The actual c u ss, will only be an hd� -or two the scheduled ba 11��s The 'fi rs t day w1 l 1 �t�va�1±,� ab ' _Clt► ►ure. 8,';hrs -.thy : second. hiid $nd� fourth, d V#. i+t� t �. the :remaining A ! arrica wi l l be s��pl�+ed�`.byr, 't dad ndent upon a x lab i 1 i ty l -Qr, babe Ruth and,w 1 be, Ruth :under. h�'dir cti n o Publ i c r u, tI l rlsida?Snta ih the area wi 1 l: have at leeat ore ace '`t�.ttea�r f hiome9. and in Ca, 'i two si rectiona will l be ,-o on. t, ude+ a St wi 1 l 'b l ocke�d, �t the F©rto l end '%but. Wil 1` ha. a�a� . . w fry Curlaari 1 . etched is P shaawins �e`;mea aece the G ' ' ©catiars Also is l '3 i 4r each daV The Pg1'ice, anal Fire Dep4 h gip' and, sc dul"e dor, Meir use: l l s'tr ;ets bra 1 I'w c el ; nim. ".i,sc.'aI' Impact The iaccts lift to °1PassiblY su ► lYhg ricdea s °nertructa�n, fc�r the �:uae of the same, and. :Js eect�ed.. t'a .be �a r� a Auth mi 11 handle the clean up procedures., { F r ? n tl 164, i fig(. E VIA x ftl i't �` P�j r• 1� `#' � � s I f , Ad to CA C&I .y ro i - IW lllj p TO: City luue VIA: Sill4tanley, Interim City Manager J 4t ICTk 4 ept a ref":Final Lot L: e, 'Ad ce \t" in 11*47 ` 4 LOCATION,: ' 7; a h Carmelite/75 Curbax , ! APPLICANT: Tran Benchlnon.:Stanley (Cahtral ':Gust n i ° `n - an A stat 11, .,9 7, the-, icy Council l aPPv0ve4 Lot Ll 4NA, »,87 subject`=moo. ert'ai ©nd tiara nc n �crxcu -I on ' ill, t , ecr mere a i rn of the -P An in c mm asic � :. ra ccsndt . ra` have, beer }. cmled, w3th and,' they . fna ',' lc�hw' lvvv adjustment is roe o ed` 'far appr6 alr !MAS. UAB: J At. t a uno i4; �9$$ CCS pit i��tinch, ��, . T©� �� � -A kid thatr iter' be ' s t e+ ; from 'tete aonsont ,a Oal fb -qu tidnod,A*tatla,%of the map. The, mat tor,Was . 0,Ati * tb -410 ., Mr. 8erich t ► l:ar with s�taf that the is the map 'boin a► ov d. Th�.s h'a be 3 s• rt Siad f .. p ►valk ,:po r, ( et: ' ' rn 88nh , x Don , tanley, � 4F Central Coast Engineering , + 1 , r 4 el a l \ ! t p CITY OF AMkSCADER 4f 1# y i I �xAl517 8 . . . ; CITY F ��. . �, O ATASCADERO T4PA43 1vd Maio S-esu!■4 ~ . �e79-7 CAD COMMUNITY DEVELOPMENT DEPARTMENT LLAT 17- -8'7 a ill kk v w o V, Vr lIJrlc L�=� �a+ ��s- arc' =; • � ' r' LQ d� � t r M -M0x 'ANDUM To.-, City meager,Bill Wiley and C4 ne t1 r r ism. chief Of Poliie lx Auctix of Ucldiud Pra ++erty, {Zte fd�r 1F; ala jute:;: 1958 � PATE: June- 19 f 1988 pp�� sp s 4uthorize the poUo , dapart,tri offer for auctioi 09:30, �► ; S,e utdety July 23z. 198 3, lost` unclad property Ap�rie ril r eyc; e with in i eepi all'alplicahl+e Civil and mea , nt C Pry aa« � k, t• '` ' µ 4 F. B 'tion, (authorize the awtiou of unclaiied property;im fft4i d a , ,< At =th�9s r�ese�nt t:L*e,.t�e�.pgl3ce dspar, t a lar , a#� # x ., -propiartr vhich say,now be disposed: ref within the- iAO 0 t � AsO*I,'�@►avegp�y _1p t tardy a pry cty s�l* f or over + Y x,�=-ate,prc�O to= j4 VT.iR a'fJiF�l,. The: polize deportment x.11 ccrordiaaate 'the.. eAls as,vmm�, t m_ca � (tee Abe' �e1d #a ft t a , t} +e 3.ic+e statitau), aid erill e a t.i�a the a aril E assistauce� fr+ u i tnta pek tmaut: mill wexisting lutnt aT -a + x3l tb�e�`'Ci,ty X11;t�btafxi xe'Venue frc protieds. 'i. , r f era: .rr, Jar a sen, Act 4.nAdmin. Svs Uir,, Lt, act w.CBOL d , ' ` PUpatch M f r . T i� , r" a y (� t ♦ f ,CdWy' Council ,'g; t� �y Int �w 1 J�.,� .€iiA. J �v .'ia4rcMti, iLB L.4�) 4'dQyic�f Fria: c► Post 'Parksland, Recroati6nbii Otorrw } ,�, x ` �joot t Cbntract A4 a nt , ._Nfaray "ev�� s / ?o !ya}��rg��o, 1.��4y. y�y3� .may � r {i y���� � � y@ �t j�j � f maittenan6a contre... t 4Ki .43iII-'.._..g "7+ .'-"R Lr`� Frame-.;Or" ing �br�dlCe 'Th+�" cont3romt. I for: a," t Y� p ri+c ,. r ith% a' total p�#'Yt�le3'�,t"of X62. $�.,. br �3i,�i� r 1,' ; s y r Year. 1tt that., t � they; cc�r�tract wary- nt t av tl,. r�. b , n- .� -gip;+}_wJ� 1,approval� }y� +� y�.,�, 5� . tho r izo; ��' V ii. it .R#!� `fir W «•i �. Yh rn} �riacontr e � owing., ertiri es. W+I6 ! �.rtl da "41, ir� r# 4 tau 3 ,,Wbikers Cotiowmate cin T napcec. orand s fir, �ifstra ta►r to' intain , in full farce ",a � effect tcn of, th; san .r, ix�bie� iaatra�rxc+ � «Contrac car Iq fwvo .all required `dQi&tri r ricikkhln Not.Up ,�Proceed ,from the Ci£'r. � q y� +yip bo cont �.ct .,i''�F per ".3 /r .�! � 44 I 4 ^ e 'Stat wo. Th represents an 'in r ► 435+�,; fcmain, aaneca,,I'ii ce ,,farci -t ei.= t i t 4 J whi C ► W" approved by, the CC3uhc' ?�1 f-r i bLtd�et -for :' $tiEl {` t , f F $th ,' y of ietwooktha CITY tOF' ' ' � hr�rna �*, r.fr Grim ftwing\ rots, rvi ctor X LOAM hdi in' _ r0i of the mutual CC?v!!xl -'agr4 as ? , `s , tiContractor shall the � iiuiiirtrat ib W ro d 5 aka l atk, Alvord Pl' �, t Hca a �a<< a ,. Ate di a tray -Pal Cm—'ok ��rk. nd ' rt - t t ` 2, Li✓ ` i l ted. ax`'+! j'O4aatad A 1 , Sunken ado inl ttOtfcirc: 'Ate cadre } 4., 1vord a t d . ' k �1�ark as _ rekk � f Q `eta l ' -bo or I � 11 `" t# �i t tai:"�� t { WO " " :fit' ") � . � �#ta�� @�.� �t�1`�, ' �t�tr�tt , Land loa' c� `t < tom, '° a `` Mare . :�- 4.' , 1 a�i,tn + to< n _"� psis. A- IA. � x:,t, trash ate' -t a to tai a b a r I .. < / 'moi .. �pr ior .�r� f d 'to a bot neat oond tl t ti e * be fr r i` iJI , j once a < ` tie, rr *taears " '.urait : 'f a _ at a whi ch,:-Mi"�� c t `. ,° i t ,. - mount df, ell ► aha: < cid tt a I n tao}dot�rm ata °`", tea, contract 1 3) FIRE STATIONS: Grass clippings shall be caught and removed at both Fire Station No. 1 and No. 2 . The contractor shall be responsible for picking up litter as needed on lawn areas prior to mowing. 4) WATERING: Lawns shall be watered at such frequency as weather conditions require, to replenish soil moisture below the root zone . Application shall be accomplished between 9 p.m. and 7 a.m. , with a maximum of no more than 3 hours per setting. Sprinklers shall NOT be left on one setting overnight . Watering at Paloma Creek Park is not part of the bid process. Prior to March 15 watering shall be done as needed, and determination made by Parks staff . Irrigation will be by placing quick set sprinklers in the Sunken Gardens, Park and Median area and by manually operated lawn sprinklers around the City Administration Building. The contractor will be responsible for obtaining the quick set sprinkler heads from the City and returning them when irrigation is complete . The contractor will provide security for the irrigation equipment during periods of lawn watering. Irrigation will be accomplished in two (2) settings per week, at intervals to provide the most satisfactory moisture level . Normally, a total of one and one-half inches of water are needed weekly in hot weather, but not all at one time. Water run-off across pavements and into gutters will be avoided. 5) Grass seed and fertilizer will be supplied by the City to be applied by the contractor. Seeding is accomplished on as needed basis; fertilizer is applied twice yearly -- spring and fall . B. Term of Performance The term of this bid will be for two (2) years from the date of execution of this contract . (July 1 , 1988 - June 30, 1990) . C. General Conditions The undersigned agrees to perform the above described work in compliance with the specifications and following General Conditions : 1 . The Contractor shall furnish all supervision, labor, and equipment necessary to perform the work for maintenance of the facilities as defined under these specifications . 2 . The Contractor shall have a City Business License, to be kept current during the term of this agreement . 3 . Contractor shall use department approved reel or rotary mowers . 4. Payments shall be made to the Contractor on a monthly basis within 10 days after the close of the month. 5 . All water will be supplied by the City through the existing water meters at no cost to the Contractor; however, the contractor is expected to eliminate any wastage from over watering. 6 . Weed eating as necessary is included as part of this contract. When the contractor is notified of a performance deficiency as per the specifications and the deficiency is not corrected within 48 hours the City will take care of the problem and all costs in connection therewith will be withheld from the Contractor' s monthly payment . In the event the contractor does not meet the terms of the contract, the City of Atascadero may, after giving written notification of deficiencies and they are not corrected, terminate the contract for non—compliance with contract terms. D. Coordination. In the performance of contractor's service under this Agreement, Contractor agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator, herein designated as the Senior Park Maintenance Worker, and also with the following City officials : Parks and Recreation Director. E. Contractor' s Services . Insofar as they may be applicable to the project contemplated by this Agreement, Contractor shall render the services and furnish the work tasks as described in this agreement , commencing with receipt of a Written Notice to Proceed signed by the Parks and Recreation Director. F. Fee and Provision for Payment . The City shall pay the contractor $2,595 . 00 per month for services rendered from July 1 , 1988 — June 30 1990 . Total contract amount is $62, 284. A discount of .75% to the City will be allowed for payment within 10 days from date of delivery of the monthly statement . Discounted payment will be $2,575 . 54 per month. G. Payment for Extra Work or Changes . Any claim for payment for extra work or changes in the work will be paid by City only upon certification of the Parks and Recreation Director that the claimed extra work or change was authorized in advance by the Project Coordinator and the Parks and Recreation Director, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Contractor within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. H. Termination of Agreement. Either party shall have the right to terminate this agreement upon giving thirty (30) days written notice of such termination to the other party. In the event of the termination of this contract in its entirety, notwithstanding any other fee provisions of this agreement, based upon work accomplished by Contractor prior to notice of such termination, City shall determine the amount of fee to be paid to Contractor for his services based upon the provisions of this agreement, and such findings of City shall be final and conclusive as to the amount of such fee . I . Covenant Against Contingent Fees . Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement . For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. J . Contract Personnel . The work to be done pursuant to this Agreement shall be done by Frank Grim Mowing Service, and personnel in the employ or under the supervision of Contractor who shall be approved by the City. City reserves the right to reject any of contractor' s personnel , and City reserves the right to request that acceptable replacement personnel be assigned to the project. K. Indemnity Clause . Contractor shall defend, indemnify, and save harmless the City of Atascadero, 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 notlimited to, any negligent act or omission to act on the part of Contractor or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City ' s agents, servant-s, or independent contractors who are directly responsible to City. L. Insurance. A. Errors and Omissions Insurance. Contractor shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $500, 000 to cover all grounds maintenance services rendered pursuant to this Agreement . B. Automobile and Public Liability Insurance . Contractor shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement . The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personnel injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $500,000 . The following endorsements must be attached to the policy or policies : ( 1 ) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence" . (2) The policy must cover personal injury as well as bodily injury. (3) Broad form property damage liability must be afforded. (4) The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effect by City will be called upon to contribute to a loss hereunder. (5) The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement . (6) City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance . C . Workers Compensation Insurance. In accordance with the i provisions of Section 3700 of the Labor Code, Contractor shall be insured against liability for workers compensation or undertake self—insurance . Contractor agrees to company with such provisions before commencing performance of any work under this Agreement. d. Copies of Insurance to City Before Commencement of Work. Contractor shall provide certificates of insurance to City prior to commencement of the work of this Agreement . Certificates of insurance are necessary before a Notice to Proceed will be issued, and shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Contractor may be held responsible for payment of damages resulting from services or operations preformed pursuant to this Agreement . Contractor shall not perform any work under this Agreement until he has obtained the required insurance and until the required insurance certificates have been submitted to the City. If Contractor fails or refuses to procure or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement . M. Status . Contractor shall , during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. N. Modification of Agreement . This Agreement may be modified only by a written amendment signed by both parties hereto. 0. Law Governing. This Agreement shall be governed by the laws of the State of California. P. Communications . 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: Parks and Recreation Director Contractor: Frank Grim Mowing Service c/o Frank Grim P.O. Box 482 Templeton, CA 93465 ACCEPTED AND AGREED this 28th day of June, 1988. CITY: CONTRACTOR: CITY OF ATASCADERO a municipal corporation ----- B _ By - --_ Mayor FRANK GRIM Owner ATTEST: --------------------------------------- Boyd Sharitz , City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: - --------------------- ----------------------------- Bob Best , Parks and Recreation Jeffrey Jorgensen, Director City Attorney RWA TO: City<06une it Wil li-am ,Manley Trom: jnte;im_ Clty Manager Date; June '28;, , ,1988 S b jectz Approval. 'of Contractrenewal-* .th CMC` It is,,recommended that the City Coutwil a0proyo the, ronewa�. of tho contract with for the perio,44uly Ir 198£ Juni fl,,. 198:9. "RISCULM SSON The City' h,as ,had a contract with`,CMC side 198 �< contract is for the use of:04C work ar etts to helg. ,with a-- ari of City projocts.projects. Thersw haus boo' used by. the larks 'Vepart- . meat and tie Public t�± rks tepartmernt , -The contract 'is being amended -tq continue the availa of the stork;crows through June 30 , ,1"9 . 1, 1 e I i t , F t f , 5 I. , e r is - . , N, t r t AGREEMENT' BE rYEEN-TF E CALIFORNIA MENS` CO Y ;ANO CITY OF ATASCADERO This Agreement e and entered into by the 'Cal i for-AIA', Mens. Colon ep r nt C trrecti, s, hereafter' ref�erre to : s "CMC" and City of "Atasc4dero hereafter referred to \ 'WAGENCY"'. Witnesseth: That the consideration-of- the covenants , conditions, 'agre nts=:'atr = tipu 'ationa :hereafter expresrs+ c do ' hereby agree to Turn i ,services.:and t rials ,ai follows* 1 . Recitals 1 .01 AGENCY has a need for �unskil"led :iaborexs�, .. �r perform general, maintenance work.--and,CW; bas .uw, Iw"It _ laborers available to perform such 46rk. 1 :i 2 A 1CY ;+desires to, engage CMC ► an Inde went s contractor to provide services with the ActNCYs 1 .43 'fie "Pu r a of -this Agreement is to,"prow.ide ar i. meaningful, useful and mares able, work program ss pert : + C the. work incentive of inmates tes at CMC to< fender s pili. service. Under 'ho circtimst4apts are inuWtes, cif.; be considered J or agents during the period of assignment t CY .,projects. " ,20' Obligation cif .0,1 CMC wi:l `4pro ridea work force of custody a3 ly qualified w ,rkers can perform unskilled lr . for ,general maintenanc+ ori the properties under the jt�risdiction cif. the AGENCY., I i • 2. 02 CMC will assign said work force to the AGENCY . between the hours of 8:00 a.m, and 4: 00 p.m. , no more than five ( 5 ) days per week with Saturdays, Sundays and holidays excepted. 2.03 CMC will not commit inmates to AGENCY projects on days that the AGENCY cannot utilize their labor. 2. 04 CMC will transport inmates to and from an agreed upon work designated site. 2.05 CMC will determine the amount of inmates that will be committed to a specific work site based on safety/security factors. Crew size and availability will be controlled by CMC. 2.06 CMC will retain custody of the inmates at all times during the course of work with the AGENCY. 2. 07 CMC will furnish custody supervision to be responsible for each crew for the discipline, security, control, welfare and safety of inmates. 2.08 CMC will perform all necessary paperwork regarding hours worked, mileage, people used and accounting procedures. 2. 09 CMC may reject any project which the institution administration feels could jeopardize the use of inmate labor or bring undue criticism to the use of this resource. 2 . 10 CMC will provide lunches and beveragetfor the inmate crews. ii • 0 2. 11 CMC will temporarily suspend work on any project without prior notification based on unforeseen custodial • or situational circumstances. Written notification will be given if suspension will exceed 24 hours. 3. Obligation of AGENCY 3.01 AGENCY will receive the services of the inmate crews between 8: 00 a.m. and 4:00 p.m. of each work day (minimum of six (6 ) hours) . 3.02 AGENCY will provide heavy equipment and operators and/or specialized tools to said work details so as to enable the inmates to perform assigned work. The AGENCY will maintain said equipment in workable condition. Under no circumstances shall any inmate be permitted to use equipment or tools that he is not trained to use. 3.03 AGENCY will provide plans, material and technical guidance to the crew supervisor as necessary for all projects to be completed by CMC work crews. 3. 04 AGENCY will provide CMC with information on size and location of projects. The work crew supervisor will ascertain the crew size and apprise the AGENCY on crew availability. Advance notice of curtailments on a project will be provided by the AGENCY. 3. 05 AGENCY will provide portable toilet facilities if a permanent toilet is not on or adjacent to the. job site. AGENCY will also be responsible for the% transporting of the portable toilet to and from the job iii • site. 4 . Payment 4. 01 AGENCY will pay CMC for any work force assigned to the AGENCY at $2. 00 per day, per crew inmate, and $2. 50 per day for an inmate leadman and a swamper. in high population density areas ( i.e. within city limits ) crew strength will be limited to a maximum of fifteen ( 15) inmates per supervisor. 4. 02 Miles traveled to and from CMC in one days time will be charged at the rate of $ . 35 per mile. 4.03 CMC will submit a detailed statement to AGENCY each month which sets forth days, hours per day worked, miles to and from CMC, and number of inmates in the work force assigned to AGENCY in the month immediately preceding. CMC will add 30% to the monthly statement to the AGENCY ( 10% to be placed in the Inmate Welfare Fund, plus 20% for administrative costs ) . AGENCY will pay said statement within thrity ( 30 ) days after receipt thereof. 4.04 CMC shall have sole responsibility for disbursement of these payments to the personnel involved. 5. Work 5 . 01 The work force assigned by CMC shall only perform general maintenance on property of the AGENCY. Under no circumstances will said work force be used on public works projects or projects requiring skilled labor A projects requiring public bidding. iv 6 . Relationship of Parties 6. 01 It is understood that the contractural relation- ship of CMC to .the AGENCY is that of independent contractor. The work force and agents and employees of CMC on assignment to the AGENCY are not, and shall not be considered employees or agents of the AGENCY. 6. 02 Any obligations to provide worker' s compensation insurance or to pay prevailing wages shall be borne by CMC to the extent that such obligations may apply, except as specified by law (Sections 3370-3371 , Labor Code) . 7. Liability 7.01 The AGENCY and CMC will each be responsible for its own negligence in the performance of this contract and for resulting injury or property damage. Each party . agrees to indemnify, defend, and hold the other party harmless from claims of damage or injury resulting from its sole negligence in the performance of this contract. 8. Termination 8.01 This Agreement shall terminate June 30 , of each fiscal year, unless it is extended by written notice from AGENCY to CMC, said notice from AGENCY being accepted by CMC. Agreement shall be extended at twelve ( 12 ) month intervals. This Agreement may be terminated by either party upon thirty ( 30 ) days prior written notice thereof. 8. 02 This Agreement may be renegotiated or%modified by either party on a fiscal year basis. v 9. Assignment • 9. 01 Neither party shall assign any rights or obliga- tions under this Agreement. 10 . Notices 10. 01 Notices to be given between the parties shall be in writing and may be served by depositing said notices in the United States Mail, First Class and postage pre- paid, addressed as follows: California Mens Colony City of Atascadero P.O. Box 8101 P.O. Box 747 San Luis Obispo, CA 93409 Atascadero, CA 93423 11 . Amendments 11 . 01 This Agreement shall not be amended except by an Agreement in writing signed by both parties. IN WITNESS WHEREOF the parties have executed this Agreement in the County of San Luis Obispo, State of California, on the day and year first written. CALIFORNIA MENS COLONY CITY OF ATASCADERO Department of Corrections Dated: W. ESTELLE Warden Dated: Dated: ATTEST: 4 C.J. Salvato Associate Warden • Business Services vi ..� DA RESOLUTION NO. 44-Be RESOLUTIONOF THE CITY 'COUNCIL OF A THE CITY OF ATASCADERfl APPROVING AN ADJUSTMENT TO THE DEVELOPMCNT 'FEES ADOPTED IN CITY ORD IMANCE Na. 119 WHEREAS the City Council has previously, adopted qr-dina�sce No . 119;. and WHEREAS; the ordinance calls for the annual adjustmant in the Development Fees per the most recent increase in ' th4± Los Angeles Long -Beach index of the CPS ; and WHEREAS, 'the annual increase equals 4,4%;, and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero adapts the attached fee schedule for Development Fees effective July 1 , 1988. On motion by Cou`nei }.person and d:, by Ccauncilperson , the foregoing resilu.ti- n is hereby adopted in its entirety, on the following roll c4ll . Veit : a AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO$ CALIF99N,1A . By: , ATTEST: BOYD C. SHARITZ, City -Clerk \ Y �t PREPARSO i✓ w. t DAV UNSA`EO a 1 t4,1 m Oi'T'l?'C turf J APPROeD V ii .t 1 CONT v. y r e a 1 � , BILL. �'7�4+, T i� J.7`i. ;-i E i t APPROVED AS Ttl' FORM:, FF REY G. J RS � `[ � '., r ^w - i � a ,t CHANGE IN DEVELOPMENT IMPACT FEES - ORDINANCE 119 NEW RATES EFFECTIVE - 07/01/88 4.4% INCREASE IN CPI 07/01/87 RATES SINGLE FAMILY MULTIPLE FAMILY COMMERCIAL Drainage $0.036 sq . ft . $0.077 sq . ft . $0. 148 sq . ft. Traffic 0.001 0.023 0.524 Bridges 0.084 0. 132 0. 165 Roads 0.036 0.057 0.070 Parks 0.016 0.324 0.000 Police 0.009 0. 198 0.305 Fire 0.009 0. 189 0.292 Bldg . /Grounds 0.087 0.087 0.087 Total $0.278 $1 .087 $1 .591 07/01/88 RATES SINGLE FAMILY MULTIPLE FAMILY COMMERCIAL Drainage $0.038 sq . ft . $0.080 sq . ft . $0. 155 sq . ft . Traffic 0.001 0.024 0.547 Bridges 0.088 0. 138 0. 172 Roads 0.038 0.060 0.073 Parks 0.017 0.338 0.000 Police 0.009 0.207 0.318 Fire 0.009 0. 197 0.305 Bldg . /Grounds 0.090 0.091 0.091 Total $0.290 $1 . 135 $1 .661 \ord119 4 s, M 8 WO R A N D, U M TO:, City Council: June .8 9E Vt� 'kil1iam Hanley, tnterim` City Manager FROM: Henry Etgen, Community Development Director AV&; ; A S`C�BJEC : Alccept c of Pinal Parcel "Map -$ 'a LOCAT ON: 7450 Santa Cruz Road APPLICANT: Las Encinas (Cuesta Engineeriag) On- April 2 6,Y, 1588, the, City Council Apprtyci 'Pargel` Map` -S subJect ted; certain conditions , and in coneurr.eno , with:.. tit recommendation of. the Planning Commission., The red conditions have been complied with. and the final mab i ' recommended for approval: ` wpS. f CC. Las Fncinas F Cuesto,Angi eering ; k , 1 i s f 1 t mut, . id 1 3 � T 1 l � IL r l . FY ��f /1✓ �t..' fit ii� ,'� ..'hL � ,s''r 1 ,:s � � s M 8 M p R A M D U M TC: City°\CoUncil 'une 28, VIA: william.: 4anley, Interim" City t anagen FROX: Henry Ingen, Community 'Develop ent 1 =ir :ct r . RE:`. Request for Continuation, of Contract S"tpy4,e sage, Building Inspector) BAC OU Mr. Le Sage has been serving as a full-times Suilding Ins ectpr under contract {since May, 19816. His latest. contract --expires �n 3Q, 1988 and, under the base level budget, is extended through fiscal year 1988/89. , Given, the fact at k " budget will not be adapted by the end .of the' ..fiscal year," we-are requesting, extension of the contract at. tha. , ti . It should be noted that the Department ;has requested' th t t ppsition be{ Stade permanent under _New and,"Sxpandad, ie vice " f*r "Fiscal Year 1988/89.. They <additionil cost ,;to the" pity ' approximately ',$3, 0' whish will provide Mr. Le $age. with frim � benefits :ai�,d >recluce, the chances of losing a, g9od employ e r CQMMSATLON: f Authorize> the .City ,Manager to sign the atd=tacheI'mpl yptu r Agreement: with Scan De Sage. ' IDA * Enclosure: Employment Agreement . ,, , l i 4 4 i1r h ! 1 l k to Rt" Or ,fto b"U 'i�i FAW +; >' �}rip �PjiFyrYiiF fill.& '? ? 1t6li tao f Or V,A�ftlt *04 fm V61M, A . tiz lit, ` bt Y= _tir 'iF AA s itr J t 4 f1 h�' y'S5 i s > , L s ; � rp. +lQ 1pootor J t s -C4 .ok S y o 177- � . h+�c;#F'� ict *` F�wr{ 1-� ;' �f Y€ \ ' i" +4ACi fi G tii:LY Alp- ry 0 or � ,. ��-,. :. t r � it 'C rte, " C" k , r _ read, i ir� S=- 01- $ y(yy.y�ry /�� y y� �vy +r c b l7 11 Tit Ri: 1 "` Rr:.+iYT €Y"' it F � b tit b;�.�, b4s 9, r i � ,per 7„ • 6 . Term of Agreement. This Agreement shall commence on July 1 , 1988 (which shall be date on which Contractor commences work under this Agreement) , and shall be terminated on June 30 , 1989 unless extended by mutual written agreement of the parties . a) All work shall be performed for the Building Inspection Division under the direct supervision of the Chief Building Inspector or other person designated by the Community Development Director. b) Employment shall be strictly part-time and temporary in nature based upon the needs of the Building Inspection Division as determined by the Community Development Director, and shall not exceed 40 hours per work week unless authorized by the Community Development Director and agreed to by the Contractor. c ) only a City vehicle shall be used for inspections which shall relate to the building inspection function. 7 . Termination of Agreement for Convenience. Either party may terminate this Agreement at any time by giving to the other party fourteen ( 14 ) calendar days ' written notice of such termination, i specifying the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination. S . Termination of Contract for Cause. If Contractor fails to fulfill in a timely and professional manner his obligations under this Agreement, or if Contractor shall violate any of the terms or provisions of Agreement, this city shall have the right to terminate this Agreement effective immediately upon the City' s giving ten ( 10 ) calendar days ' written notice thereof to Con- tractor. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed, as determined by City, prior to the effective date of such termination. 9 . Modification. This Agreement constitutes the entire under- staning of the parties hereto and no changes , amendments , or alterations shall be effective unless in writing and signed by both parties . 10 . Non-Assignment of Contract. This Agreement is intended to secure the individual services of the contractor. Any attempt by Contractor to assign, transfer, delegate or sublet this Agreement or any interest therein without the City' s prior written consent shall cause this Contract to be null and void. 11 . Covenant. The validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 12 . Enforceability. The invalidity and unenforceability of any terms or provisions thereof shall in no way effect the validity or enforceability of any oher terms or provisions . 13 . Actions. In the event of any action or suit upon this Agreement, both parties shall be entitled to receive reasonable attorney' s fees and costs . It is agreed that any breach of this Agreement by the Contractor shall entitle the City to apply to any Court of competent jurisdiction to enjoin any violation, threatened or actual, of this Agreement. 14 . Nondiscrimination. There shall be no discrimination against any person employed pursuant to this Agreement in any manner forbidden by law. 15 . Conflicts of Interest. No officer, employee, director or agent of the City shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof . IN WITNESS WHEREOF, City and Contractor have executed this Agreement of the day and year first hereinabove set forth. CONTRACTOR CITY OF ATASCADERO JON LE SAGE Mayor APPROVED AS TO BUDGET AUTHORIZATION: DAVID JORGENSEN Interim Administrative Services Director PREPARED BY: 44 964-4 HENRY ENIN i Communit Development Director LIM M 9 M O R A N D U 14 To City Council June 28, 1918Y VIA: William Hanley, Interim' City,,Manag*r ` FROM: Henry Engen, Community" Development ,Director 4* w' RE: Request for Extension of Contract Employee {Eric Porter, Assistant Planner General Plan ujpdate work 'Prbgtam3 ' � B&CKGROUND: Eric Porter was hired in March, 1988 to fill in as ,temporary help contract planner workingon the General: Plan Update The proposed salary of $9. 88 per hour is,: at the current rate at Step A of the Assistant Planner range. ` Mob I +ACT: The General - Plan, Update wa`s 'budgeted at $401 000 in risoal; year , -1987/88, and; we lost our original part-time planner Which resulted in an unfilled position for several -month . As of .the, ` Tune 3 , 2988 Manager' s Report, there Is ' apptoximately" $20,,00 remaining in the account. For the fiscal year, f98S/89. xbudi-t $20.,060 is being requested fpr" completion of the draft '.updated General Plan.�: REC9MMENUATIC3N Authorize the city Manager to sign the'atta had EmploymeAt :. gre�a- went with` Eric Porter. HE:ps Enclosure:: Employment Agreement i - } — i SIC POWM } J, ' . t AkcT en't, i!ad " } Jt 1 lit day <' ' en, tho, ate and b4' c1f tE3r ri e.rtO to as ilattylf y " c't ld 'Eric 'CQ'L" a a',µ -* . ., y to +c+r .` rStain' , rofa;rr d to a 106' trach * ' irht RSAS the city of` At as ad4ro,Aesira � �� �bir� � " ' ��,� ► �N. Iili - ,tete, Job clam fi ation of to tar!V. : �11-tint' fa . P1 44ntrv,and. pel foreFt .� 'b4rabyeng gee herr act eesa pity the sxvia : brina � ,it fc►rth ; ©r thecvar ► ion, aacinter . "`° frrthfi ;a .i . thi, terms and camdit Z et of Serriaaax` t tri „ ac '*e t, Gt�rit�4` , baIng , t on°t 4: t r 'to ,peri# `to a dear ibkt by ease d�. Aa int P1An r v���k� Pte. At�S ad rc�s genera a ` d t t Qrk " rog�am to par , ,�1�:-. � � d,�a�rbed xi,n Said employer d and e r wbi t .w m ;°r + ;t relate t Oret�, 3 era r Stitt . C�antradtar undorstanda\,:'and r a� d t t he- is no 'an - will, �t b�; eligible,: � for ae, ni G benefits ro ,any coir c cup n; he tai a� tads: a � . nsur�n,c ,ci s ' a' `iday ,, '�tacat n, aim= ahr �r�f= Frith ar, vit1 ,.. or Otis . cab aruabl ate;-anit +3; e ,' ahe.- f.0 tt <.. w ,. ' v n 'r :w /ot uwUrzi d ,,,And, agreesN that :��i' ��.'r� �4 5 $C.S l d nl ' t l °+ i Y1t�, that .1ita right Of `~ t�"I" ` " crated ` ere; ,. i ncttd ajaitiR ani �t�% , car , ►tfit; the d hat_.3 i.s. s rv�,�a'an the : �' Arl thsigrett ,s+�3.e1Yrd in , 'espay term s C � ;t 1 -,,Agr 4 ; pF�q��+' .. yXF{�,�1..��M �W��y/�{M ,�+r �y�,+� _ �yy'' iJ�1e fW �4`k+LT'�N� R Sr YltAc II V�# Tt ii4 t .: Y' qu-41: to",pro g� e . e � � .�i�e� �he � �� a t�. meati n�R Cite' Shall paY: to C ritradtbr a cp en a i + rte . rc rmed ara�catireuat; Ac r e3 4ut, the u }, er hcsur. e u "the t a • be made in accordance with established City procedures on a bi- weekly basis to coincide with the City' s normal pay day. 6 . Term of Agreement. This Agreement shall commence on July 1, 1988 (which shall be date on which Contractor commences work under this Agreement) , and shall be terminated on June 30 , 1989 unless extended by mutual written agreement of the parties . a) All work shall be performed for the Community Develop- ment Department under the direct supervision of the Senior Planner or other person designated by the Community Development Director . Termination of Agreement for Convenience. Either party may terminate this Agreement at any time by giving to the other party fourteen ( 14 ) calendar days ' written notice of such termination, specifying the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination. 8 . Termination of Contract for Cause . If Contractor fails to fulfill in a timely and professional manner his obligations under this Agreement, or if Contractor shall violate any of the terms or provisions of Agreement, this city shall have the right to terminate this Agreement effective immediately upon the City' s giving ter. ( 10 ) calendar days ' written notice thereof to Con- tractor. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed, as determined by City, prior to the effective date of such termination. 9 . Modification. This Agreement constitutes the entire under staning of the parties hereto and no changes , amendments , or alterations shall be effective unless in writing and signed by both parties . 10 . Non-Assignment of Contract. This Agreement is intended to secure the individual services of the contractor. Any attempt by Contractor to assign, transfer, delegate or sublet this Agreement or any interest therein without the City' s prior written consent shall cause this Contract to be null and void. 11 . Covenant. The validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 13 . Enforceability. The invalidity and unenforceability of any terms or provisionS thereof shall In no way effect the validity or enforceability of any oher terms or provisions . 13 . Actions. In the event of any action or suit upon this Agreement, both parties shall be entitled to receive reasonable attorney' s fees and costs . It is agreed that any breach of this Agreement by the Contractor shall entitle the City to apply to any Court of competent jurisdiction to enjoin any violation, threatened or actual , of this Agreement. 14 . Nondiscrimination. There shall be no discrimination against any person employed pursuant to this Agreement in any manner forbidden by law. 15 . Conflicts of Interest. No officer, employee, director or agent of the City shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof . IN WITNESS WHEREOF, City and Contractor have executed this Agreement of the day and year first hereinabove set forth . CONTRACTOR CITY OF ATASCADERO ERIC PORTER Mayor APPROVED AS TO BUDGET AUTHORIZATION: DAVID JORGENSEN Interim Administrative Services Director PREPARED BY : 4460-4 irV4,0� HENRY ENG N Community Develol4ent Director i 14' 1'3 R. A N D, U::M 11. / k , TO: City Council June 8, . VIA: WilliamtHanley, Interim city Manager k FROM: Henry Znget*x, Community Development Director AAS SUBJECT: Acdept ,ce of Fig Tract M �` : : 4 LOCATION: '4555ti BI Camino 'Reale , 1 APPLZ-CARr; Dr.-.',Forrest Hull (Alan Volbrech t) , ti On November 24, 197 , the City Council appsovec . ' rct map :,; 33-87, subject to certain conditions and in cdn u ren "wrath th*. `. recommendation of the Planning Comviission.: the, �$uir� . Y f conditions have been complied wjth, and ` the final, recommended "for approval . r HE:ps cc: Dr. Forrest Hull Alan `Volbrecht k i � r ai 1i �+ t i 1 i 1 i t f CITY, - s r � 3 � ' }r a , � t y a t �COMAVVIJT lot VIE PEPA "'i MWWWWW'i 4 XF r _ , jp f .' < it� 4 M r y , 9 � y < i y f :A Y i^ r �vsa m_4 T }� ^. city t��y^� '�* +� MI1�tx Vi Vr -Od T� 5�+ loi 1i1ft hx r t tin, City g P. 04 , joreens e *. ms od Attaoh incl C Tt au ' '141 19, 8 Ordin lief« -, .. ctta l i ink i�, ;i aM t W I s� ' that ,loh , 198t on this subja t p 40 orst or.101 ri,fi tion. } P o f l ntart sae if 'd i this mattor, sia!$. i e � k E G.� L CA Att yp C ) �'iR#_' 1- 7 i 4 Aad ntg t „ `r b h Y� h Ta f1 A a z ` a ? fr s t iJ �g2 5 1 s �t ? c - ti j � �N 'z. # 3" A.U. < €`p, J ,a y :5 ` d y ,�% ¢ p '� _­,.­,_'.l, � k t '^R�t YDS ¢ �' F t o + �+ 'a '� x .,,�3 1' a �F 4 r .t 9 ,.a x f ' s ,s `O cI.am` :` s x , " "Ill } - , " �^� °i 11 "I Air!, �.,� , '�_l ,-.­­ W,._4, 'I I I I , 9 '. �....' - - % � - A „ Wt�:;� , - , ., I' ll, - -�l ", ,'', --I"' � I 1. " I .1 , , ,, "I ,;-� I I � ., , '�, I I I Ia, ,­ � ,4""a , ,�/ 'i " I�l�� .I ," Iss ,�� ,_W.,� � -1.�,l ,�F� . ',,lv. �a".1 ye a s �F,,", , " 't" - _�-e,,4" -,., - I 1 ' .1, 11 I 1-1- , ,, ,, , � I I I,I­-�,,I_,, 1- , - " ,,,� , ��1­11,1 k�,�, ,, ,,�,­,,!t *00M �� �,���$r$ �, - I I I ­11� ,, t �. �1.1 ; tea!'¢a<". � ..t �, $ +IL .'rttl"lz a n - 4—-=�_ , , ; z *` ' 11 "Rza' P a S ",tg51'�+ '"4. � � * , �-, Alow �r �d�° x 4, i `� �� *000 10 I=� � r z m s a �, �'-_ - - a r `; �, "'ani �" � r e §14��� � v ., X xilliriiii �i 9 ' '� s' 11�a r _ ''��! fir.' 4`'9 11�l �y ' +�!pfI'll 4, 1. !, fir `j. �. a �. 11 yx� �t St t - -­ -J: �1 4, 4a**60ok I I� 1, =40 �1� I'll, ,,,11111'e�ll"10�',I�l �r. . - - ­­j,�­,&�Kl, -�!,­�'. : - ", - sr t ¢yr {* y,A �. Y Y j. -1 I'llF r Y y, d x _1 l 11 . 11 �'G �' Al S- a,�'c fir; '�- s r n -, e � � lw yyot . ,y I. ft r, � ch-� « . s 3 MAN* :1i '`i'l ., -1, t s +5£` N iol r ..mss' . r S , , - "F' .. + .:f. PSC - � .-. OAU�'�� ��t '� -1 Vxfttxa §� r 5 . , ,�­"',,'��­ � '. , � I � � �=,A' ,RX I-$ ow,z It- ' - �f -ll, ir, r 3 {p �, k, S Wi s f�g� s M1 r '&4 Thi �. s` + f x u § a, � { tO, { - ae {;y� '� h{ 'Y b =11, ? n � n - n' �' '- }� r. 3 i n`" �-, ""� ,�, ..."." a - t 1 r� u S � 'S ,� t q + + 3 y !Aofia s p, y C t " tl r '3 S ,v 'e fit.Zi z� c e s s s . s: w k " 4 �. ;r �' ll� S F,� L �ti Px ,r i s r r b-, - a0 Fgl, ' ,, 7y �" r �' ,' � S � =F s S - �-t � sem€ . y , ,+ n3.,,,. , � , .�i F F ear -n`rye Y . ..._.4a� 1. r e x. ..-tAkk,a . r.. X '? � ,,,,:; ".,. ., '..:u_-. bu°"nix„�6 . .,✓..a _. '`.r._.�.., ....:r n�'� .r a,€ �,. sl e .,.,,r�'� . ORDINANCE NO. 174 Page 2 Section 3. Section 204 of Chapter 5 of Title 3 of the Atascadero Municipal Code is hereby amended as follows: Section 3-5.204. Business License Adminis- trator. "Business License Administrator" means the manager of the City of Atascadero, or the manager's official designee. Section 4. Section 309 of Chapter 5 of Title 3 of the Atascadero Municipal Code is hereby amended as follows: Section 3-5.309. Renewal of license. Except as otherwise provided in this chapter, every licensee who has obtained a license pursuant to the provisions of this title may obtain from the issuing agency a renewal of such license. The Council, Business License Administrator, Health Department, Police Department, Community Development Department, or the Finance Department may file a written notice of the denial of renewal of such license. If a Health Department permit is required for the enter- prise, said permit must be completed and submitted prior to or at the time of license renewal. Renewal of a license for a solicitor shall not be issued until the Police Department approves said renewal. Section 5. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in 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. Section 6. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the thirty-first (31st) day after its passage. On motion by Council Member and seconded by Council Member the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: ORDINANCE NO. 174 Page 3 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA By BARBARA NORRIS, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: William Hanley, City Manager JGJ: fr C:ORATA174 M E M O R A N D U M To : Bill Hanley From: John M. Brambl Steve DeCamp4-lz Date: May 25, 1988 Subject : City ' s Business License Ordinance Over the past several months, it has become quite obvious that the City' s Business License Ordinance is in need of revision in order to centralize the administration of the licensing operation and to allow for follow-up on delinquent licenses by the Finance Department rather than Community Development . The revisions needed to achieve the goal of a centralized administration of the Ordinance are as follows: (Underlining denotes amendments. ) 1 . Section 3-5.204. Business License Administrator . "Business License Administrator" means the manager of the City of Atascadero or his official designee. " The rationale is that in the event a license has been denied , a person may be able to resolve the problem at the administrative level rather than being forced to appeal publicly before the City Council . 2. Section 3-5. 107. Issuing agencies . "All new business licenses shall be processed and issued , unless otherwise indicated in this title, by the Finance Department of the City of Atascadero , . " By the fact that the Business License Ordinance is a revenue producing ordinance, the administration logically belongs in Finance. 3. Section 3-5. 110. Zoning Clearance. (Second sentence) "The Community Development Department_ shall review all applications to verify compliance with this title as well as the provisions of Title 9 of this code. 4. Section 3-5 .309. Renewal of license. (Second sentence) "The Council , Business License Administrator , Health Department , Police Department , Community Development Department or the Finance Department may file a written notice of the denial of renewal of such license . " It is our recommendation that these four sections of the Municipal Code be amended as soon as feasible to allow for a one- stop location for the processing and payment of business license fees. cc : H. Engen J. Jorgensen M E M 0, A N N U' 'K, Tb:-, City',City, C:Q�C T} Will ia Haul Interim City Manage' ' s Henry a , C miunity DevelopMent fir or .r. a x rXAFi1 ai fir ... -, PLAN,. M .' ZC- _ LOCATION:, El Camino Real y , ' Sq t'S,Y+ Tr`3.I� CANT4 Crib Sl rel '1r+ 4ei 1r 4i. 'F.+ LVd+poraSin ion"', Or Engineering) � ss RL?E'.ST. . TQ rte . IX Vs823 *r,' It_` E E desig ati6n from'Retail. Cc rc al to raise. the existing zonire �� �� � . T ii fi t) tri 'P (Public) . and. ,C , AC. ; b Ce-nttal ' oast' --capiCorporation i req :�t� av h } zoning on their ' ' 1 acres of property,.lyin bete office, santa Rasa., 4.1 Camino Read: �Ti� y, lel � (Tourist C6mmercial) to CR (Retail Cqm erri l 'fh ).:. e � ° �r t fear, phi retest was ���aanded �to l� : acres to � � � anion'-of a_ l- a chane' for the,- , pest ff c ` 'tail Comgk4rcial, in the General Plan' aniM� Comi4ercial) in :to a Public designatian iri; thy: ' = zoni . S• RM 9 b. Rt t:2 4Tune, 7, , 19$.8 Comma,ssion 1TI t g� ." ' �. =a&_rgVal of only the change in designation toreflect of the post office-' s location 'and on the,deny _ t �C h coast" Capital, Corporatitin `, based the r ens h st ttache.d staff report, Pl: � `C ISSCJt RECOMEMATION, on a .; b ,0 Vot£', t�lE' Planning Cogniss�on r'e om�nen d ap � � C3 c hen' it zoning o CR as' requested by e�.tral Ce » t ,C i f b + t 22 tit t 3SC', Sl.c t effect-e i ��? v c� t At CT, excerpt. r `T; "ar A. theounci.l. is desirous 6f<on!, chan,14q the dei � fear the past office, do the follota�nc�r'° - t a a' sw5 �v:"{ f .f, A s a t s i .. � Ws 4 I a r.. "yyf ll - A � ¥ �_ : MR r t ' it.s - y � g11 AM t 4 }. " �'''.� i P t 1 t'4#A. a" Q AN ...ilC�T RRa 4 '� k 1 Lig- +`S _�a.f to ., r`1 2 §. : 6 rta* r `S 1. u s ,'. x pry , �� t" K �=t� '+s a '* `. may; y�.rs f,. 5- * ",€ 1. .. '' x �.� w�,�F ". � i 3#L. .. , t� �' �3 s " AN �� ��� 1,7 a , MOM,g - l ,w ms cc . c e ` s 5'. s '.'s�r t 'c " -'' � „� - � loat 2" t u t h e. , - .�� P s Fgv t f,I 10111 - 1E ? +.4 r.4, i-i 4 F w ,� A V W �, � f z^i y " "4,.c4 I'l� i. �2. 4 11� g 3 z 3 k i� Y e ,no fi^WE .21 9 YN )1. s' r C t `>. �, `h T? XM at ,� f a.y t f '' 111 sVL� , a ' � ^7 $�,­14 gs m v 11 11 - am ,� x t Ss. s i k yyv���,,,c gg" a Yh o f r y� it "' 0 s � "t �ut £ z'. c u a �, lq�p '.1, - 0, t "b, ,.� f luo" ,.s S' y, f # * s' 4 ,ihau , -t '�t ", ,"§ ., t c . WAIa 3 '`�IN { 4 t: e �`"WoA'� ` , �� ' AN {'a+ - z ;��,.. r; q,III as -� �" w d y {- }aA. y _ k P ay r .,- „3',"y" , �, m,-' rw , 11kq �� r � * s x T � � , .� z §, MT isymv=XTI� mV- QTMIOW.W­Q ��� �: c� 3 3, rW. Y s 1,a fi '{ k -� ``�' z� _ _ `- a� y vWWWAS w1va An- , 0100 ate. y a' t t� sr r t '� i = ,r ` �`<: ,€ ._ _ �#.a,_ ,.,,_ ,F.:i .,,. - -., s t... ,aL. _ s-;n,._ . ,a.�... ,c ._,,, *rx, ,. . .,,.._ a<_ r - „=, -mac.. . . ,�,�.. _�..�, .'le .r-.r., • • • City of Atascadero Item B_4 STAFF REPORT FOR: Planning Commission Meeting Date: June 7, 1988 BY: Joel Moses, Associate Plan r File No: GP:2C-88 & ZC: 9-88 SUBJECT: To revise the existing General Plan Land Use designation from Retail Commercial to Public and to revise the existing Zoning from CT (Commercial Tourist) to P (Public) and CR (Commercial Retail) . A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . .Central Coast Capital Corporation 2. Representative. . . . . . . . . . . .North Coast Engineering 3. Project Address. . . . . . . . . . .9500 El Camino Real 4. Site Area. . . . . . . . . . . . . . . . . 12. 5 acres approximately 5. Zoning. . . . . . . . . . . . . . . . . . . .CT (Commercial Tourist) 6. Existing Use. . . . . . . . . . . . . .Motel & Retail Commercial 7. General Plan . . . . . . . . . . . . .Retail Commercial 8. Environmental Status. . . . . .Negative Declaration Posted May 23, 1988 B. ANALYSIS: The applicant has made application to make changes to the zoning map to allow for the development of a commercial shopping center on their property. The site is currently zoned for Commercial Tourist uses, and would allow for the development of commercial uses oriented to serve the traveling public. Commercial retail uses are allowed but only as subordinate uses. The application is complicated by the fact that the General Plan Land Use Element contains wording setting specific guidelines for areas that should be designated for Commercial Tourist uses. The wording sets no specific sites but could be interpreted to include the site. As a part of the application review process with the City Council and Planning Commission, recommended the expansion of the study area to cover additional territory to the south. This area contains the Post Office now under construction and a remainder area of undeveloped land between the post office and the property owned by the applicant. The total area covers approximately 12.5 acres with frontage on E1 Camino Real, East Front and Santa Rosa Roads. The area is also divided by Montacito Road. The area under review can thus be divided into two areas for consideration of General Plan and Zoning designations. The post office could be considered as a General Plan Amendment to Public and coinciding zone change from CT to P. The remaining area to the north, including the surplus property, and the applicant' s property, can be considered separately for commercial designation. The establishment of the Post Office on south El Camino Real is noted in the revised Public and Quasi Public General Plan Element. The General Plan makes no indication of a "Public" land use designation. The General Plan does contain a separate element on Public and Quasi-Public Services. That element notes several items as to services to be provided and special types of uses covered. As to a specific designation of a Post Office, reference is made to the new site on south El Camino Real and the need to retain some type of postal service in the downtown area. The designation of the site as Public on the General Plan would clarify the action already taken by the Post Office. As to the site' s zoning designation, no existing land use description covers the Post Office. Several would come close but no interpretation has been made as to exact category. Two preliminary concept plans have been submitted and reviewed by staff for the development of the property. Both plans are preliminary in nature and are not approved for development. In both cases the development calls for the abandonment of Montacito Road. The proposed plans also denote access to the adjoining surplus property from the Post Office. The applicant' s have noted interest in the property but have not purchased the property. The General Plan and Zoning restrict the "Tourist" designated areas to uses that serve the traveling public. Uses such as Motel/Hotels, Eating and Drinking Places, Service Stations, and Amusement Services characterize the CT zone. The uses associated with the CR zone are those more commonly found in the downtown area, uses like General Merchandise, Personal Services, offices. These uses are permitted within the CT areas, but only as subordinate uses to allowed uses. Such uses as a gift shop as part of a Motel or Service Station; or a car repair operation as a part of a gas station, would be permitted. The applicant' s original proposal was to revise the current CT (Commercial Tourist) Zoning on the corner of El Camino Real and Santa Rosa Road to CR (Commercial Retail) . The current General Plan designates the site as Retail Commercial and would allow the site to be zoned for any of the commercial designations with the exception of CS (Commercial Service) . The General Plan also • • contains wording that denotes the specifications for the location of Commercial Tourist areas. The City' s General Plan states that Commercial Tourist areas are to be "located at intersections of major inter-communitv routes where permanent access are constructed and which have some high aesthetic value" . The site meets these guidelines for Commercial Tourist and is designated as Retail Commercial on the General Plan and then is zoned CT. The application requests a possible revision to the General Plan allowing the site to be interpreted as not meeting these Commercial Tourist guidelines, or revising them to allow for the rezoning. Staff has reviewed the policies and feel' s that the guidelines are appropriate and do apply to this site. Further support for maintaining the site as CT is contained in the recently accepted Economic Base Study. The City is currently over designated for commercial uses. The proposal will not add new commercial area but will change the designation of the type of commercial development allowed. The report notes that the City needs to maintain it commercial tourist areas as separate types of development. Also noted is the need for maintaining the existing commercial area within the downtown area. In summary, staff notes that the site' s General Plan designation does not reflect the development of the Post Office and appropriate revisions are in order. The revising of the General Plan Text concerning Tourist Commercial is inappropriate at this time due to the future General Plan up-date and the need for Commercial Tourist areas. The CT zoning designation is appropriate for the site and should be retained. C. RECOMMENDATION: Staff recommends approval of General Plan Amendment 2C-88 based on the Findings in Exhibit C (Resolution) and the approval of Zone Change 11-88 based on the Findings in Exhibit D (Draft Ordinance) . JM/jm ATTACHMENTS: Exhibit A - General Plan Map Exhibit B - Zoning Map Exhibit C - Draft Resolution Exhibit D - Draft Ordinance Exhibit E Developers Statement i EXHIBIT A - GEN.PLAN MAP CITY El Camino Real TY OF ATASCADERO GP:2C-88 & ZC: 9-88 r �siR ' -, Central Coast Capital x ascanF�1 COMMUNITY DEVELOPMENT DEPARTMENT SITE: 9500 El Camino Real qAo •\��� �°ob ��� �•'� � o `�E `/ oa` Gen Plan Amend. 2C-88 •A t �f-o M0 S .��� Cental Coast Capital 7;'1' �;� �� �,Sl \ ,>� Corp. f i� O �� •�f / • y �- S GLE REG. �. RET. `✓ y. C6M,Pi . < ING>_ 9�011 MIt �- M. 01 HIGH = ,00 1-o4 L ,J DEN ITY O Ns ``, �'' r4 • • ZMUL / ~FA IL _• f _ W• A �• • '� � f o M' � • • O .r4 04 N D to O �. RA E - - • • a Ck 0 O Z , 'DRIVE d 4f� i E MIL i EXHIBIT B - ZONING MAP +� CITY OF ATASCADERO 9500 E1 Camino Real GP•2C-88 & ZC• 9-88 �FCOMMUNITY DEVELOPMENT Central Coast Capital Cor � DEPARTMENT R F•Z Ft��OR MF-4 6) �a W \ \ J,-RSF- D7) F • O \ ,Oq� ` �b0e' SITE: 9500 El Camino Real Cc Zone Change CT to CR & P F� ;� � ' T /� •\ Central Coast Capital Corti. �\O� "0 4F V VP�O < \ • N o Is i ll R CR N C T T / C R era P � / PS 'rVF� � O • 00 Cc ,R-S r�F 9j E ,C� R S �IBIT C - DRAFT RESOL. 0 E1 Camino Real GP; 2C-88 Central Coast Capital Corp. RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO AMEND THE LAND USE MAP OF THE LAND USE ELEMENT OF THE CITY' S GENERAL PLAN (GP 2C-88: CENTRAL COAST CAPITAL CORP.) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970 ' s and adopted in. 1980 to guide the City' s general growth is in need of updating; and WHEREAS, the Planning Commission of the City of Atascadero conducted a public hearing on the subject matter on June 7, 1988; and WHEREAS, Government Code Section 65356 provides that a general plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City Of Atascadero finds at follows: 1. The proposed general plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed general plan amendment will not have a significant adverse effect on the environment. The Negative Declaration prepared for the project is adequate THEREFORE, the Council of the. City of Atascadero does resolve to approve General Plan Amendment GP 2C-88 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached Exhibit "A". On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California a ATTEST: BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director JM/jm • EXHIBIT A - RESOLUTION" �a General Plan Amen. 2C-87 C 9500 El Camino Real e1; � CI OF ATASCADERO Retail Comm. to Publi j+rs—,i.'Irlo '0;r � ger.-� ` `', a►nt�: COMMUNITY. DEVELOPMENT" DEPARTMENT , 'A I �l M0� , E / , o ��� •;�` ��`��� �,, •A ATASC - ; w � �\ • % �y pl SITE: 9500 El Camino Real General Plan Am. 2C88 RET' . ��,; ° � • �.,N�- SIf�G Retail Commercial to ° C$M, �° INGFAM Public' M. HIGH O IN US 1 QQaT :�� ,J DEN ITY • • I'M"L I O® • FA IL i '�e X11 C_ M o o M: ® • • a .r� h 0 O O to of O a .+ RA E ®�. , • C, �\ O Ive CO 0 , � T n � i E MIL �� :i iEXHIBIT D - DRAFT ORD. 9500 E1 Camino Real ZC; 9-88 Central Coast Capital Corr- DRAFT orrDRAFT ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 9500 EL CAMINO REAL -7 FROM CT (COMMERCIAL TOURIST) TO P (PUBLIC) (ZONE CHANGE 9-88 - CENTRAL COAST CAPITAL CORP. ) WHEREAS, The proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, The proposed amendment is in conformance with Section 65800 et. seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant r adverse impact upon the environment. The Negative Declaration prepared for the project is adequate: and WHEREAS, the Atascadero Planning Commission held a public hearing on June 7, 1988 and has recommended approval of Zone Change 9-88. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to Public Uses as expressed in the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map number 19 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of Lots 2 & 3 of Block 11 of the Atascadero Colony as show on the attached Exhibit "A which is hereby made a part of this ordinance by reference. Section 3. ' Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by f= the motion as approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: ` By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A - ORDINANCE CITY OF ATASCADERO zone Change 9-88 r+� l�;� ..;, ,•.;•� 9500 El Camino Real G+nF COMMUNITY DEVELOPMENT C• . to P DEPARTMENT R F•Z Qft-c MF-4 6) 'R F. F� b `�� O �. Zone Change 9-88 \o .. a o `��� °bOa•� - CT (Commercial Tourist) to ' P (Public) W j CT I1 meq/ F� � � • �� yob • _ v a CR ' N :tF CT T N N C4 FAO oV��\ c \J P f i =4. i �RtvE / i � R EXHIBIT E - DEV. STATE. CI' 9500 E1 Camino Real OF ATASCADERO GP :2C-88 & ZC: 9-88 rI��R I"'"_ Central Coast Capitals scan COMMUNITY DEVELOPMENT DEPARTMENT C C CENTRAL COAST CAPITAL CORPORATION REAL ESTATE DEVELOPMENT GRANVILLE T.HARPER JAMES K SAMPSON 3757 STATE$TREST THOMAS NEwuN HASTINGS.JR. SUITE 204 P.O.Box 1887 SANTA BARBARA,CA 83105 PASO Roma&CA 93447 18051 882.2025 (805)2394373 20 May 1988 Mr. Joel Moses City of Atascadero P.O. Box 747 Atascadero CA 93423 3 Re: GP 2C-88/ZC 9-88 SWC El Camino Real and Santa Rosa Dear Mr. Moses: Please consider this letter as our Supplemental Development Statement which is to be part of the referenced application: "It is our intention to develope a neighborhood commercial center to serve the southern portion of Atascadero. The present tourist commercial zoning prohibits general retail uses, unless associated with a motel—hotel complex. This site is uniquely situated for a shopping center. It is our intention to include in the development, a major market, drug store and family restaurant." Very truly yours, Central Coast Capital C_ f .liTiLLy4en James K. Sa Vice Pi-esid c: r. cJohn McCarthy to RECEIVED MAY 2 3 11998 MINUTES EXCER& PLANNING COMMISSION • JUNE 7, 1988 alternatives to apartment housing (planned unit developments) . The motion passed 6 :0 . 4 . GENERAL PLAN AMENDMENT 2C-88 AND ZONE CHANGE 9-88 : Application initiated by Central Coast Capital Corporation ( and expanded by City of Atascadero) to revise the existing General Plan designation from Retail Commercial to Public and possible text modifi- cations to the Land Use element text concerning Tourist Commercial, and to revise the existing zoning designation from CT (Commercial Tourist) to CR (Commercial Retail) on 7 . 1 acres and P (Public) on 5 . 07 acres. Mr. Moses presented the staff report noting staff' s recommendation to retain the Commercial Tourist zoning designation, but to change the General Plan designation on the post office site to public . Robert Nimmo, owner of two of the subject parcels , spoke in support of a commercial retail zoning stating the city would benefit from this type of zoning. Proper commercial development in proximity to the post office would better serve the public and would provide better flexibility and-a variety of uses for the site. John McCarthy with North Coast Engineering, representing the applicant, noted that the new post office would be a traffic generator and felt the site was appropriate for commercial retail . He added that the site has yet to be developed as commercial tourist. Kimo Pankey, owner of two of the parcels, concurred with the statements made by Mr. Nimmo and Mr. McCarthy adding that this site would be a convenient spot to do local shopping. James Sampson with Central Coast Corporation, applicant, felt this project represents a unique opportunity for development. He spoke about his experience with development of successful shopping centers in other areas . In response to question from Commissioner Lopez-Balbontin, he stated there are no specific uses for the site at this time but there are many options available which would fit in with a CR zone Commissioner Bond felt this site is appropriate for CR and ` pointed out that the property across the street is zoned CR. Commissioner Tobey concurred adding that commercial development would add to the City' s tax revenues . Commissioner Michielssen felt that CT zoning is not appropriate for this area and cited other sites which would MINUTES EXCERPT - PLANNING COMMISSION JUNE 7, 1988 be appropriate for CT zoning ( Santa Barbara Road and E1 Camino Real, etc. ) such as RV parks where larger land areas would be needed. Chairman Nolan agreed. Commissioner Kidwell felt that the location of the post office makes a difference in the General Plan designation and would make it feasible for commercial zoning. Commissioner Lopez-Balbontin felt that with the location of the new post office, it appears that the downtown area has shifted southward, and approval of this request would only reinforce this . MOTION: Made by Commissioner Lopez-Balbontin and seconded by Commissioner Bond to recommend approval of Zone Change 9-88 to change the zoning from Commercial Tourist to Commercial Retail and to rezone the Post office property from Commercial Tourist to Public . The motion carried 6 : 0 . MOTION: Made by Commissioner Bond and seconded by Commis- sioner Tobey to recommend approval of General Plan Amendment 2C-88 to change the designation from Commercial Retail to Public for the post office site. Chairman Nolan called a recess at 8 : 50 p!m. ; meeting reconvened at 9 : 00 p.m. / 5 . ROAD ABANDONMENT 1-88: i Application by Paul Rose to allow for the vacation of a portion of Lomitas Road. Mr. Davidson presented the staff/report recommending denial of the road abandonment based on the fact that the road proposed for abandonment has not been superceded by relocation and no alternate' access has been provided. He then responded to questions` from the Commission. Paul Rose, applicant, Spoke in support of the request. He circulated a copy of/ .a petition from all the residents on Lomitas who are in .favor of the abandonment. He addressed some of the issue's raised in the staff report and listed several reasons;-for approval of the road' abandonment. There was discussion concerning the possibility of pursuing a lot lirre adjustment with the adjacent property owner. Commissioner Michielssen--asked if any research hail, been done ,�+► on deeds to determine the title for the road right=of-way. Don. Hughes, owner of Lot 22 (adjacent to Mr. Rose' s proper- tyr, stated there are two separate issues to be considered: 1) the question of abandonment which is favored by many o€--- • i RESOLUTION NO. 41-88 A RESOLUTT_CN OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO AMEND THE LAND USE MAP OF THE LAND USE ELEMENT OF THE CITY' S GENERAL PLAN FROM RETAIL COMMERCIAL TO PUBLIC (GP 2C-88 : CENTRAL COAST CAPITAL CORPORATION) 9500 E1 Camino Real WHEREAS , the City of Atascadero has grown considerably since _nCorporatJLon; and WHEREAS , the City' s General Pian, which was prepared in the 197j ` s and adopted in 1920 to guide the City' s general growth is in need of updating; and WHEREAS , the Planning Commission of the City of Atascadero conducted a public hearing on the subject matter on June 1988; and WHEREAS, Government Code Section 633a6 provides that a general plan be amended by the adoption of _ resolution; and WHEREAS , the Council of the City of Atascadero finds as r 7 lows : 1 . The proposed general plan amendment remcc'.mendi-id by the Planning Ccmmiss-, cn is consistent with ti v Gals and :poli--ies of t -e =eneral Plan T'_-e proposed genera" pian amendment will �t ':;a�.°? a Significant adverse effect on --he _nvironment . The iiegat�'Ie D�Ciarat:on prepared for t he projprt _S adequate . THEREFORE , the Council of the --ity of Atascadero does resolve to approve General Plan Amendment GP 2C-33 as foows : : . Am_ndnent to the General Plat: Lard ',Tse Eleme nt, Nand .Tse map as shown on the attached E:,:hJ_bit "All . On miction by and ti_,___..ded by _ �r solution 1S ? _.�e _ adop _. entirety' the following toil gall 'Tote . l ROES DATE ADCPTED . Mayor ATTEST: BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director JM/jm t • - EXHIBIT A RESOLUTION General Plan Amen. 2C-8!T- 9500 C-88 9500 El Camino Real i. ��; 4: CITY OF ATASCADERO Retail Comm. to Public SIC "' t •� ` scan : COMMUNITY-DEVELOPMENT" DEPARTMENT 1 .` W E` .400 �-.� ./ bOa� :' • A TA S C AI 0 ' `�- '__ ''•�� �• � �)� •PSC //� _/ / A �, E�► �'` '\ ••' •/y / Df SITE• 9500 El Camino Real 0 • • �f i General Plan Am. 2C88 ti G 1 to • � -�o. • �_ SI Commercial�.� RET. `,; � ��' � ,y �., Retail Comm "O q C�M,�.► . < INGt. g�,l FAM Public M. 4L HIGH �• S \•o QYs?' caG�s 'i ,J DEN ITY • • T Z.MUL • • • / v.FA IL ;• • 7- 0 M; ,�� , • • o .r� or P SLI RA E � • o _ 00 < \ N "RIVE • 4� °A E MIL ORDINANCE NO. 176 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 9500 EL CAMINO REAL FROM CT (COMMERCIAL TOURIST) TO CR (COMMERCIAL RETAIL) AND P (PUBLIC) (ZONE CHANGE 9-88 - CENTRAL COAST CAPITAL CORP. ) WHEREAS, The proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, The proposed amendment is in conformance with Section 65800 et. seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate: and WHEREAS, the Atascadero Planning Commission held a public hearing on June 7, 1988 and .has recommended approval of Zone Change 9-88. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to Public Uses as expressed in the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map number 19 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of Lots l & 2 of Block 10 and portions of Lots 2, 3, and 4 of Block 11 of the Atascadero Colony as show on the attached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance- with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager . APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A - ORDINANCE CITY OF ATASCADERO zone Change 9-88 9500 El Camino Real CAD COMMUNITY DEVELOPMENT =CT to CR & P DEPARTMENT R F•Z MF-4 6) ` �� �'�• ��i�,, /.RSF• (PDT) ='R F. ZONE CHANGE 9-88 - CT (Commercial Tourist) ,; ZONE CHANGE (9 gg) <.j to CR (Commercial Retail) `���� ,%" CT (COMMERCIAL TOURIST) �y TO P (PUBLIC) 14 1 O y IP �z?"SA AW \ � 4 CRv CT T N� "� CS ,CRS ry v N P � PS , 9fo\ `�V Q • SOC IVE ^ / vv O 1 ��,�` R S / ,,t v 1",,-,� ; ; �, , � I I.I� I I I I I I I "; I�I I ,,I 1'1��l"I " A, ,;,�,� ,, " � I � � I I I I :I �,,��I, , - ,�, I I *,I I � I I ,�, , I I'll �, '�, 1�"l,, -: r>_ IN 4.. x a t wq S xIrl, ~i t ,x ,r ' �k } ,� P 3 3 < z - Ol "LL ' ., s 1 'it ia+ �il/U W " V ; `� }: t ,rb 5.:' . W .I err Vntar City-, M k 1`S Sj ,�'fi §�, �le { 3 I-1f 11 N 'at �. s. `.- fi t xt ^* °re. e "x � TU a, 0 ,Il .Camino Re�311 _ '� .F b' T . apit � a11 t l+ r , <� r t .. ST. Tlo� vise 'tie"� ttin O a w -11 � � � X c �:an ry Retailer r � �4[� { ¢ Qy C/ j y/, � ,art Tr_ 4 KT�T Ir ii "'+RA�r�r stiltq-: iR11 1, +W; , `.� I k R �, '` 3 .. 'cans f: t ,. tt P (Ruble) and � , AW " r � (.may'enty{,�` ,j{ C64{ 'py'. [yy' y}�,.�{ /y�}}f#�yy. }�'p+{ f �j sque}6�k- . iim 3. �, }{ �Wj {"'T�ky f+*f� �y'^'MY.YI�. cop Mf«ig[�11��+aCV/Y��g1�1.614A�.yY��'i1jon�kflildle El -1 Camino " �(II �yyy T .4F'1,; 1, k5'i x -i! �:-�X �' ' Z }, i : $ €;3 ,L Yh, .'�. 5 .5�in'�Lr V ilwViRs � ,"$ �?MI 11 `� '�'11-} "'S� ' _ :�fi .' Mfr ., w`.i�$ '1;. �;r•3S ,' $' ,J." L' '9+.`w. .:� r �- l''IN ; I' x I I-h s' ' r _ +gat way€ ; expanded. to �. «. �C��� ��=��s. �Y= at" F.�I�1.,oaf .;� d �� � c ��� ��� ,; �' � -.atail � ; �����. .in. the ' �r��raZ ��: CU A r= ? in C '':, pv)A .0 .+I'll€ ,. , ' � � .: � f, �. k . . F Y ..eypyam �j �{}{yam{ ,{�^y�•ommi4 !,${ 'yy� ll" ,^y�,F00 r . 1'i� hfir ' ,..�� ..� +Y.Y S V� !'�`J�N7'io � x rM .iF1. 3 - ;'k .,`, ..$ 1, a at i` e' s `ladatiou and tea",4 , "� Cdast.Cap tal �Corpprat�.ot� ' bayed ern` �h€�,. . �a �� � �11 ;� :then s' af rant. = afl' .l4 ll� f �:' S $' . 5 o- '.�. + �� , I.11 . '.:. '« PTCI E P�,annrigt»It l� ? 1tlott�ao% Q rll . N fI'll f & h ur a Iln- ca lnr�. . b C as requested, ,,' �11" � 11 . # r` ��Jfr�/e j�{@@� .{fir�f* t d "1+utsil � } f .e t C, IIr74% , tiFL iia i" R. P M i �dii,�F1'Gi�Sr f F f' g 'T - ' , 11 y A h - ' .. „ . ' h < -�� _ e , . , ,f� �� 11 h ' f:O E It . . is de it us a L7I -.Y h. h _ � , to .he.. gt� office, dv the � `+��l,Wl I, �, � � h ��. 4 �. x..> " �`` " tJz r.k ;t VSs 5 'k, $' ? f 4 .. ,0 I WT I I'll I9 ag°k`-i �, r`'�' � 9'9j� ,` �r s u 3 #4 c £ � a ." fix. r r-"F.s= + _ 's. `*". C1. '�, ,e} s i , r v } p ��� * = J x x a v : �' n,� zc xa' � , '.: a ''of zyy ,; J z a .F+.; i _fiPUy,f`,.c4.4. £'�g% r i M t t F E �"' 11 ds "S" S '� ^� 4'Y'.,G'*,lt,� k` ryy d�, "4Y ' .1g A ,v ( t:: r ', irk ` '"�e� N `5 w �.Y 'v:. x �' a i� < ✓ �{ J4}� n, a' d ry `�Y.Rr- N F Arg s .p ,.Y iy'�` ;j'M' op"ry ,f1 -vi ¢ f 9 _ 3 - t 4 s �"" ;�� _ p , "� r '' U04sx, , v t Y am I r- �polli 1-1 x a � r xx.r;: r g t 5... - 3;. $a tw �. > it:n ss'�' ':,"' r e '� �u� - �� z 010 Y,� t ` " rt rx 470�1a ,'flag va 11�00 11 * .. ��N v ", *1 } s , x jar 'j, b,k,Y k -3t 27M _ P 4 % na� ,� �#' `. ,"fid` f J a• airMW I x aANNISOC { - �' r 10xv; issi k+t' '3. .+ "*' � ��' z �r X42`,"` '* .k, a j. l an` ,�.+2- � ' emp"TAr tA* ft . 3 t & - -#$ ',�i 4 aJ�, .. F ¢fir s f ', _$ w s '�sw TI-mm- � dJ � �ri ON , A Em '�su p F :�'"�,. � ^pp,r .*, �'� '+"' iii#": "��' �Fi�� #+ '��' v' .s<is ��,..� �� fir'.s� `�. }^x 9 ,ta 4 fir_ hj '�� ', `. x iTM t '�,r : s J J ``. � I Z F rmn �'. ' x ti 3 �. AN 3 'Yu `}`,sa �s , 'g-0,ffsY f 3 kv 3 r1;1 1 I2 r`% , - II � s�a k S 4 b��' a 3 ^r " 34� „� ;,yyt 1 s z +'" t 'kap r` ;i� -.gra.,, z; fry,. s J' I�I I _W0 I'M . wwvo Q 23 ko, j1h., "'AAHMN � _ , 11 z .f� s - xa� Wk qgrc� "� c zx a fi x # Alk UnTh ��' A°,11'3 y'h;= i j y Xis" $ T r a s x t ,�,,,rt as xk'*ad " A c > a r < �S ' s ,, " ", .'i V. x M"NW� Caw % >- s,�,. -�' ,4 t `C _,*t .n t. r q'^,� _ Ykrx , t 'fir}J$ '�t` '3 x i.W� *11 II �ill 111`1 slow +ate Y b r r£ " i " i 2," 'r, a"' � e a, �" -� 'g aw vvsY # f %y. Y �' � k f t c A -1 �M_ e 4 x s _ s '�g ✓ s a- a r m r s. ? 1 ar '` $e a t S 's ��' �' a Y a` �" -��'- ,AQj ui ' a s £ a i`V' � to x ^�...y 'h t "f h '� d''�` " € ? *+Y"y¢ s fi tK^a "� ,8 3 3# SHIM1 .r r*u s r ,} '" err w ?� t a x: 3' } �x _ ' "� �% MR L s a € 1��v ,#� GM—Ev 'KARWAKA ' r s 4 ,c� �z -,`atz.<"` " tk,� a <: mumam rw :s 5 s� r-;�i�.C' g uln ,nmwC 4 s a K i x sg a4 3 ti NEW man"S, ` r z �, x ,+ t a E a ' � 4 .'ti - `� 't, 11-111Z AM z T:I AnY�i fi'> dry ," t� a ^a, k t S ar d +` a rt } s rt -v l - va `` a # a {AOS + Yat a" r : +`'�' s i i @ z a t r ', , ,, +£`'Y' � . Ij �� , a , a 1 s! a � s # c y 11 a 3 N�a # s e 31n fry _ r s r a ' F-i ':. s .'e L a k + z 'tet �. its. a'.. ' '` +�;`s` c75, �re'°.' a v .`r€� ,� ,� a t ,, a .,: y„av" fi X1'1 n rklff r '' "" ,. `�` e r ., .° ,,=r '�' + h- x¢j a s" "' ` �i Woog as,A x 5 '" t e - k i� �Sfi � 4 PAY" 's is a ^ 'e, � c $k � � y � w � d 4w id S g �, `3."� - Pg: 'J" L +�,_ i 1 - ^"f Y ,` } 3'3' f / 1 / t k I- ti M 9 M a. R A Iii D r U M T6 City Council Jun VIA William ,Hanley, interim C4ty Manager EROW: Senry Engen, Community Developpent Director SUBJECT: C NERAL PLAN AMZNnMENT'' 28-88/z ., CR + LOCA22O2 � 11,455 Viejo Camino APPUCMM. Tom Kankiewicz (chary Harcourt) REQUESTS,- To revue the,,'existingSuburban Single ." ' iI y"�R si'_, ' dential and RE{FH} {Residential Si-ogle i,ly 1,664 HazardY designations,-to Low Density MUit-imi: y" h, �. inclusion within the,,Urban Services Area. . s ,f ACR Rt3M`: ?n June 7, 19$ the Atascadero Plann c i4;sion n f public hearing$ on the above-r+efarenced requests.- 0n a 4' :0, Vote,, ' � r the C9mmission recommended approval of the',.General Plan en t toLaw Density Multi-Family Resi-den'tial and '_ zoning, .: change . x/10 . Given the slope of the property, this would` allow., for` Approximately 29 2-bed,room units, ar 5 3 units per acre. Th°ere:; was discussion and ptulic testimony given" as re lac e+ , in, th e attached ,minutes excerpt. Approval of Resolution Na. 42"`$8 and approval of . T.) aft Ordih e -, NO,, .177 bye ` (1) Reading by title, only. _ _ r Vk 2 Approval O attached Ordinance 7 of first ' � in HE.pS ff. Attachments : Staff Report - June 7, 19$8 Minutes Excerpt June 7 1988 Resolution No. , 42:.88 ordinance No. 177 city bf " ! M��M - " ate jww 6 Ito _ i.FRRF l #y f } t J 1 ✓ •s' 4 WA, ,x L G k a * :son* "' �� x s l yN �r A';M i4 ri j►"ri! it�r3� nc`s*rii, r ar fF r `a'` r-J'c; x C �,�, y fR 4+irK i••Al ti14r 4,f w • A • r M If"s"ivl r d _ Jt'1!M �1M�`�;'�!F '�E f�M i! V+W'.�W� '� `•� � 1 } �' % } If A+.�+F+► • N Ai •'i •'AIY• *'�P 1 R it ak,} A 4 uv o w 3 J fifi 04 os ds7Fk p -� 'F �` �� ��i r Ir it,A�� `,A tik 1V 7►-=+lr 4 A�_" - r € 1 � a "4 ^ Z ,,a � s f +fv S2 : 44and ( r: IVA � 6 A. �► � t r ?+ t ti Since the prior application, the surrounding area has continued to develop. The Bordeaux apartments are being built on two sides of the site. The City park borders the site to the south. On the other side of Viejo Camino, the City has revised the General Plan and zoning to allow for commercial development at the corner of El Camino Real and Viejo Camino. The Urban Services Area has been expanded and sewer facilities developed in the area. These changes have continued the process of making the site an island of lower intensity development. The properties are currently developed with single family residences without sewer. The zoning allows for a minimum lot size of 2 1/2 to 10 acres. Neither lot can be split further due to existing lot sizes and development. The revision could create a potential development of 29 two bedroom units. This is based on the hillside standards for the total 5.5 acres and a slope of 11-15%. If group quarter development is proposed for the total area, 121 people may be allowed. With the prior application, staff recommended approval of 16 unitser acre. The Planning Commission recommended and staff P g concurred with the designation of a lower density. The ordinance has been revised with the use of the Hillside development standards. Rather than setting a specific per acre designation (RMF/16, RMF/15, RMF/14. . . . . ) the hillside standards now control the development density. The standards are based on the slope of the site, lowering the density as the slope increases. Any discussion of increased density must first answer the question of sewer services. The General Plan states that no revision be made for multifamily development without sewer being available. Sewer services can be expanded to the site. The question of how, and what modifications are needed to serve the site, will be specificly answered at the time of development. Specific impacts created by the proposed changes are not quauntifiable due to the potential of different development scenarios. Any increase in residential units will have an impact on the community' s schools. Development fees will be imposed at the time of development to offset the impacts, however. Other services will be impacted also, but they have been determined to be minimal and development fees will cover the impacts. Traffic impacts will be associated with development of the area. The intersection of El Camino Real & Viejo Camino will be impacted along with an increase of traffic on Viejo Camino. It is anticipated that some type of traffic study will be required at the time of development and appropriate conditions imposed. Other uses may be developed that are not residential in nature. Uses allowed under a Conditional Use Permit include churches and related activities; schools; skilled nursing facilities; bed & breakfast; and organizational houses. Each of these uses would • • be evaluated at the time of application. Each would raise the question of traffic impacts and the need for additional services. A question of the visual impact of the development in the area has been noted. Development will be visible to the community and to the traveling public on the freeway. It is anticipated that freeway landscape screening, and on site landscaping will reduce any visual impacts. Any development of the area will have to conform to the City' s adopted Design Review Guidelines. In summary, the proposed increase in density would be an extension of the existing land use patterns in the area. An RMF/10 designation and could create a buffer for the park. Sewer is available and can be extended to the area. The surrounding properties are developed or have the potential to be developed at a higher density. Impacts that might occur, depending on the type of development, and can be mitigated at the time of development. The proposal will allow for an infilling of development. C. RECOMMENDATION: Staff recommends approval of General Plan Amendment 2E-88 and Zone Change 11-88, based on the Findings in Exhibit C (Draft Resolution) and Exhibit D (Draft Ordinance) . JM/jm • Attachments: Exhibit A - General Plan Map Exhibit B - Zoning Map Exhibit C - Draft Resolution Exhibit D - Draft Ordinance MINUTES EXCERPT - PLANNING COMMISSION JUNE 7, 1988 • No public testimony was given. No action was taken by the Commission since the appeal has been withdrawn. . 3 . GENERAL PLAN AMENDMENT 2E-88 AND ZONE CHANGE 11-88: Application initiated by Tom Kankiewicz to revise the existing Suburban Single Family and RS (Residential Single Family) designation to High Density Multiple Family and RMF/16 (High Density Multiple Family, 16 units/acre) , and inclusion within the Urban Services Area. , Mr. Moses presented the staff report and summarized previous applications submitted for this site. It was pointed out that the hillside development standards will now control the development density ( from RMF/16 to the recommended RMF/10) . He then responded to questions from the Commission. Tom Kankiewicz, applicant, explained that with the develop- ment of adjacent properties (Bordeaux Apartments, La Paloma Creek Park) , this property has become an inconsistent land use. He asked the Commission to approve the zone change and general plan amendment requests. Gary Harcourt, agent for Mr. Kankiewicz, stated his concur- rence with the staff recommendation noting the property is is between the apartment complex and park. He felt the change in .zoning designation would create a good buffer and added there are no immediate plans for development at this time. Commissioner Bond talked about the prior recommendations the Commission had made and felt this is an excellent transition for the property. MOTION: - Made by Commissioner Bond and seconded by Commis- sioner Tobey to recommend approval of General Plan Amendment 2E-88 and Zone Change 11-88 as reflected in the draft resolution and ordinance. Commissioner Lopez-Balbontin expressed reluctance in approv- ing an additional 29 units as the southern portion of Atascadero is already impacted, ( i.e . traffic, streets, schools, etc. ) Commissioner Kidwell agreed that this parcel is isolated between the park and apartments and felt that at the time of development, conditions_ can be imposed that will help mitigate some of the impacts associated with increased density. Commissioner Michielssen pointed out that the permitted density would be roughly 5 units per acre and suggested MINUTES EXCEO - PLANNING COMMISSION • JUNE 71. 1988 alternatives to apartment housing (planned unit developments) . The motion passed 6 : 0. `, 4 . GENERAL PLAN AMENDMENT 2C-88 AND ZONE CHANGE 9-88 Application initiated by Central 7 Coast apital \ Corporation (and expanded by City, of Atasca ero) to revise the existing General Plan designation from \Retail Commercial to Public and possible text modifi- c,ations to the Land Use element text concerr)Ing Tourist Commercial, and to revise the existing zoning designation from CT (Commercial Toupist) to CR (Commercial Retail) on 7 . 1 acres and P (public) on 5 .07 acres\ j Mr. Moses presented the staff report/ noting staff' s recommendation\ to retain the Commerci„ 1 Tourist zoning designation, but to change the General /Plan designation on the post office sste to public. Robert Nimmo, owner. of two of the s ject parcels, spoke in support of a commercial retail zoni g stating the city would benefit from this type of zoning. Proper commercial development in proximity to the post office would better serve the public and would prow de better flexibility and a variety of uses for the site. John McCarthy with North Coa Engineering, representing the applicant, noted that the no\post office would be a traffic generator and felt the side was appropriate for commercial retail. He added that a site has yet to be developed as commercial tourist. Kimo Pankey, owner of Zof the pa els, concurred with the statements made by M Nimmo and McCarthy adding that this site would be convenient spot by do local shopping. James Sampson wit Central Coast Corporation, applicant, felt this proje6t represents a unique opportunity for development. H spoke about his experienc\with development of successful shopping centers in- other area�s . In response to question rom- Commissioner Lopez-Balbont\in, he stated there are n specific uses for the site at this time but there are m ny options available which would fi in with a CR zone Commissioner Bond felt this site is appropriate fo CR and Pointe out that the property across the street is zo ed CR. Commi sioner Tobey concurred adding that comm cial deve opment would add to the City' s tax revenues . Commissioner Michielssen felt that CT zoning is n t a propriate for this area and cited other sites which woul EXHIBIT A - GENERAL PLAN CITY OF ATASCADERO 11455 Viejo Camino t.,,;,,,�! 1e„„� GP:2E-88 & ZC: 11-88 CAD COMMUNITY DEVELOPMENT Kankiewicz DEPARTMENT ATASCADEO STATE SITE: 11455 Viejo Camino • NO�PITAL Gen.Plan Amend. 2E-88 • Sub.Sng.Fam. to EC. / Low Den.Mult.Fam. & Within Urban Ser.Arez ITY • ••• �aa�==', •1” `L 3• • ••• •• \ �t. �• � : •• �° �• ,mss° • • �1 RECREATION � � • • o L 4 % � /Pe* C K D UTI• AMILY p R '• �IE,° Y, •Mip� . o �AA/ryO I i� 9FA L o ° m a r i f ATA40e% EXHIBIT B - ZONING MAP ...�. •`� ' CITY OF ATASCADERO 11455 Viejo Camino d�' •,fit ��� GP:2E-88 & ZC: 11-88 COMMUNITY DEVELOPMENT Xankiewicz DEPARTMENT P � SITE: 11455 Viejo Camino Zone Change 11-88 • RS (FH) to RMF/10 (FH) Kankiewicz Oy �L Al1 6 J vi&JO ` i �p t b 5►� � ,o R rho a f4c R a c44 a Val o �s Z �O i 4yF RESOLUTION L TION NO. 42-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT TO AMEND THE LAND USE MAP OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN (GP 2E-88: KANKIEWICZ) 11435 Viejo Camino WHEREAS, the City of Atascadero hasgrownconsiderably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970 ' s and adopted in 1980 to guide the City's general growth is in need of updating; and WHEREAS, the Planning Commission of the City of Atascadero conducted a public hearing on the subject matter on June 7, 1988; and WHEREAS, Government Code Section 65356 provides that a general plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City Of Atascadero finds as follows: 1. The proposed general plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed general plan amendment will not have a significant adverse effect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GP 2E-88 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached Exhibit "A" . revising the existing Suburban Single Family Residential designation to Low Density Multiple Family and expand the Urban Services Area. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: w w DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST• BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director JM/jm EXHIBIT A - RESOLUTION _ Gen.Plan Amend. 2E-88 CITY OF ATASCADERO 11455 Viejo Camino Kankiewicz COMMUNITY DEVELOPMENT DEPARTMENT ATASCADE4 STATE SITE: 11455 Viejo Camino ° PITAL Gen-Plan Amend. 2E-88 HO ° Sub.Sng.Fam. to EC. : / Low Den.Mult.Fam. & • / Within Urban Ser.Area ITY 1\\ s�• ° / • • • �'1 RECREATION 0p. C K 0 U TI- AMILY p R VIEJO 1 4, N \ L �\ f� S � At I ° ° °• ° € 10 m a Z.r IO �tz ATA 4 J)E,0 ORDINANCE NO. 177 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 23 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY AT 11455 VIEJO CAMINO FROM RS (FH) (RESIDENTIAL SUBURBAN FLOOD HAZARD OVERLAY) TO RMF/16 (RESIDENTIAL MULTIFAMILY FLOOD HAZARD OVERLAY) (ZONE CHANGE 11-88 KANKIEWICZ) WHEREAS, The proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, The proposed amendment is in conformance with Section 65800 et. seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate: and WHEREAS, the Atascadero Planning Commission held a public hearing on June 7, 1988 and has recommended approval of Zone Change 11-88. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to Multi Family Residential as expressed in the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify portions of Lots12 & 13 of Block 67 of the Atascadero Colony as show on the attached Exhibit "A" whish is hereby made a part of this ordinance by reference. • • Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HERRf ENGENJ Community D t velopme irector • EXHIBIT A - ORDINANCE Zone Change 11-88 • CITY 11455 Viejo Camino OF ATASCADERO � RS (FH) to RMF/10 (FH) ` Z COMMUNITY DEVELOPMENT �,. DEPARTMENT i SITE: 11455 Viejo Camino . Zone Change 11-88 RS (FH) to RMF/10 (FH) Kankiewicz --Z rCA _ / o L or O ' Zo��Q j 6 � oe� J Oj R m\ / { VIEJO / I C T 4i ND S�N'tf O � ��p R ND qFa� \ R SR S -� _ 10 - ; a C� am 4iy, a / h � '0� W � � f t i Junes is. 1+988 To. i C Ly Counc iF k Via: ;]Bill Hanley, Interim City Manager . l From: Bob. ,Be of, Parks and ,Recresat i on Director 1 Subject. Request 'for Department Sesrvice --Santa Margar",ita On .lune 14. 1988, Staff prese rated ,9j request ; Atascadero Unified� School District for an After Sc-hool4l Playground-Program` t. SantaMargarita School : The _pr would be provided by the Parks and Reoreastso,nDeepartmrent, i Thus item-was re-scheduled to, the Juno, 28 meet 1 nor of the { Council . - ! s. Staff_ has expressed our opinion that au►thoriza't icfi u4lt be rece�i"d from the' Council prior to a p '69ram be lfIT ` ;, implemented at' Santa Margarita Elementary School" Pre a t'l j there is no program at Santa Margarita School ,, and ;.th6 .Seal; Aistrict has. askeed the ;City+ to �cons�idor. ;provi+ding A .Or. f r: similar to those,-,already in place in Atascad4m. A;'co'py-1. ,9 the latter from 'Sohool Superintendent Dr. Anthony �Av na t '' i Mr. Hanley is attached to this report.1' F Concern was eexpresseed' by the Council readi arto i costs. r neurance r rervr ce area, and School Dit j to pro vid this, program through the P'E'A� St f ras,".aiaA,.'�that � a' school district representative be: present to discuss 1 proposal to the- City. Fig—CAL, I I j After. initial startup casts, , the, After `School 10 'r 'is a cast c©verliin activity, including: a+cnistratiwe :ta' . ,If the Council, autboriZero the inclusion of thin s=chool , -into, the ' P r{ogratm. the fee established would cover all exp ensiitire . � a v r 2 \ X ! ` S f y Olso Wit .... - .: $ } .A .J >'F i 4�' V Clay 2 ' ? 1,3�}`E?'� Vl�pb st d'�F1M °� Miil .dg�+'syl�(g�er w .�y ` M EY frk �7�4*£i#'•4.5�4 4+V / a dear Sx ; D pAitr it- ,"of"; the 'City , ' � ► c ' }� 4 for i§t,wdaats ar. �s�i�L� iWrga 3 t S��i��xl. '` Our a��� t ' argar to chp61 prea•�+ ' ��. have. � - + � to �`� <p'tv t,a; n thet ' f n a ca€ r arra`pz`c►v od- �►�th + - pr C z Santa F ;, ► ccxa� 4 ` h t. y yw oi+�i4V if may{ f4}3 j ' i ii fi ? fi^J4 'R- W.1 """' �$•''R'Ai i A +1i i'i, i 1 ! E '� r X .' ::. ha tot. th Yak ?xt yp w�[}�. �,yy� a y��+�.]y��[ 'ri{{ #1� yy-$*it t i~�yYX C /4� 1w KR$-LW PWI' %4P 3a �I r, xaae,��M��dd`sledr A. #1 Nf'.. �*,¢ c` .r ;s,(�P,��t.'i. A" ,5 . t -` •'it, ,'(4 a'H''�h,6, �tIA �y ` ' +ori ' ��+e`c t . 4 ppt3,C' ,G# E# '. 'l i .�'#1 r tat E r'#«• € i "� '�� r f r 1 T h a p # hF P 'ki.r"4+ �r `HI i CrR`{*a i�r( �A,rts 9e' ' p 7AF te f kP J 5 tl § i' X F ' L� r 4 y y Jpuvw t 4� � v 5 c � r }�j{fyy�y y��t��M`a+_ #y�,�y +qy p A el Z yiy► +iT�++�.y� 2� � F' �� 'S �f' ,y# ��� - ; a MAW - 001 : A� MZ, KORAxn :vM F TO: Mayor and City Council Members Juhe . A, 1988 FROM; William Hanley, Interim City Manager " r SUBJECT: LETTER OF REQUEST FROM MR. MRSW.P. a 2D IMGTHEIR Mtn fl R D PROPERTY y , Fallowing, receipt of Mr. and Mrs ..`Guidry' s letter Of Jobe I 1988, David Jorgensen,, Interim_ Administrative Services Pirector, And 1, met with Mr. 'and Mrs. Guidry on, June. 1 , 98 and', r i w the six year history .of the City's abortive,, attempts to acquire {. their Morro Road lots, for Atascadero flake Park expaagl n. ' As' a result of� that meeting, and recognizing further that, 1. Mr. Guidry is presently in the midst of negotiations to Sell the 'property :in question to a private ,panty; and, 'the: City does not have the funds to effect` a prompt acquisition,4it is{ my recommendation that the City Council. dimply, with the essence o Mr. Guidry's request To be precise, I recommend that the ,City Coun i.l .author .lie Me 1'to inform Mr. and Mrs. Guidry, in writing, that the City does not have the financial capacity toacquire their Morro- Rodd ,lots At this time, and therefore, has no present, intention to pursue theiracquisition. File. Guidry r Y ' , ,f f , "_ nX' s . r F MEM0RAND <UM TO: Mayor►r and City Council Members; June 20 , ROM- William Hanley Interim City Manager SUBJE T: LETTER OP REQUEST FROM CsARDN IR MfJRRO ROAD EVIT Following receipt of Mr. and , Mrs . Guidry's letter of Juana 1988, David Jorgensen,; Interim`\\ Administrative Sirvices ;Directot', and I met with Mr. and Mrs. Guy dry' on June 16,, 198& and. rev e the six year history' of the City' s abortive attempts to acquire' their Morro Road lots for ''Xtascaderc Lake ,Park expansion,.. Y As a result of that meeting, and recognizing furthe that: ' 1, Mr. Guidry is presently in the midst of negotiation$ Fto. �el�. the property in question to a private party: and 2. 'the City does not , have the funds to effect`a prcampt acquisition,:: it is. my recommendation , that the City Council comply; with 'the ess, ce cif. Mr. Guidry" s request. To be precise, I recommend -'that the City Council iuthorize , e' to' inform Mr. and Mrs . Guidry, in wri`tinq, that the' City ' does not have the financial capacity to acquire their Morro ,Road lots at this time, and therefore, has no present , intention to persue their acquisition. WH:kv Fila: Guidry` y I0 OA �. <_ June CkE 3 v �d i f5 � / 4 To. , t7r ounc x i a r Via.- B1I f Han ay;� Interim ity Manager-, q : tirrIirPi . ndereFriaBob actr, Subject: Ataedadesro Lake Improvement Pro jiwdt tidy 71 \ f The .bid 'odost for the Atascado o Lake mVrCt`1t �t t ' Project vMS -completed on June 13, 1988 with the� f bids for theyInitiai '.intereasst in: the � ' h,asrh, as, appr imately ,25" sept `Of piatne ,:send spa i is ti.ar were Provided to contractors throughout, Call ifornza The --Project, .to-, be funded by a 281.C1 St . ra included the%: �Iia�rir�� l) C?z��a�.a�ein S9*tem; ) ids It ' sy1#8l'R; 3) D Ott-icy Water, Source to 'Lake.-- 44 ' Vis• i n C>f r Watar .Supply .Line from Atascedero Creek, ! ) Iscland, area improvements inc i udi ng atquat i c p,i ants' .around terlaa . 40 rw rWtruct i on ,*f a s 11 tat i on bas i'n and fonc+e y Information obtained, by the City aftat, the fi pis crstepi ►ted indicateda reiuetance of irdntractor ` t+ bid.,,on ' the mastic Planting portion of the bid. Staff, proper 0o have this .portion ase an optional itam duriar the {r 4is process if bider axe'; resected by Council as- -A s A total of two bids were received for the, pr,040 t. r are"as forio*M r Awwciated Pac'i f I C C4nstru+CtE rs i 1, l oerro ,Hay Ca i Spiess Construction 4338'..900 \ Santa Maria. Cal . Reject bids. ` and authori1e Staff to re--did thea � At-asc demo Lake. Improvement Project. r The, est a mated Cost for the above project hot i nc i uA ov Engineeringr related coats, is: 98 .000. They i)64, bi.d, or, pro j+ect is $810500,.-Over the Eng i ne+ers est is to, 'a i tbiD'Ugn;.'t f w' , � ` ; -, � t)ATT,� �,j - ,, I I " , �, ,�4 �� ,�7 0 ��(V �� ,ii" � 11� I I � � _ , i:, I"'�,,, """ 3,':\.1 , i,I"_', � -1 '� 1, � 'w . t I ' ' I " ,- I 1_1 , ,,,, :, - " ,V�:�Aft , I "IMPUR0,5, " Ss 1 1 iJ A �,, r # r �� '{ i �. A x r a r s ..iA1z, Y fi , m; � r F1W "I s € spa 4 "3 _ 3.., t t� 1; I I, RM I * may.t :i ,^. 000 , ' Or,o +F� rigg �p 'r t fiyp" y�� t4 k't 'yam$ 3� y�, .! ...} - P #4y i S i '"" q� I �� k k. � -0` �r � ,? J g , 4e , , �' �' a: p x z ° r. � ill k ,V i <'r r 't P`, �" } + ,� f �r��t''s. i °A 'tadam• ' ri a 5 _ 1w s 1` sz`� Jxr ) 11 �. �tin� ' 1 ?r �� a r 4 '1. d 1 ,g '� �y�R, F , .,,�1ct ,, ! " IL11,51 �: w s �} fia k ^ ? 'U"AOI e r x -} h r -2 1 -#r> sz ,Z- 11 '\.x.,, - Peh t'ra z ,fir * �`'�` ,� �` e- iffillO. , x. J X' t Y. o I j a% °'` ,,ii �s *� E �V 1. t. r y it faymo " s x_ *q1 G� � + ahs T � X a` f � , 4 { r- � r �s f t a r ` r f a is ° '�.'. a o, w t e1 r tiif I c b'3 t {,�: 4- t r; lca r 4 � � , •"" MPGa "�' I - t' S ,1 t r ur '�11 , r � 'I I JA Y 4 xq 4 a l R < 2 C -` m :, j r� '4;� a} r ,? J - .„� 1.: k a. y I � 1/ 0, i" ✓ . T of / s 4^` b.� .fit 'r�^`* f v `` R�#�', t y,, '�-' !, ,.* y&U-1000. C x ,7 ;Qhs 1 `y`='r > 3 k Y*fi r f -' 'e3Syr �f 1" N. "in t ! t ; ¢ : - t ``: S 1 � '� . "" TI 'll � � 4" t t ,� �� - , jP! a TV ,r { �, i , s yq k { r 'Cc Y� � i ,� • ��S i � -� max; x * r'; C a c s gn t 4' RMx J n � - Y rd i �` i A ix. v..k;i L i. ,� ?n ,, ,, !! $ a ; ", " & 1,11 I s� c11 { ^ a t y,Q Fr t 'f§ '�r" z'f'�,•fr s "� ' It 1.1 1 F -x � � c t x-� y � a i �, S " t 'a; t F-'� "�O r k ti. pg 5; 4 f :i � Y ,f,. . h0 union- ��''r a t' a� `�� r 11,�MAT- 1 I 11 v^1 i r« % _ s ( r n aA t.{S. �.- . qy; t'� e w �< % r � r - �. � Qr s " ��-^`2T�k �� " �� � 1 kr d r ,T s t r` 3d +s, a , �. _; �� , , d x � f 'V1 1 41,, 2 y a , a} t, r t 1 r S r I- a ,,k. ;2 ' � r'z Y f T a-A f ,r v" �;T r Y ,. x g a �, sF e ( d r to 2 ' ,� t s t.11 x sN ` �, a ` > �' j`"� r 1, s 4 i oil WX A Am, x .h�•' r �t7 `� 3"A I TV WQE ¢ �S 1 v 4 �� 1 t� f f_,. 'f k-Fl6-'1? �S'` �A �f ;Yy, UM 4 A01 — #� � z / ,; t 2 a � � s tA. F : 11 i ! � x. � t , , 11 r sa. -'� Pw ' � Y rr F' " t ,1 AM t":I r 4 t ` t " q j r q°, `?£'*` ."`� x 11 t, it 00-9 A � �'- s f �r L 1�a, c a r; t y " / . ✓ r� �� p"� e a b ,� illl' r , "�` 't l p ""` " ,� k„Wi,n ,` As"� a rF � � — � , , , , - , - I�,i� I -i­�,, ; P� ne, , , � ,,�` 'a K - t i< S 9": � ,.J 7 rf ,�,ry 1,i 4 Y A\ x rs; " .-4 r� ,i p` x;' t C, z "� �r ? w x,., __..�x", �,.. �__ :., ,... �_ __ ^ _ ,sem,., . WITIM . J M 3 M 0, R A N D U M 'F'0: Mayor and City Co ' 1 June, FROM: William Hanley interim City Manager SUBJECT: POP I STACKLE SHOP AND DUCK C cxs oxa- RZ tv1LI - C NCS RC�22IF At your June 14, 1988 Council Meeting, questions Were .raiieod.- with respect too: the promptness of payment by the sub concessionaire. At my request, Bob Best, P4 k' and Recreai_3o4 Director, reviewed the history of the cohcess 'ons overt -pest two years, and has memo summarizing , the .record of p*y*ent ,.,ie attached. As you will note, the concessionaire' s record of payints Iii ` been very business-like, averaging somewhat lees 'thaa three ta�ye after the due data of the 10th of 'the following mons i The termo of payment for the Duck 'Hut were amended for the -108.7/180isc , year, and it took some time for the concessionaire to t up h ,s books to comply with, the new requirements Those proce ares have , been. put 'in place' and no further unusual delay, ,, in-1;'d pa 4 `= is' anticipated. We would, therefore, recommend again that the once.ssion$! b approved on the terms ind ;conditions submitted. WH:kv XFile: Oswald � Attachment I \ X t \: f, i id Or i T" Bill 041ilOY Intl i i-A C From' ; �, t, � Par 10 ly ,� �� ,t�tic�� .B ract E 9ubj*ot..­'favm6ht REQ P ? aC l� and ►3t A lot* tea ":,jpa t o a+c l aand'°�Du�c t rr � 1�1 be fi t 1 the, t� a d`, nut0ber b paw tr' at 1� >C X41; r,.. ntw ..h`and . 4 pair `° `f to Ju1j► ,�'�t1W per Yr c� ;` + ; ew a�ci �rr sjritl `;. Th Pops Ef�f �tiv+ duly ? i. °15 µ e ,. r "Gd tha _ "fficn"ul* as -= ,of �at� � :�r�th � art'"due . ' MW 7/10/ " fir' i .i v f 6 + 3r _ 1.1�e` 3 weyy fqy/ t g / w;'z 4/141 s " " 44 l 8/14/0 U 4 4 ..46 313. ,'54` 47 �"1 1 1,1f 5? AiaF, yr + " lfh i1 s ,s. 1d has n��-�� � �a t1)� ald onthe; 10, � } r payment is acceptable in my opinion. This does not reflect that Pops Tackle is consistently very late on payments. Except for during November 1987-February 1988, they have always paid their rent . The business does not yield large revenues to the City, and is more service oriented than profit making. If you have any other questions please let me know. AskIEETINQ AGENDA�/�„[J G� DATE ITEM# June 28, 1988 To: City Council Via: Bill Hanley, Interim City Manager From: Bob Best, Parks and Recreation Director-6 -- Subject : Use Permit Renewal-Atascadero Lake Food Concession BACKGROUND The City currently has two concessions at Atascadero Lake operator by an independent contractor. One of these concessions is the food concession stand ( "Duck Hut") . The operator, Mr. Richard Oswald, has provided an excellent service at no cost to the City. RECOMMENDATION Approve the renewal of the Use Permit for the food concession stand ( "Duck Hut") under the operation of Mr. Richard Oswald. The following conditions apply: 1 . Business License renewal . 2 . Certificate of Insurance naming the City as additional insured, with a minimum liability coverage of $300, 000. 3. Proof of Workers Compensation Insurance. FISCAL IMPACT The lease requires the payment of 8% of gross earnings be paid to the City on a monthly basis . USE PERMIT DUCK HUT The CITY OF ATASCADERO, a municipal corporation of the State of California hereinafter called City, having property or space not presently required for use for City purposes, hereby gives permission to the provisions of Government Code Section 25536, to Richard Oswald , hereinafter called Permittee, to use the following described property or space for such purposes and upon such terms and conditions as herein provided : Permittee at his own cost , risk and expense, shall maintain a food concession stand at Atascadero Lake Park . It is further understood and agreed that in accordance with the terms of said agreement , the City of Atascadero , acting by and through its Parks and Recreation Department , will administer this permit for and on behalf of the City. WITNESSETH: In consideration of the mutual covenants, conditions, promises and eements herein contained, the City and Permittee hereby covenant and ee as follows: 1 . Grant and Description of Premises: The City , for and in consideration of the agreements hereinafter stated , grants to Permittee the non-exclusive right and privilege to maintain and operate a food concession stand , which concession site will be specified by the Director of Parks and Recreation for the City of Atascadero . No concession rights expressed implied , other than those expressly given in this permit are granted , and any other concession rights are hereby denied Permittee under this agreement . It is understood that the privileges granted herein are non-exclusive and the City reserves the right to grant other similar or identical concessions. 2. Condition of Premises: The taking of possession of the subject premises by permittee shall , in itself, constitute acknowledgement that the premises are in good and tenantable condition. Permittee agrees to accept said premises in their presently existing condition "as is" ; and the City shall not be obligated to make any alterations, additions, or betterment thereto . 3. Term: The term of this permit shall be for a period of one ( 1 ) year and shall commence on July 1 , 1988 and end on June 30, 1989 both dates 40lusive, unless renewed or extended as herein provided. At the iration or termination of this permit as herein provided , Permittee shall within thirty days thereafter , remove from said premises or otherwise dispose of in a manner satisfactory to the City , all personal property belonging to Permittee located on said premises subject to the provision of Paragraph 9 of this agreement . Should Permittee fail to remove or dispose of his property as herein provided , the City may, at its election, consider such property abandoned or may dispose of same at owner ' s expense. Also , at the expiration or termination of this permit , Permittee shall quit and surrender the said premises including real property improvements in a good state of repair , damage by matter over which Permittee has no control , flood , earthquake, riot , fair wear or tear expected provided that such exculpatory provisions shall not extend to any risk which Permittee is required to insure against as herein provided . Should the Permittee hold over after the expiration of the term of this permit with the expressed or implied consent of the City, such holding over shall be deemed a month to month tenancy at herein stated rent , subject otherwise to all the terms and conditions of this permit . Permittee shall maintain such records and accounts as the City Finance Director shall require. The City may require the Permittee to have his records and accounts audited by an auditor acceptable to the City, and shall present said audit to the City Finance Director within thirty (30) days after the completion of the audit . City may make its own audit of Permittee ' s records and accounts at or about said time, if it so desires. If Permittee has failed to make the required audit , or said audit is shown by City' s audit to be incorrect then Permittee shall pay the costs of City ' s audit . Time is of the essences in the tendering of payments under this rental agreement . Failure by the Permittee to tender within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this permit . 4. Quitclaim Deed : Upon termination of the rights hereby granted, Permittee shall execute and deliver to the City within thirty (30) days after service of written demand therefore, a good and sufficient quitclaim deed to the premises described herein, including the improvements thereon. Should Permittee fail or refuse to deliver to the City a quitclaim deed as aforesaid , a written notice by the City reciting the failure of Permittee to execute and deliver said quitclaim deed as herein provided , shall after ten ( 10) days from the date of recordation of said notice by conclusive evidence against permittee and all persons claiming under Permittee of the termination of said permit . 5. Rental : Permittee shall pay the sum of eight percent (8Y.) of the total gross earnings of Permittee in this operation hereunder . Permittee shall pay the amount which will , if added to all previous months payments for that year equal the prescribed percentage of all accumulated gross earnings to the end of such month . The term "gross earnings" wherever used in this permit shall mean all monies, property or any other things of value received by Permittee from the use of the premises described above without any deduction or deductions, provided that the term "gross earnings" shall not include any sales or excise taxes imposed by any governmental entity or collected by Permittee. Payments to the City shall be made to the order of the City of Atascadero , Department of Parks and Recreation, P.O. Box 747, Atascadero , CA 93423. All such payments shall be made the tenth ( 10) of the month following that in which said earnings were received by Permittee. Permittee shall keep true and accurate books and records showing all its business transactions in separate records of account for the concession, in a manner acceptable to the City, and the City shall have the right through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records; and Permittee hereby agrees that all such records and instruments are available to the City. All Federal Tax returns of Permittee insofar as this permit is concerned shall also be available to the City of reviewing purposes. Permittee shall not use or permit the subject premises to be used in whole or part during the term of this permit for any other purposes other than as set forth without first obtaining consent of the City. Permittee expressly agrees at all . times during the term of this permit , at its own cost and expense, to maintain and operate said premises in a clean, safe, wholesome and sanitary condition, free of trash , garbage or obstruction of any kind and in compliance with any governmental authority, now or at any time during the term of this permit in force relating to sanitation or lic health , safety or welfare; and Permittee shall at all times thfully obey and comply with all laws, rules and regulations of Federal , te, County or other governmental bodies or departments or office thereof. Permittee shall remedy without delay any defective, dangerous or unsanitary conditions. All services performed by Permittee relating to the operation and management of the concession are intended as considerations supporting this permit . No rights expressed or implied , other than those expressly given in this permit are granted , and any other rights are hereby denied Permittee under this agreement. 6. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving thirty (30) days written notice to Permittee of its intention to do SO . 7. Title To Improvements: Permittee acknowledges that title to all real property is vested in the City. 8. Personal Property: Title to all personal property provided by the Permittee shall remain in the Permittee. 9. Construction or Modification of Improvements: Permittee may construct or modify with the approval of the Director of Parks and reation any concession improvements. Such construction or modification 11 be without cost to the City. i 10. In the event that the construction modifications or addition to concession improvements are desired , the approval , in writing, of the City shall first be obtained prior to such construction, modification or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval . 11 . Completion of Improvements: The Permittee at his own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit . 12. Ownership of Improvements: Title to improvements ont he premises at the commencement of this permit is retained by the City and this permit is subject to any rights or ownership in the improvements. All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by Permittee until expiration of the term or sooner termination of this permit . Permittee shall not , however , remove any improvements from the premises or waste, destroy or modify any improvements on the premises, except as permitted by this permit . All improvements on the premises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee, become City property free and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and indemnify the City against all liability and loss arising from such claims or from the City ' s exercise of rights conferred by this paragraph . 13. Maintenance and Use of Improvements: Permittee agrees to maintain any and all concession facilities on the subject premises in good order and repair , at his own cost and expense, during the entire term of the permit . Permittee shall perform at his own cost and expenses, any required maintenance and repairs, and should Permittee fail , neglect or refuse to do so , the City shall have the right to perform such maintenance or repairs for the Permittee ' s account; and the Permittee agrees to promptly reimburse the City for the cost thereof, provided however , that the City shall first give Permittee ten ( 10) days written notice of its intention to perform 'such maintenance or repairs for the Permittee ' s account for the purpose of enabling Permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right to make repairs at the expense of the City. Permittee may employ, pay and supervise personnel to look after the concession. Such personnel shall be responsible to Permittee and cooperate with City personnel . All of Permittee ' s personnel shall be of good moral character and shall be physically able to handle their duties and must be promptly replace when derelict in their duties. There shall be no drinking of liquor , or other alcoholic beverages in or around the area by Permittee ' s employees. 14. Utilities and Services: Permittee shall be responsible for the payment of all applicable utility charges. 15. Equipment : Permittee, at its own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner throughout the term of this permit . 16. Signs and Approval of Name: No signs, names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City. 17. Quality of Service and Controlled Rates and Charges: Permittee agrees that he will operate and manage the service and facilities offered in a first class manner and comparable to other first class concessions providing similar facilities and services during the entire term of the permit . Within the term of this description, Permittee agrees to maintain a high standard of service at least equal to that of other establishments in the City and/or adjacent communities for similar operations. The City shall have access to , and the right to inspect the schedule of or performed rices and rates for goods sold rented or services rendered p P 9 � upon the subject premises. If the City determines that any price or prices are unreasonable or inappropriate for the services rendered or items sold , the same shall be modified as directed by the City; provided that permittee, prior to such notification, shall be given a reasonable opportunity to fer with City and justify such prices. The Cit reserves the right to prohibit the sale of any item which it Y 9 deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public . A competent employee shall be on the premises at all times which the concession is in operation. Permittee shall post rates and prices for all rentals and services in such places as may be designated by the City. 18. Closure: At any time should an occurrence necessitate the closing of the park to the general public , the Permittee shall have no recourse by law to the City for losses incurred. 19. Hold Harmless Agreement : Permittee hereby agrees to defend , indemnify and save harmless the City, its officers, agents and employees in any and every way from any and all manner of damages, charges, suits, and expenses which they may sustain or be put to by reason of Permittee ' s occupancy or use of the premises, or any activity carried on by Permittee in connection with . 20. Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit , at Permittee ' s expense, worker 's compensation and public liability and property damage insurance in companies authorized to issue such insurance int he State of California. Said insurance policy shall consist of the following : a. Worker ' s Compensation and Employer ' s Liability Insurance: Permittee shall maintain in full force and effect , for the period covered by this permit , full worker ' s compensation and employer ' s liability insurance with limits of at least statutory requirements with an insurance carrier satisfactory to the City . In the event Permittee is self-insured , he shall furnish a certificate of per- mission to self-insure signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento . b . Liability Insurance: Permittee shall maintain in full force and effect , for the period covered by this permit , bodily injury, personal injury including death resulting therefrom and property damage insurance with an insurance carrier satisfactory with the City. This liability insurance shall include, but shall not be limited to , protection, against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence occurring in or about the premises which are subject to this permit , or resulting from Permittee ' s use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: Single limit coverage apply to bodily and person injury, includ- ing death resulting therefrom, and property damage or a combina- tion of both -- $300,000. The following endorsements must be attached to the policy: 1 . If the insurance policy covers on an "accident" basis, it must be changed to read "occurrence" . 0 2. The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements. 4. BROAD FORM property damage liability must be afforded . S. The City of Atascadero and their officers, employees and agents, shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance effected by the City or other name insured will be called upon to contribute to loss covered thereunder . C . The following requirements apply to all liability insurance to be provided by Permittee: 1 . A certified copy of each policy and a certificate of insurance shall be furnished to Parks and Recreation within twenty (20) days after execution of this permit . (A certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. 2. Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Ten ( 10) days written notice is not acceptable, except in connection with worker ' s compensa- tion insurance. 3. Insurance required shall be placed in a company or companies acceptable to City and shall have a policy holder ' s surplus of at least ( 10) times the amount of limit of liability afforded by the insurance company. 4. Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee or any sublessee may be held responsible for payment of damages resulting from its operation. j5. No policy is acceptable if it contains an exclusion relating to occurrences in any manner arising out of the use of alcoholic beverages. Providing , however , that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove, for any occurrence arising out of the use of alcoholic beverages. d . If Permittee does not keep the insurance required by this paragraph in full force and effect at all times during the term hereof, this permit shall immediately and automatically terminate, and all rights and privileges granted hereunder to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 21 . Taxes: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax assessment or assessment governing body upon any interest in this permit any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assessments and charges on goods, merchandise, pictures, appliances, equipment and property owned by it in or about said premises. 22. Inspection of Premises: Permittee agrees that the City acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect them. 23. Inspection and Maintenance: The City reserves the right of ingress and agrees to inspect , investigate and survey said premises as deemed necessary by the City , and the right to do any and all work of any nature (sthe preservation, of maintenance and operation of the park in any areas hin the confines of said park . Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such a manner that the City may proceed expeditiously. - -I 24. Permit Notice: Any notices herein provided to be given or which may be given by either party to the other , shall be deemed to have been fully given when made in writing and deposited in the United States Mail , postage prepaid and addressed as follows: To the Permittee: Richard Oswald Box 935, Atascadero , CA .93423 To the City: City of Atascadero P .O. Box 747, Atascadero , Ca. 93423 Attn: Parks and Recreation The address to which the notices shall or may be mailed as aforesaid b either party shall or may be changed by written notice given by such party to the other as therein before provided , but nothing herein contained shall preclude the giving of such notice by personal service. 25. Waiver of Permit Terms: No waiver by City at any time of the terms, conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained , not of the strict and prompt performance thereof . No delay, failure or omission f the City to re-enter the premises or to exercise any right , power , privilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescence therein. No notice to the Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default . No option, right , power , remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given to the City by this permit shall be deemed cumulative. 26. Modification of Permit : Not withstanding any of the provisions of this permit , the parties may hereafter , by mutual consent , agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to permittee for any purpose for the performance of any obligatio of Permittee hereunder . 27. Assignment and Subleases: Permittee shall neither assign, sublease or otherwise convey any interest of any sort grant by this permit to any person or person, entity or entities whatsoever without prior written consent and approval by the City. Any document by which an interest is granted , subject to the approval of the City, shall indicate that the person acquiring that interest has been advised of all of the terms of this permit and takes his interest subject to those terms and conditions, and recognizes that upon termination of this permit , the City at its sole option, may elect to treat any assignee, subtenant , or holder of any interest conveyed by Permittee as the City ' s tenant , subject to the terms and conditions of this permit and that entered into between the assignees, subtenant or holder of an interest conveyed by Permittee. 28. Breach of Permit : This permit is made upon the condition that , if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms, agreements, conditions or covenants herein contained on the � art of the Permittee or should Permittee become P insolvent , or bankrupt , either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate; and the City may enter upon the premises. Permittee ' s interest hereunder shall not be assignable in bankruptcy. 29. Waiver of Claims: Permittee hereby waives any claims against the City, its officers, agents, or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of his permit , or an art thereof or b an judgment or award in an suit or proceeding Y P Y Y J 9 Y declaring this permit null , void or voidable, or delaying the same or any part thereof from being carried out . 30. Actions: In the event of any action or suit upon this permit , the City shall be entitled reasonable attorney ' s fees and all costs, disbursements and expenses including administrative expenses. 31 . Right of Entry As Agent : In any case in which provision is made herein for the termination of this permit by the City in case of abandonment *vacating of the premises by Permittee, the City in lieu of declaring a feiture may enter upon the premises. To such end , Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee. In such case, the City may re- let the premises upon such terms as it may deem proper , and if a sufficient sum shall not be realized thereby, after paying expenses of such re-letting , to satisfy the rent and other sums herein agreed to be paid by Permittee, Permittee agrees to save the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of their paragraph. 32. Duration of Public Facilities: By entering into this permit , the City makes no stipulations to type, fixed location or duration of public facilities to be maintained at Atascadero Lake Park . 33. Time of Essence: Time shall be of essence in the performance of this permit . 34. Eminent Domain: If, during the term of this permit , any property described herein or hereafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activities, for the use of said premises for such purposes when such ismission shall not interfere with the primary business of Permittee. 36. Hazardous Substances: No goods, merchandise or material shall be kept , stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive of dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises, other than is authorized by this permit and no machinery or apparatus shall be used or operated on said premises which will in any way injure said premises or structures; provided that nothing contained in this paragraph shall preclude Permittee from bringing , keeping or using on or about said premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying onr its said business. Gasoline and oils shall be stored , handled and dispensed as required by present , or future regulations and laws. 37. Nondiscrimination: Permittee and his employees shall not discriminate because of race, sex , religion, color , material status, ancestry or national origin against any person by refusing to furnish such person accommodation, facility, or his employees publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, age, sex , religion, color , martial status, ancestry or national origin. In the performance of this permit , Permittee will not discriminate against any employee or applicant for employment because of race, sex , age, color , marital status, religion, ancestry or national origin. 38. Paragraph Titles: The paragraph titles in this permit are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this permit or in any way affect this permit . 39. Permit in Counterparts: This permit is executed in counterparts, each of which shall be deemed an original . 40. Permit Documents: The complete permit between the parties hereto shall consist of the identified documents: This permit titled "City of Atascadero Use Permit" , Exhibit A. 41 . Remedies Not Exclusive: The use by either party of any remedy specified herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. 42. Independent Contractor : Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner , employee or other agent of the City. Further , Permittee acknowledges that this agreement issues and is effective only upon execution by the City Council . 43. Advertising : Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. CITY COUNCIL ADOPTION DATE: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ, CITY CLERK BARBARA NORRIS, MAYOR APPROVED AS TO CONTENT: BILL HANLEY , INTERIM CITY MANAGER �OVED AS TO FORM: PREPARED BY: JEFFREY JORGENSEN, CITY ATTORNEY BOB BEST, PARKS AND RECREATION DIRECTOR Duck Hut Use Permit : Permittee accepts the foregoing use permit subject to all of the terms and conditions contained herein. Permittee acknowledges that the permit will not become operative until compliance is made with Paragraph 20 relating to insurance. Permtt e Signature: �! Y/ 4 R I C44R17 0 LD, PERMITTEE *TING AGENDAC. ITEM# June 28, 1988 To: City Council Via: Bill Hanley, Interim City Manager From: Bob Best, Parks and Recreation Director ` Subject : Use Permit-Pops Tackle Shop BACKGROUND The City currently has two Use Permits at Atascadero Lake under the operation of Mr. Richard Oswald. One of these permits is the Pop ' s Tackle Shop permit, a boat rental and tackle business. The current Use Permit expires on June 30, 1988. With a decision on the future of the Lake Pavilion • expected in the near future, the approval of a one year lease may not be in the best interests of the City. As Council is aware, the Lake Pavilion is closed for general public use, although Pops Tackle is still operating their business in a portion of the building. The current permit allows for the holding over by the Permittee with the expressed or implied consent of the City, with such holding over to be deemed a month to month tenancy with rental payments continuing as stipulated in the Use Permit . RECOMMENDATION Authorize the continuation on a Month-to-Month Tenancy of Pop ' s Tackle Shop under all terms and conditions of the current Use Permit . The following conditions apply: 1 . Business License Renewal . 2 . Certificate of Insurance naming the City as additional insured, with a minimum liability coverage of $500, 000 . 3. Proof of Workers Compensation Insurance. ALTERNATIVES 1 . Renew the Use Permit for the full one year term with Pops . Tackle Shop. 2 . Council could choose to not renew the use permit and close the Pavilion for all public uses . FISCAL IMPACT The current lease requires the payment of 8% of gross earnings be paid to the City on a monthly basis. June 7, 1988 To: City of Atascadero From: Richard Oswald Pops Tackle Shop Subject : Month to Month Tenancy I accept the terms and conditions of the current use permit. with the stated understanding that the Pops Tackle Shop operation will continue on a month to month tenancy. I realize this is due to the uncertainty of the future of the Lake Pavilion. As the concessionaire, I acknowledge that the Lake Pavilion may be demolished/closed for all public uses . In the event this occurs, I will be provided 30 days notice to close the business. All terms and conditions of the use permit will still apply, including 1) renewal of business license, 2) Certificate of Insurance naming City of Atascadero as additional insured, with a minimum liability coverage of $500, 000. I accept the above stated terms of continuing the Pops Tackle Shop iness. Permi ee Signature Richard 0 wald Pops Tackle Shop P.O. Box 935 Atascadero, Calif . 93423 M E M O R A N D U M l To: City Counc i t Through: $ii1 Hanley r From:_ David �G. Jorgense Date: June 21, 1988 Subject: proposed Resolution No. 48-88, €#pprdying Interim Budgets RECI3MMENDftl I ON It is recommended that the City Council approve Int rim Oudg is for all funis ;for Fiscal Year 1988--89 and a} propriate f es# thereafter.. D I SCUSBI slid The'attached resolution 'is requiredto enable continued expenditure of funds for basic personnel and operating a pei-Idi-', tures' until next years fiscal year 's budgets are adapted'»' No capital expenditures,, wi 11 be made unt i 1` the budget ; is adopted or' A. unless specific Council approval is ,obtained. X111 .unepc,-4mbered expenditures made after July 1988, ,in thO interim b fore;bud.gart`Y adoption will .be charged against 1988-89 ,adapted budget appropriations. Based onthecurrent budget calendar*, staff' , plarhs ter ,have' budget work sessions with Council in July. DGJ:a r \interimb ,1 f r s 1 A RE. I:.UT TY CtllJidC 11. # 1. ' Etl " 14f NG Fuld `;Il E I'llT HE 2x'88--$ F ., AND P TtRE �l � � O V . BE IT RESOLVED *.y., t'h* 'Ata 4dird`'City Co 'as 0 I'low � .. pursu ant, to' the ,)Orovi*ia"a of -,tend fort th*Adv r Code hrt r I uc go, t is har tby pj*rOvod t' `i.ty'-t f'', t d ro'`, ar l is ► ," r I' d t`h x:'t �. �� clarta n annu*l,- tcitale' CdrttAi,nv in tarts `F4scal 'Yerait^, arrte• ext r .s 4� into, that . '-is 144ar Irttiq .i+ d f r t § puir .eointirtu;it' alari*-* and''8enefa_te- oxpe�i fdr 5e r v icO and Supp I;i st _. tnO ' l r+.t i i n limited Caya fbr`,a t� fcat`tction in the ,.." rsI Fnd; '-8poci:.al *,4 e R tid 'g En'terpri4 Lunde, capital I,m r+tvet nt Fund, l�esofv and% t x a�I t aat 1ir`th for each dap`ital pro,� dt with the fo2'2+ tr*g tiptilations: F , A. 8a3ari i end 6aent ita, dOpted for Fiedal ar ani21 dors irtue as 14sto :4ndvr '#Expdwtditurt 4 ��. ai�il�ltt�d�� ' ' ' ate' ni•►+ i'*'"wi't tit + Ch iJ ar merit of Fiscal' ''oar �., Bti tq*t ', ,S,alaryy°' an'd '`Wonef t aid'$ul statent'a fot �3'�c�I Y I �1- t i I I be` i» ac�o,irclanrce iii th; approveCi r-a U %t alid i n ;' A100"' addp t i brl tsf a i i : �a ada l Year B. Expae r ci f turar 'for% ma c and,, Supp i.i es, as`- I k ti is ,1 E t ,iter 'Cl a if tat - $orvicea/8 t,ea*' tilt i l IW rich: hepar tmtert t, cif tti lr 1ta 2 Yaar,. 2 9l ?--8 `'�ueiget C rrtttur at* a i th,I ma i n t� n nc� ' 404 a* City, a tr.y4 cl as E,. x to tdit ,for 'Cap t.�,�I l�ut;Is}r; as Is.'s#;eri,'."u r, res �c3i ure, I� � f��dat� �►n �� i'tal flut a�"��, w.ith.O od pa€rtoont', of the l a e sl Year �g8 BUdg;*t, 'at,x I I . 1 tet'd to. tla i r t., gxr chase pay+mo"ts +��z ch 1' 3 € bi, t,td. prit�>~ t ? ht l= ea.l tear 2R8t3 '`and art�' st tl l tFtlgert f't r` ' a Y ar,, SII 'irefrt-ertce atad within tttia,;° ctbn tca;, tta+e picIr` 140741 (budget 0, as, m, -basis for" xpendl turov and fi ar tic n .-; � a I' bea rep laced -by V l r°bp�gs.ed Budget 'fair l I E�, once each budget � di.4*ribut�+d 'ar d.rp `a► e 0,f record., j R . .. * , ,'l � CduvvdA ,from tt to t e,_ dK."; app,rb r and ;authe r e t ri t a Mont o� tdr�-k dg t d ans#e �WIi0 appz� tpar'it v,fiartda' ft�r' tudgetedw ctr non*� udt +�t.ed detmarde ' ' such for a�''�ran�bc�ds�+ 1 . tsr� shall cor#sta� rppsri ra;I ` o i' cae ._a tart -ant in:;paymarst of a "pr`c f dee�srad then for �f • (Res. No . 48-88 con ' t . ) Section 3. This resolution shall become effective and be in full force immediately upon its passage. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call votes: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: ATTEST: BOYD C. SHARITZ, City Clerk PREPARED BY: DAVID G. J RGENSEN, Interim Director of Admiois rative Services APPROVED AS TO CONTENT: BILL HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney M E © R A D U -M Toa City Council' i+ Through-: B i 1 l -Han i oy From: David G• Jorrgenae R Dates June 21 , 1988 r Subject: Proposition 4 Recalculations g , RECCItEPIDAT I CIPd f It is, recommended, thatthe City Council adopt the..raca c4latit -' regarding the City'w Proposition 74 limits for ',411 year includir� -the abase year of 1190--!81 In Navomber, 19,85, the City Council adapted 14o0o)lutidn' ice. iib=. 85, i'ncrearsir the amount df propeYty. tax trarrsferr City. Twq 'adjustmenta' were made: I ., The property� tax base was incroased by; 21 o0o. . 5 etrsmints on new co n'Sti'-action, asses#d . aluati+ h, increases `due to ,change of ownership aid allowable "inflationary" a sassed valuation increases <und rr Proposition 13 were increased from 12..4 cents to .1;�'. co, nt t These two adjustments to property tax threw the 'OrinW1- calculation ..of the, Propositi-on 4 base yeareaut''of rah►ec#a, it was 'the City's ,p.osition in negot1attirig W, th the,}Ccau�+ty that ' these' ; r �1 con 10 Ta, odmiumb k l # + t1►d -in. 7 �c� I��t 1 t�� . r"op0 too + r�, bas* 4+1AS`! Y i J 1 a5z r `t ar' ri C'1: r" p.:4 r k AF -: t♦ }'t, 4e4l� s NRsyJ',yy��, '7y„[y-.� .'. �M•Gf. } `x F r ..d� 'Niee "�� tcs cep*ttahrn to r f 10404: S t p 31 a - �'t } Th yam. - -, y �{. asy. ,�y� /� .y�,: f y �.y, ��,,��tt,, ��! f �_w'$ �� {iiO�!<�"� -w ; ria # i[i os#*,t '�Rk� iti ..�4� �i. F f �" k r:.In p:r-'YjitY'., � au� `gip` �+ � �� 6,10 �.E L y 4,4 �y yg� 'j. L '6, {��ri�.r �y;, �r a� - 3. "Y rhea' `iW. `i 6W.i +#�"i,v aP T T r t i - 1 T1 t� �} " 1"1 t� �t#� ,s "!i Cl + d�'gkod a b8� ► ,t � thir% ' ori .`' - +d f ct "i roc �i ` - cry" b subtr \, Vu r { A�ter,4 X19 4�` 4o f 1 i } `apt# froo t ! f4. � ,,CL Q It tr ot W4 th ktt q 1 tXrart ` �'t� ;>ExJt i he trap, � � 4 Barg 1 W- `. iw.+�[ "r$. 8 Rig Th*",,. � t vL _ 1 V 1 pry Et` to t r r f i * �,�F,yF79k ...„, "t Y k;3 , =73` t4j :''apt:-;�r"i`#�y�t' �►�� of t`og! y; r` afA1lr7t ae ; 2 t Y` Once we arrived at this amount , we were able to calculate each year ' s Prop 4 limit by multiplying each limit by the combination of CPI and population increases. We also recalculated the proceeds of taxes for each year by subtracting from the original calculation both franchise fees and SB325. A complete year-by-year summary is attached . As of the 1988-1989 budget , the difference between our Prop 4 limit and proceeds of taxes is $326, 134. SUMMARY If the City ' s budget in future years grows at a faster rate than the Prop 4 limit , the $326, 134 will not last very long . The City will gain a small measure of additional relief by converting the development mitigation tax to a fee. According to AB1600, this needs to be completed by January 1 , 1989. DGJ:al \prop4re • CITY OF ATASCADERO PROPOSITION 4 ' RECALCULATIONS JUNE 1988 CPI POP. PROP 4 APPROP. YEAR CHANGE CHANGE FACTOR LIMIT AMOUNT DIFFERENCE (BASE 1980-81 YEAR)* 2,353,499 1981-82 9. 12 1 .89 11 . 18 2,616,620 1,855,528 761 ,092 1982-83 6.79 4.92 12.04 2,931 ,661 2,026,597 905,064 1983-84 2.35 2.91 5.33 3,087,919 2,076,816 1 ,011 , 103 1084-85 4 .74 2.88 7.76 3,327,542 2,449,352 878, 190 1985-86 3.74 3.46 7.33 3,571 ,451 2,749,970 821 ,481 1986-87 2.30 6.27 8.71 3,882,524 3,435,787 446,737 1987-88 3.04 4.86 8.05 4, 195,067 3,744 ,425 450,642 1988-89 3.93 6. 17 10.34 4,628,837 4,302,703 326, 134 * Normal base year was 1978-79. Atascadero ' s first full year of operation was 1980-81 hence this became our base year . \newprop4 t Effective for all California Cities July 1 , 1980. i RESOLUTION NO. 47-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING AN ADJUSTED PROPOSITION 4 BASE YEAR LIMIT AND A RECALCULATION OF EACH SUBSEQUENT YEAR ' S PROPOSITION 4 LIMIT THROUGH THE 1988-1989 BUDGET YEAR WHEREAS, the City of Atascadero has adopted Resolution No . 126-85 exchanging property tax revenue with San Luis Obispo County; and WHEREAS, this exchange increased the amount of property tax received by the City; and WHEREAS, this had an impact on the base year calculation for Proposition 4; and WHEREAS, adjustments to the base year for Proposition 4 must also be done to exclude franchise fees and SB325 revenues from the Proposition 4 limit ; . NOW, THEREFORE, BE IT RESOLVED, that the Atascadero City Council does hereby adopt a recalculated Proposition 4 base year and all subsequent year ' s Proposition 4 limits as presented on the attached summary. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call votes: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: ATTEST BOYD C. SHARITZ, City Clerk (Res. No . 47-88 can ' t . ) PREPARED BY: DAVID .: J GENSEN, Interim Director of Adminsty ative Services APPROVED AS TO CONTENT: BILL HANLEY, Interim City Manager APPROVED AS TO FORM: - JEFFREY G. JORGENSEN, City Attorney • CITY OF ATASCADERO PROPOSITION 4 ' RECALCULATIONS JUNE 1988 CPI POP. PROP 4 APPROP. YEAR CHANGE CHANGE FACTOR LIMIT AMOUNT DIFFERENCE (BASE 1980-81 YEAR)* 2,353,499 1981-82 9. 12 1 .89 11 . 18 2,616,620 1 ,855,528 761 ,092 1982-83 6.79 4.92 12.04 2,931 ,661 2,026,597 905,064 1983-84 2.35 2.91 5.33 3,087,919 2,076,816 1 ,011 , 103 1084-85 4.74 2.88 7.76 3,327,542 2,449,352 878, 190 1985-86 3.74 3.46 7.33 3,571 ,451 2,749,970 821 ,481 1986-87 2.30 6.27 8.71 3,882,524 3,435,787 446,737 1987-88 3.04 4.86 8.05 4, 195,067 3,744,425 450,642 1988-89 3.93 6. 17 10.34 4,628,837 4,302,703 326, 134 * Normal base year was 1978-79. Atascadero ' s first full year of operation was 1980-81 hence this became our base year . \newprop4 Effective for all California Cities July 1 , 1980. j E M, 0, Ta s`t City doutnc i l p , TMrp�tghs Bi 11 Hanley. Froms Da 3 d°�7i. -��rgeneen,q, ' f , G" Iia t `stf11R 1 153 f qP j i t i sr+ pm ezic ed:-tha t h ' City CoLinc 3.1 adopt , � C , x i fes- � iot54r?ed, retention.-`amount f6r' 1 i ab i l it Y 04rPOSW N A �At 1"s°Mt P t i nq� -€lf �jutn 1 ; ' 1 $ 3, � t �Y" 'co + r "" ` t aatsi;iity. ciA,ime broker that tl�o eight *,13 r ` trIcset Jt�irll Power# ►" tt+� it ✓ rvrdt ; tta +ni .. r*top t,ion:h# mou ,�? .ant from l�100 '00'0 X01_ i _ yid �+y /w* j� yM.�gi qJ}.y,, j. ;y y./� y jy Y T o ♦ •e Ar X't Wii *' '� 1 es* set a 1t i Y. 1 "". m tho,", ' wwer*" an cohcurr"encu with "this rr4+coswenda ry Qan , c r � r TQ 'citerm3�r kat `cavi e^►gs m i qt►t otur ' i eift # ` their," 1 fres ..�+1 4;4 60 tc►: $*01.04��? t ;. ,•c sr .: r ►��`vei t1 �t"t3 ` d'i�,.,�. .tse * ,4t'Q "SIR but 1 to '.t 1 ` SIR) was {ct�rvped fir` each city cctnidriing m Anclu-4s t ' "d velaped.."for thy' "c t The�cw, years of letrt the most IdCcurate � ofWil th ii,% " ;heave either, tr . n C 1oe+�d or have a un f1 004,h The -aVee"a annual Claims vaIue data �` out ,tb� y `wcau l tleY i x `aran3 • add i t i eira ` trrsn i'uar f �. +�tit""5` 1 r could b+ b ; "i�ci1 to u tci '"rdss + r .it' r' ftiir laix w�c c1 'tie more, than he 00.1 a , ON Qurk aciclitorea prmiun► wcride $A6 C #f9a3r'ing: the-ee;,-,warl 04imo average of -t45,7aO ivee- *nt' a aai : of ` Qi'd3ai inextee' of , i, 11 w€�uldr ".brei` 1 avt ;" ,of" naranc n ,w ; {y y �yy no yyy y E, Th `., 1�i %J 7i1 K1411, Wf lfF,i � E, beet + A Y ' Si k /�j E pd h$�F�/ t a rl t ;tf $ ks�tt iCr w ' 7Mrip y�,, ?an c�ffa!r t! pwr SIR for. t"he ""ei�t is ami# a; e E enaergl°e Gadd iina :. - i,uma' thst ' i l l ; ire e e " ;` ay :, pti `tial l "im that &xcee t t e 54,, "� hR �. j> asi;he, a_ reeul`t, th i ,gear._s� moc ,the 71, 4ightt cities Ko the affect" of, off t�ir�� th'{� '�m�, t �f i�r"+ Prima -y,.�r'errri+ e *verai L.' j�lar'o L est ` .K t I i f RESOLUT I ON OF.' ' ` C T TY t . A'TA ' ET 'IM,THE CITY_ . LIABI I;tY FST ;50(i000 j r � tN fiS the-Cl try.:i, ' t6*tib4t sof the+ " rA. Como Pd+ "s sA is t' t�'�ty',pdal for i iabi i i tty Rur�rras�s� aril 1, r ` iO all itil �T! "t#3Phails + ' Sur a tAb* l �r tf, 3 yam,y, y. y, i .i'i 1#r i 'fr + ' ,'X. i'i �6ppor ,u"fifty far *50 000 • *1#- inw r oce retentlo f4 � a ther1i"i t'it # *S(> AC?t3 ± ty. �svr ; acquired through an 3r�+ r�nc+�. }�rstrnicr� ."�t . pctt�t a� ar7l � sayin 4,, to thy,-City; 75 t ` 4 E EI ME 1315 I° RE,wLvFb, the t .,the C�ty CCatumi � .. Cit+,r"`.oaf s. gra dat t rt se -insUranco Or mo,t jon by catirt i Ivor ol4m -plot-son, hAn a, i t i °ora1i 0;'ty on:, h� f t l ct r i ng r •1` �# AYES t, �. " r F.NOESs. AME C T C I l f r AT,T1rT« s N $ BYE}:CW�I Cath . r r - " 1 I t; t J (Res. 45-88 con ' t . ) PREPARED BY: t. DAVTU G. ` 'OR ENSEN, Interim Director of Adminis'tra"tive Services APPROVED AS TO CONTENT: BILL HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney s FA NMI June 28* 148a a.; Ta: "Cit ^Counc 11 Vie: 13111 Hanley, Int Brim .City Ninager From; Bola Best, ,Parks and Recreat ibn Directdr r { SubJect Park` and;" Reacreati:on Commiss4we Interyle , .. v gecrults nt 'fear four openings on th& ,Puke,, and Recreation Co fission has been domP4it 'b ,the, City; ,Clete -,, '8 nc+e: tho,terms of he,C sinner`'s. 11 iri ehortly, �int.e:rviews "should', be scheduled b to the nerct scheduled meting oithe C sissic� A total of *even (7). e op l i cast ions we*w roctivod,. Thot 7 iclu +ad wapp licat icans .frost two current C iss16 CONIVNIM AT ON I K . Schetdule Parks :'and. Recreaastion Co ion in rviiewa'�e�r JuIY- x2; imatediate ly-' Or6ced.xnq the regularly, etch+�dul;�s3 Counc- l meting. k t 4 i , _ A Bi11ter ► € arHan � 5 f t x.' -tc p A, 4 9 X Y F il L7A�: r Sm Thw ' ,t r�.erk his ` nitiat�ed advirt�. � ve thela$t .regular s'theduled C@uriC1'1 0177 V 2 th Now oa isai suers shQtt d be apt : ta+e 12 , tXt� .* �al',Vr _AN��*j%+Sit I s ,hod yry ); p �j t� 7� - yam+ tela`"Pla �.a�g: 't'4111� $1C�T! 4ei7F �i 7 Ff ' . �1R^ } £ T1 'Obun Cold ii her make the n1 ff.. th�ayyy date air, �t nue the" tier it'' h, E rv- jn i, y, � ff ,a f f �✓ er r f 3� Vf i '; r Y .3 City of'Atdero" 293 TO: William Hanley, Interim City.Managor, J A i rROX« Jeffrey,G. Jorgensen, City-Attorney S#B CT: riri3t Amendment of iContraot of Exployment,, fot Interim :Pity Mana"r n, Attached :.: please find the rirat Amendment of lumtraot of Up1byzent for "Intetiz City manager to' incl .on o ? ' agOnft for the JUhe ' 2B, 1988City .+C ric .k Imeot 0q., , if have any : tjww,.rrr '°o rets. please, feel. f t. ,c a t, at,ypurcouveftience. r nCerely'", 1 r /. - Y J J341f`r rAttad ent CG: Administrative Aervi ee Dire or Y) y, Vfr l y - r I �a►ri� C��,ty M�.r����r a � r BY " l:S � 0929MM .�"", dated „Jona. �8, 19,88, ' ba# 411, z � CITY or ATASCADERO, StAtA rtolf ;California , {hereinaftersd to,, + `City ',} : And- : a Con-tract (her,eina t4k r6f red a '�Contraotar' }., # Contra" " cif lsaymt . " 'Citi Co ', April + j ' 88, Wh J:%by City ' o.oyeetl Cc rtt o r tt , interim ic �sfoCh� 'y lanag� 3 � �:. tolls ." Patrat 15, is a ! �d to contxact. fok ane (1) th, so - tb t s ars tae 1 , shall y r+ .+d: :: . " The t of this Ct'�n" "ar $ 1at .' . i for a r d � try. ..; l9�38,. �:: a 11 =ntin'ums until J tly . 9` 1988, sod t33erea er 'say, � k m ad on at Sof' t-to onth basis -by- mutual t writton n a t t Of r 1, 2 All of wr .0and 'donditiorw bf the of loy xent darted Aril 260 1988 shall remaiW in full arca :{ and. ffaot: 4 � 0 . IN WITNESS WHEREOF, City and Contractor have executed this First Amendment of Contract of Employment on the 28th day of June, 1988, at Atascadero, California. CITY: CONTRACTOR: By By Jjt Mayor WILLIAM HANLEY ATTEST: By BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: By Q,411 lZt64���� Y 7� RG SEN, City Attorney APPROVED AS TO CONTENT: By JGJ:fr/6/21/88 C:AGATA656 i 2