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HomeMy WebLinkAboutAgenda Packet 08/23/1988 CINDY WILKINS DEPUTY CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH 'FLOOR, ROTUNDA .ROOM AUGUST 23.. . 1988 7:30 P. M.. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comment COMMITTEE REPORTS: (Approximate Time - 7 :40 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 11 . Business Improvement Management Committee Association (BIA) 6 . Economic Opportunity 12 . Tree Committee Commission 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 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any Council Member 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. on the 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 August 9, 1988 Regular Council Minutes 2 . Approval of July 29, 1988 Special Council Minutes 3 . Approval of Treasurer' s Report - July 1988 4 . Approval of Finance Department Report - July 1988 5 . Approval of Tentative Parcel Map 8-88 - 9180 Santa Lucia Proposed Subdivision of 7 . 54 Acres into Four Parcels of 1 . 5, 1 .5, 2. 0 & 2 . 5 Acres Ea - Key/Morris/Cuesta Engineering 6 . Acceptance of Final Parcel Map 22-87 - 8635 Coromar (Stoner/Cuesta Engineering) • 7 . Approval of annual Cooperative Personnel Services Agreement 2 B. HEARINGS/APPEARANCES/REPORTS: (Approximate Time - 8:05 P.M. ) 1 . Resolution 89-88 —Vacating a Portion of San Benito Road, Between El Camino Real and Highway 101 - Frederick/Shea (Public Hearing date set at meeting of 8/9/88) A. Public Hearing B. Council Action (Approximate Time - 8: 25 P.M. ) 2. Tree Removal Request - 5220 Aguilla Road - Hicks (Cont' d from 8/9/88) A. Public Hearing B. Council Action (Approximate Time - 8 :45 P.M. ) 3 . Tree Removal Request - 7800/7880 Santa Cruz Road - Davis A. Public Hearing B. Council Action (Approximate Time - 9 :00 P.M. ) 4 . Tree Removal Request - Extension of Vista Road - Ibsen A. Public Hearing B. (Recommend Continuance to Receive Additional Data) C. UNFINISHED BUSINESS: (Approximate Time - 9 :10 P.M. ) 1 . Ordinance 1$0 - Amending the Existing RSF-Y and RSF-Z Zoning to provide a Planned Development Overlay, to permit reorganizing the existing six (6) lots totaling 6 .32 ac. into six (6) lots from 7 , 260 to 9,132 square feet, creating a new open space of 5 . 18 ac. and abandon a portion of Vista Bonita Road - SECOND & FINAL READING (Cont' d from 7/26 , 7/12/88 & 8/9/88) ( Zone Change 15-87 - 9240 Vista Bonita Road - Yeomans/Frederick) 3 0 0 (Approximate Time - 9 :20 P.M. ) 2. Award of Bid for Atascadero Lake Improvement Project to Associated Pacific Constructors ( $117 , 118) (Cont' d from 6/28/88) (Approximate Time - 9:30 P.M. ) 3. Chandler Ranch Road Maintenance Assessment District #5 : A. Resolution 91-88 - Approving Map of Proposed Boundaries B. Resolution 92-88 - Declaring Intention to Undertake Proceedings for a Road Maintenance District (Approximate Time - 9 :45 P.M. ) 4 . Award of Dial-A-Ride Bid to Santa Barbara Transportation- (Cont' d from 6/14/88) D. NEW BUSINESS: (Approximate Time - 9 :55 P.M. ) 1 . Caltrans Request for Right-of-Way - Barranco Rd. Extension (Approximate Time - 10 :05) 2 . Formulation of Wastewater Division of the Department of Public Works: A. Ordinance No. 181 - Repeal of ACSD Ordinance and Adoption of Wastewater Division Ordinance (FIRST READING) B. Resolution 90-88 - Adoption of Wastewater Division Service Charges E. INDIVIDUAL DETERMINATION: (Approximate Time 10: 15 P .M. ) 1 . City Council 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 4 rAEETiN� ,?3 ,�AIGENOA,, _ DAT�� ATASCADERO CITY COUNCIL MINUTES AUGUST 9, 1988 The special open session of the Atascadero City Council was called to order at 7: 15 p .m. - ROLL Q;LL Present : Councilmembers Dexter , Lilley, Shiers and Mayor Borgeson Absent : Councilwoman [lackey Staff P, esent : Bill Hanley, Int . City Mgr . ; Dave Jorgensen, Int . Admin. Svcs . Dir . ; Henry Engen, Commun. Devel . Dir . ; Paul Sensibaugh , Pub . Works Dir . ; Jeff Jorgensen, City Atty. ; Boyd Sharitz , City Clerk ; • Cindy Wilkins , Dep . City Clerk Mr . Larry Fisher , applicant to the Traffic Committee, was in- terviewed by Council . Motion: By Councilman Lilley to appoint Mr . Larry Fisher to the Traffic Committee, seconded by Councilman Dexter ; passed 4:0, with Councilwoman Mackey ab- sent . The regular meeting was called to order at 7:30 p .m. , followed by the Pledqe of Allegiance. flavor Borgeson issued plaques of recognition to outgoing City Commissioners: P_ lannincl Commission: Ed Nolan, Jerry Bond , Eric Michiels- sen ( not presE,nt ) , Marjorie Kidwell ( not present ) and Tom Hatchell : Parks & Recreation Commission: La Dona Nolan and Sheila Kircher ( not present ) _ COMMITTEE REPORTS - Nothing to report 1 PUBLIC COMMENT City Atty . Jeff Jorgensen gave a report regarding conduct at City Council meetings . Referencing an opinion he rendered on the sub- ject , dated Nov. 9, 1987, he reviewed his conclusion that Council has the inherent authority to provide for the rules of conduct and decorum at its meetings. He added that meeting conduct is a matter of civility and common =sense. Mayor Borgeson stated it ' s not the content but the conduct of addressing the Council that is regulated . There was no further public comment . A. CONSENT CALENDAR 1 . Approval of the July 28, 1988 Regular Council Minutes 2. Approval of TPM 13-88 - Subdivision of three (3) existing lots, totaling 1 .47 ac. , of vacant commercial property into four (4) parcels containing .32, .34, .52 and .23 ac. & Precise Plan 20-88 for a 13,480 sq. ft. commercial complex containing four buildings - 6325 Tecorida - Hempenius Family Trust/Grinnell 3. Approval of TPM 14-88 - Subdivision of two (2) lots totaling 5.68 ac. into three (3) parcels of 2.28, 1 .5 and 1 .9 ac. - 5050 Portola - Davin/Cuesta Engineering 4. Approval of TPM 15-88 - Conversion of an approved, but not yet constructed, four (4) unit apartment complex into four- unit residential condominiums - 8425 Amapoa - Carr/North Coast Engineering 5. Authorization to begin recruitment process for Construction Board of Appeals Members 6. Authorization to solicit bids for 1988/89 Road Resurfacing Program Motion: By Councilman Shiers to approve the Consent Calendar , seconded by Councilman Dexter ; passed by 4 :0 roll-call , with Councilwoman Mackey absent . B. HEARINGS/APPEARANCES/REPORTS 1 . Res. 86-88 - Notice of Council 's intent to vacate a portion of San Benito Rd. , between E1 Camino Real and Hwy. 101- Frederick/Sawyer (recommend public hearing be set for August 231988) Mr . Engen, Commun. Devel . Dir . , gave staff report and responded 2 • to questions from Council . There was no public comment . Motion: By Councilman Lilley to adopt Res . 86-88, seconded by Councilman Dexter ; pas-sed by 4:0 roll-call , with Councilwoman Mackey absent . 2. Tree Removal Request - 5220 Aguilla Rd. - Hicks A. Public Hearing H. Council Action Mr . Engen, Commun. Devel . Dir . , gave staff report . He noted this is the first heritage tree removal request under recently adopted Ord . 168 ( Tree Ordinance) . Public Comment (attorney Betty Sanders, representing the applicants (who are out of town) , expressed her agreement with staff ' s recommendation and spoke in suopprt of tree removal request . She noted that the definition of hazardous trees in staff ' s correspondence to the Hicks , dated July 26, 1988, differs from the definition contained in Ord . 169. Speaking as a citizen and local attorney, she urged the Council to examine the language in the ordinance for clarity, feeling it is ambiguous in several aspects . Barbara Schoenike, Secy, of the Tree Committee, referencing the Tree Committee ' s memo dated 8/ 1/88, encouraged Council to require bonding to ensure the survival of replacement trees . Jack Brazeal , a certified arborist , explained the "diseased" condition of the ( 4 ) trees proposed for removal , expressing the opinion that he does not believe the site will be significantly impacted by their removal . Lengthy Council discussion ensued . Motion: By Councilman Shiers to continue this item until receipt of a plot plan from the applicant , sec- onded by Councilwoman Borgeson; failed by 2:2 roll-call , with Councilmembers Dexter and Lilley dissenting and Councilwoman Mackey absent . Motion: By Councilman Lilley to grant the request for tree removals , reserving the City Council ' s right for further hearings as to what , if any, additional requirements there may be of the Hicks, and also require payment of the $35 tree removal fee. (Ms. Sanders indicated acceptance of the motion on behalf of the Hicks. ) Motion seconded by Council- 3 man Dexter ; failed by 2:2 roll-call , with Coun- cilman Shiers and Mayor Borgeson dissenting and Councilwoman Mackey absent . Motion: By Councilman Lilley to continue this item to the next meeting for consideration by the full Coun- cil , seconded by Councilman Shiers; passed by 4 :0 roll-call , with Councilwoman Mackey absent . C. UNFINISHED BUSINESS 1 . Ord. 180 - Amending the existing RSF-Y and RSF-Z zoning to provide a planned development overlay to permit reorganizing the existing six (6) lots, totaling 6.32 ac. into six (6) lots from 7,260 - 9, 132 sq. ft. , creating a new open space of 5. 18 ac. and abandon a portion of Vista Bonita Rd.- SECOND & FINAL READING (Cont 'd from 7/26 & 7/12/88) (ZC 15- 87 - 9240 Vista Bonita Rd. - Yeomans/Frederick) Public Comment Mike Yeomans, applicant , in view of Councilwoman Mackey ' s ab- sence, requested a vote of support from a Council member who voted against the proposal at the 7/26 meeting , in order to avoid a two-week delay. Motion: By Councilman Lilley to adopt Ord . 180 on second reading by title only, seconded by Councilman Dexter . Mayor Borgeson read Ord . 180 by title; motion failed by 2:2 roll-call , with Councilman Shiers and Mayor Borgeson dissenting , and Coun- cilwoman Mackey absent . Motion: By Councilman Dexter to continue this item to the next regular meeting , seconded by Councilman Lil- ley; passed unanimously. 2. Res. 87-88 - Traffic Way surplus property - Authorize exe- cution of Contract of Sale to William Carroll Mr . Hanley, City Mgr . , gave staff report , recommending approval of the proposed contract , prepared by City Atty. Jorgensen as per Council direction at the meeting of July 26, 1988. Public Comment Sarah Gronstrand , resident , suggested proceeds from the sale of subject property be used to purchase property located at Hwy. 41 Atascadero Ave. for the development of a childrens ' park . 4 Motion: By Councilman Dexter to approve Res . 67-88, sec- onded by Councilman Shiers ; passed by 4 ;0 roll- call , with Councilwoman Mackey absent . 3. Res. 76-88 - Proposed Employment Contract for Raymond Windsor - City Manager Dosition Mayor Borgeson introduced both Mr . & Mrs. Windsor to the public . Mr . Windsor indicated he brings no magical talents to the job , only his 25 years of experience; he hopes the caring , honesty and integrity he has developed over the years will serve the City of Atascadero . Motion: By Councilman Dexter to approve Res . 76-88, sec- onded by Councilman Shiers; passed by 4: 0 roll- c.all , with Councilwoman Mackey absent . 4. Res. 85-88 - Ratifying final Gen. Fund Budget expenditures for F.Y. 87/88 Mr . Jorgensen, Admin. Svcs. Dir . , gave staff report . There was no public comment . Motion: By Councilman Shiers to approve Res . 85-88, sec- onded by Mayor Borgeson; passed by 4 :0 roll- call , with Councilwoman Mackey absent . D. NEW BUSINESS 1 . Proposed F.Y. 88/89 S.L.O. Area Coordinating Council Joint Powers Agreement Mr . Hanley, City Mgr . , gave staff report . There was no public comment . Motion: By Mayor Borgeson for approval of the SLOACC JPA Agreement for FY 88/89, seconded by Councilman Dexter ; passed by 4 :0 roll-call , with Council- woman Mackey absent . 2. Request by Ranelletti Development for short-term bond for bridge development fee for Virginia Plaza - 5735 E1 Camino Real Mr . Sensibaugh , Pub . Works Dir . , gave staff report . Mr . Hanley, City Mgr . , commented that new City Mgr . , Ray Windsor , expressed a strong interest in having all alternatives referred to staff so 5 that he might have an opportunity to participate in the analysis and ultimate recommendation to the City Council ; Mr . Windsor felt that this subject was of particular importance with respect to incentives or disincentives on downtown revitalization, and he wants to take an active part in the study. Public Comment Tony Ranelletti , Ranelletti Development , spoke in support of this request , noting that the fee which would be levied against the Virginia Plaza project is slightly less than 4% of the total cost for the bridge. Motion: By Councilman Dexter to continue this item to the first meeting in October , seconded by Councilman Lilley ; passed by 4 :0 roll-call , with Councilwoman Mackey absent . 3. Designation of Acting City Manager for period from August 16 - September 9. 1988 - Verbal Mr . Hanley, City Mgr . , noted his employment with the City ends August 15th . Due that there is one Council meeting scheduled for the interim period 8/16 thru 9/12, when Mr . Windsor is on board , he recommended Council appointment of a department head as Acting City Nlgr . during that time. Motion: By Mayor Borgeson to appoint Paul Sensibaugh Acting City Manager for period 8/16 thru 9/9/88, seconded by Councilman Lilley; passed by 4 : 0 roil- call , with Councilwoman Mackey absent . Motion: By Councilman Lilley to recess as Council and convene as the ACSD Board , seconded by Councilman Shiers; passed unanimously. E. SANITATION DISTRICT 1 . Proposed staff-initiated Change Order - $57,480 - Bordeaux House Project Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Shiers to approve the proposed staff- initiated Change Order for $57,480, seconded by Chairman Borgeson; passed by 4:0 roll-call , with Director Mackey absent . 6 Motion: By Director Lilley to adjourn as ACSD Board and reconvene as Council , seconded by Director Shiers; passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council — On behalf of Council , Mayor Borgeson thanked Bill Hanley for his services to the City and commended his excellent work . Mr . Hanley extended his thanks for the trust , kindness and courtesy extended to him by both Council and. staff during his term as City Manager . He commended the caliber of the Council ' s search and selection of the new City Manager . MEETING ADJOURNED AT 9:40 P.M. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 7 I MEET ,c3�'3 AGENDA _z • ATASCADERO CITY COUNCIL MINUTES - SPECIAL MEETING JULY 29, 1988 The special meeting of the Atascadero City Council was called to order at 3: 15 p .m. ROLL CALL Present : Councilmembers Dexter , Shiers and Mayor Borgeson Absent : Councilmembers Lilley and Mackey Staff Present : Bill Hanley, Int . City Mgr . ; Dave Jorgensen, Admin. Svcs . Dir . ; Cindy Wilkins, Dep . City Clerk 1 . Res. 69-88 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Sergeants Service Organization - F.Y. 88/89 - F.Y. 1990/91 2. Res. 70-88 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Police Officers Association - F.Y. 1988/89 - F.Y. 1990/91 Mr . Hanley, City Mqr . , gave brief staff report . He credited Dave Jorgensen, Mr . Schinnerer (City ' s labor negotiator ) and employee representatives John Barlow and Mario Perez for their level - headed approach resulting in the successful negotiations. Motion: By Councilman Dexter to approve Res. 69-ee, sec- onded by Councilman Shiers; passed 3:0, with Councilmembers Lilley and Mackey absent . Motion: By Councilman Dexter to approve Res. 70-88, sec- onded by Councilman Shiers; passed 3:0, with Councilmembers Lilley and Mackey absent . MEETING ADJOURNED AT 3:25 P.M. MINUTES RECORDED BY: CINDY WILKINS, Deputy City Clerk • T GE MDAT 1TEMTA�.j CITY OF ATASCADERO • SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN FOR THE MONTH OF JULY, 1988 CASH RECEIPTS : Taxes: Sales Tax 100 ,400. 00 Motor Vehicle In-Lieu 87 ,560. 06 Cigarette Tax 4 ,592. 83 Development Impact Tax 11,358. 50 Occupancy Tax 15 ,061. 84 Other Receipts : Licenses/Permits/Fees 45 ,453. 73 Franchise Fee 4,245. 66 P.O.S.T. Reimbursement 2 ,692. 42 Fines/Penalties/Overages 283. 30 Police Reimbursements 2 ,965.50 Prior Year Revenue 145 ,297.27 Zoo Reserve Fund 188. 75 Parks and Recreation Fees 35 ,444. 53 Investment Earnings 55 ,998. 32 Assessment District #4 (4 ,442.58) Amapoa-Tecorida 11,413. 66 Local Transportation 1,491. 40 Development Fees 12 ,811. 97 • Zoo Receipts 5,568.65 Rents/Concessions (49. 00) Sales-Maps/Publications/Reports 433. 35 Special Police Services 106. 00 Miscellaneous 2 ,238. 83 TOTAL CASH RECEIPTS 541,114. 99 FUND TRANSFERS IN: Sanitation Fund Reimbursement 46 ,415. 80 TOTAL FUND TRANSFERS IN 46 ,415. 80 OTHER CASH RECEIPTS: Reimbursement to Expense 2,208.25 Refunds 6 ,894. 58 Bail/Performance Bonds 605. 00 TOTAL OTHER CASH RECEIPTS 9, 707. 83 • it CITY OF ATASCADERO CASH ACTIVITY SUMMARY • FOR THE MONTH OF JULY, 1988 BEGINNING CASH RESOURCES 3,735 ,672. 77 ADD: RECEIPTS 550 ,822. 82 FUND TRANSFERS 46 ,415. 80 INVESTMENTS REDEEMED 699 ,000. 00 LESS: DISBURSEMENTS 766 ,112. 65 FUND TRANSFERS 1,020 ,300.00 ENDING CASH RESOURCES 3,245 ,498. 74 SCHEDULE OF CASH RESOURCES Int. Due AS OF JULY 31 , 1988 Rate Date Checking Account: Mid-State Bank 94 ,958. 74 Certificates of Deposit: Cal America Savings 99 ,000. 00 7.50 09/13/88 Beverly Hills Savings 99 ,000. 00 7. 25 10/11/88 Butterfield Savings 99,000. 00 8.00 12/06/88 First Cal Savings 99 ,000. 00 8.00 11/15/88 Gateway Savings 99 ,000. 00 8. 75 08/15/88 Other Investments: Local Agency Inv. Fund 2 ,655,000. 00 8. 09 N/A Other Cash Resources : Petty Cash 540. 00 TOTAL CASH RESOURCES 3,245 ,498. 74 GERERSIBBACH 0 V V City Treasurer • DATETT AGENDA! —� E ITEM s CITY OF ATASCADERO • .SCHEDULE OF DISBURSEMENTS FOR THE MONTH OF JULY, 1988 DISBURSEMENTS: Hand Warrant Register for July, 1988 1,645. 16 07/07/88 Accounts Payable Warrants 60 ,349. 90 07/08/88 Accounts Payable Warrants 9,246. 26 07/13/88 Accounts Payable Warrants 26 ,882. 41 07/15/88 Accounts Payable Warrants 60,423. 96 07/21/88 Accounts Payable Warrants 15, 314. 12 07/22/88 Accounts Payable Warrants 644,381.51 07/27/88 Accounts Payable Warrants 81,264.63 07/28/88 Accounts Payable Warrants 4 ,419. 88 Service Charge-Mastercard/Visa 2. 50 07/31/88 Wire Transfers 621,300. 00 07/16/88 Payroll Checks #43025-43168 96 ,203. 84 07/20/88 Payroll Checks #43169-43324 101,009. 74 Total 1,722 ,443. 91 LESS: Voided Check #41407 36. 00 Voided Check #41811 15. 00 Voided Check #41774 30. 00 Voided Check #41814 3.00 Voided Check #41778 50. 00 Voided Check #41815 40.00 Voided Check #41784 15.00 Voided Check #41819 33. 00 • Voided Check #41789 200. 00 Voided Check #41820 40. 00 Voided Check #41791 50. 00 Voided Check #41822 1,137. 47 Voided Check #41793 70. 98 Voided Check #41826 500. 00 Voided Check #41795 118. 56 Voided Check #41828 2,760. 00 Voided Check #41 -8 3,163. 38 Voided Check #41692 400. 00 Voided Check #41,o0 15. 00 Voided Check #41699 120. 00 Voided Check #41802 15. 00 Voided Check #41787 1,640. 00 Voided Check #41803 48. 00 Voided Check #41788 2,680. 00 Voided Check #41806 30. 00 Voided Check #42048 321,300. 00 Voided Check #41808 15.00 Voided Check #42060 505. 87 Total 1,387 ,412. 65 I, DAVID G. 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 n the Finance office. • DAVID G. JORGENSEN Interim ;,!A dmrin. Svcs. Director MEETf AGENfltik DAT S ITEM I • M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director ;-W, SUBJECT: TENTATIVE PARCEL MAP 8-88 - LOCATION: 9180 Santa Lucia Road APPLICANT: Linda Key and Nicki Morris (Cuesta Engineering) REQUEST: To subdivide an existing parcel totaling 7 . 54 acres into four (4) parcels containing 1 .5, 1 . 5 , 2 . 0, and 2 . 5 acres each. BACKGROUND: . On August 2 , 1988 the Atascadero Planning Commission conducted a public hearing on the above-referenced subject. On a 5 : 1 vote (with Commissioner Luna dissenting) , the application was approved subject to the findings and revised conditions of approval as re- flected in the attached staff report and revised conditions . There was considerable discussion and public testimony given as referenced in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative Parcel Map 8-88 per the Planning Commis- sion' s recommendation. HE :ps Attachments : Staff Report - August 2 , 1988 Minutes Excerpt - August 2, 1988 Revised Conditions of Approval - August 2, 1988 CC: Linda Key/Nicki Morris Cuesta Engineering • CITY OF ATASCADERO Item: • STAFF REPORT FOR: Planning Commission Meeting Date: August 2, 1988 BY: Joel Moses, Associate Planner File No: TPM 8-88 SUBJECT: To subdivide an existing parcel totaling 7. 54 acres into four (4) parcels containing 1. 5, 1. 5, 2. 0, and 2. 5 acres. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Linda Key & Nicki Morris 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 9180 Santa Lucia Road 4. Legal Description. . . . . . . . . . . .Lot 43 & Ptn. Lot 44, Blk 16 (Atas. Col. ) 5. Site Area. . . . . . . . . . . . . . . . . . 7. 54 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Z (Residential Single Family) 7. General Plan Designation. . . . .Low Density Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence 9. Environmental Status. . . . . . . . .Negative Declaration posted July 19, 1988 B. ANALYSIS: The applicant proposes to subdivide an existing developed parcel containing 7. 54 acres into four (4) parcels containing 2. 5, 2. 0, 1. 5 and 1. 5 acres. The subdivision proposes the creation of two (2) flag lots. Parcels 1, 2 & 4 will have direct access to Santa Lucia Road. Parcel 3 will have access to Santa Lucia Road by way of an easement across the access way from Parcel 2. The subject property is located in the RSF-Z (Residential Single Family) zone. Minimum lot size in this zone ranges between 1.5 and 2. 5 depending on the "score" of the various performance standards. For this site, the minimum lot size criteria are: 1 • Distance from Center (6, 000-8, 000) . . . . . . . . . . . . 0. 12 Septic Suitability (Well Suited) . . 0. 30 Average Slope (0-20%) . . . . . . . . . . . . . . . . . . . . . . . . 0. 30 Access Condition (City accepted) . . . . . . . . . . . . . . 0. 15 General Neighborhood Character (1. 49 acres) . . . 0. 24 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . 1. 11 acres The proposed smallest lot sizes of 1. 5 acres is larger than the minimum lot size required for the site. Comments were received from several outside agencies. Our Fire Department noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels. Public Works has noted the need for standard public improvements along Santa Lucia along with the normal map conditions. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 8- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval JM/jm 2 EXHIBIT A LOCATION MAP ��; ..•• .. . • .� CITY OF ATASCADERO 9180 Santa Lucia Roa COMMUNITY DEVELOPMENT Tentative Parcel Map�88 CAD COMMUNITY DEPARTMENT Key/Morris/Cuesta t LL/ r u � -AN[ � SrN �, j ApQr , ^ N A.r /INO P n f Ile SITE; 9180 Santa Lucia Rd t /n� A C i 9O� PR/ 9 / �0 L( H) FS G <pS ►t p5 v y /5'NSA ,NI RS SAN L(FH) I 1 , C FOAD�_�i � J 1 / � r P A. CITY OF ATASCADERO EXHIBIT B TENTATIVE .'IAP r'19la.' >•- 9180 Santa Lucia Road `SL�s�►ne� COMMUNITY DEVELOPMENT Parcel Map 8-88 DEPARTMENT Key/Morris/Cuesta OL/NE.P'S fE.PT/f/LATE wLRL3'✓AP/t✓`M i.v[AC/Jlf✓A[a• Ll✓IS.rAV d{UC/RVY.f>Y JwCNN.?♦'IAYi rive.YA/LYO(G.<r'/Y iNAT/An X ���f� O<Y,A!rrL N/:NahIC04C/FG JGvri>iK wKv HCRCCv:J T,ri:G/.vo C�<><a K' l 7 G OLSr N NY.Y.MM<[C6! � 1, J•' �\'-n" MTa[v / / `Y��• .�' y �._�� �Y✓ T.s Y �t Y/C/N/TY NAP i • 4�u'�r :.%/IL ELI-- " `-yam•: .�ISKrLJ__ __ dor sl?,or,7,r.%f—riaN frv.L x:,,,_-rY :x• RECEIVED wEac:J.r, vJc OWNER Mr.'3✓GJrv::G:.J.W.';i< r a/J-4 ". - � JeAv<•rStn , M:a'lMCM yr S7c' TENTAr/YC PA.PICL NAPAr PP-/!O JUN 211980 i�iv�ic-L<v cawry r sw ter.�wvn.Jrw a 'i .v_.e:rrnu COMMUNITY DEVELOPMENT LUESTA ENG/NEER/NG /r/3CACClO,CACI 0{:✓�A'If/GS /vosi A<w cvr> . JUN:0 • 0 EXHIBIT C - Findings for Approval Tentative Parcel Map 8-88 9180 Santa Lucia Road 0 Key/Morris/Cuesta Eng. August 2, 1988 FINDINGS 1. The creation of the proposed parcels conforms to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. JM/jm • EXHIBIT D - Conditions of Approval Tentative Parcel Map 8-88 (AT 88-130) 9180 Santa Lucia Road Key/Morris/Cuesta Eng. August 2, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the property line frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, Qpen space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his expense. 4. Grading and Drainage plans, prepared by a registered Civil Engineer shall be submitted for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits or the recording of the final map. 5. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 6. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. 7. The access way to Parcel two (2) shall be developed with a 20 ' -0" wide paved access drive. The drive shall be installed or bonded for prior to the recording of the final map. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, which ever comes first. Plans shall include, but not limited to: Santa Lucia Road: Design shall include City standard street section and additional paveout, width to be determined by the City Engineer not to exceed 20 ' -0" from center line. Design shall include measures to protect and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 9. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 10. The applicant shall deposit with the Director of Public Works the amount of $ 4,217.50, which shall be utilized for the future development of improvements for the implementation of a Routes to School Plan for Atascadero High School & Junior High Schools. 11. Parcel 1 shall have no direct access to Santa Lucia Road. Access shall be by way of the subdivisions private road (access way on Parcel 2) . Relinquishment of access rights shall be deliniated on the final map. 12. Address identification signs shall be approved as a part of the public improvement plans/issuance of building permits. The signs shall contain 4" (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the driveway and shall be placed so as not to affect the visibility of the intersection. 13. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Santa Lucia Road Limits: 25'-0" from centerline to edge of right-of-way along entire subdivision frontage. Minimum Width: 50 ' -0" of Right-of-Way 14. Offer for dedication to the Public the Public Utility Easements. 15. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 16. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. . a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 17. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm MINUTES EXCERPT - PLANNING COMMISSION - AUGUST 2 , 1988 (TPM 8-88 - KEY/MORRIS \ answer technical questions. Commissioner Brasher took her place back on the Com ission. Chair�.erson Lochridge called a recess at 8 :45 p meeting reconvened at 8: 55 p.m. At this\ime, Chairperson Lochridge noted I m B-7 would be considere out of sequence since a cont ' uance has been requested. 7 . CONDITI NAL USE PERMIT 5-8 Request submitted by Santa Lucia National Bank (Joe Elkins) to all for modifi tion of Zoning Ordinance development st ndards per aining to maximum signing allowed, maximum building/height, and minimum parking requirements for new nk building. Subject site is located at 7480 E1 ami o Real. Steve Decamp suggested th the matter be opened to the public for any testim y but that staff would like to reserve presentation of he s aff report at this time until a meeting can be held ith the\applicant to try and work out some of the design ifficulti s . A continuance to the meeting of Septembe 6, 1988 is suggested. Commissioner Tobe stepped down fro the Commission due to a possible conflic of interest. Joe Elkins, r resenting the applicant asked that this item be continued for a two week period and &xpressed his dis- agreement th a five week continuance. Mr. Decamp noted that the August 16th agenda is full• therefore, the Septembe 6th agenda is more appropriate fo this item. No pu is testimony was given. MOT ON: Made by Commissioner Highland, second by Commis- sioner Waage and carried 5 :0 to c ntinue the hearing on Conditional Use Permit 5 88 to the September 6, 1988 meeting. Commissioner Tobey took his place back on the Commissi n. 3 . TENTATIVE PARCEL MAP 8-88 : Request submitted by Linda Key and Nicki Morris (Cuesta Engineering) to subdivide 7 . 54 acres into four (4 ) parcels containing 2 . 5, 2 .0, 1 . 5 , and 1 : 5 acres each. subject site is located at 9180 Santa Lucia Road. _ 0 • MINUTES EXCERPT - PLANNING COMMISSION — AUGUST 2, 1988 CTPM 8-88 - KEY/MORRIS) Joel Moses presented the staff report recommending approval of the land division request subject to certain conditions . Commissioner Luna inquired if there are any trees proposed for removal on parcel 2 . He referenced the General Plan in expressing concern that the aesthetic nature of this site be maintained, and asked if it were appropriate to keep the ridge as an open space easement. Discussion followed. Commissioner Brasher felt it would be helpful if the Commis- sion was apprised of proposed building sites on each of the parcels requesting subdivision. Chairperson Lochridge expressed concern over a possible future lot split for parcel 2 and did not feel it appropri- ate to lessen restrictions for creating flag lots . Staff responded. John Falkenstien with Cuesta Engineering, representing the applicant, spoke in support of the application. He addressed the applicant' s intent in developing parcel 2 . and added that any development would be subject to precise plan approval . Mr. Falkenstien responded to the Commis- sion' s comments and concerns regarding open space easements and flag lots . With regard to driveway standards, Mr. Falkenstien referen- ced the Subdivision Ordinance and noted that no mention is made on how many lots can be served on a flag or how this driveway standard applies to the number "of lots being served. In response to comment by Commissioner Luna pertaining to emergency access for turn-around, Mr. Falkenstien noted that the Fire Department has certain standards that must be com- plied with and added that there is a turn-around provided. Discussion continued concerning driveway standards . Mr. Falkenstien stated he was in concurrence with staff' s rec- ommendation with the exception of condition V . He would like to have this modified to reflect that the driveway standards be installed in accordance with standards in effect at the time of development. Commissioner Luna suggested some modifications to the conditions . Discussion followed with regard to keeping the back ridge as an open space easement, preservation of trees on the site, etc . Elaine Oglesby, 9195 Santa Lucia, stated she has lived dir- ectly across from the project for 41 years and noted her concern with the hillside, especially for the trees . She spoke about her objection to finding #3 pertaining to "no environmental impacts" and expressed her feeling that the deer which use this hillside will no longer be able to once MINUTES EXCERPT - PLANNING COMMISSION - AUGUST 2, 1988 (TPM 8-88 - KEY/MORRIS the project is developed. Commissioner Highland assured Mrs . Oglesby that deer still roam on his property which he has lived at for over 26 years . Chairperson Lochridge stated he feels comfortable with the Subdivision Ordinance' s provisions for flag lots and empha- sized that these kinds of lots must be developed in a good way with a look at future building with these lots . There was continued discussion among the Commission related to adding a condition to maintain an scenic easement on the back ridge, possible modification to the driveway standards . Commissioner Tobey stated his disagreement with Condition #7 and felt it should be modified to allow provision for devel- opment according to standards in effect at that time. Commissioner Luna inquired as to other neighborhood lots which had double flag lots . MOTION: Made by Commissioner Highland and seconded by Commissioner Waage to approve Tentative Parcel Map 8-88 subject to the findings and conditions contained in the staff report with the following modifications : 117 . The access way to Parcels 1, 2, and 3 shall be developed with a 20' -0" wide paved access drive. The drive shall be installed or bonded for prior to the recording of the final map. The design shall include measures to protect and preserve trees within the access drive as approved by the Community Development Director. " 17 . Measures shall be taken to protect the exist- ing trees along the ridge line on parcel 2. " (Original condition #17 changes to #18) The motion passed 5 : 1 with the following roll call vote: AYES: Commissioners Highland, Waage, Brasher, Tobey, and Chairperson Lochridge NOES: Commissioner Luna ABSENT: Commissioner Lopez-Balbontin EXHIBIT D - Conditions of Approval • Tentative Parcel Map 8-88 (AT 88-130) 9180 Santa Lucia Road Key/Morris/Cuesta Eng. August 2, 1988 (Planning Commission Revised) CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the property line frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his expense. 4. Grading and Drainage plans, prepared by a registered Civil Engineer shall be submitted for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits or the recording of the final map. 5. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 6. A road maintenance agreement, in a form acceptable to th City Attorney, shall be recorded with the deed to each � . parcel at the time it is first conveyed. A no to wil effect shall appear on the Final Map. 9 - ;� � 7. The access way for Parcels 1, 2, & 3 sl be developed with a 20 ' -0" wide paved access drive. The drive shall be installed or bonded for prior to the recording of the final map. The design shall include measures to protect and preserve trees within the access drive as approved by the Community Development Director. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, which ever comes first. Plans shall include, but ! 0 not limited to: Santa Lucia Road: Design shall include City standard street section and additional paveout, width to be determined by the City Engineer not to exceed 20 ' -0" from center line. Design shall include measures to protect and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 9. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 10. The applicant shall deposit with the Director of Public Works the amount of $ 4, 217. 50, which shall be utilized for the future development of improvements for the implementation of a Routes to School Plan for Atascadero High School & Junior High Schools. 11. Parcel 1 shall have no direct access to Santa Lucia Road. Access shall be by way of the subdivision' s private road (access way on Parcel 2) . Relinquishment of access rights shall be deliniated on the final map. 12. Address identification signs shall be approved as a part of the public improvement plans/issuance of building permits. The signs shall contain 4" (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the driveway and shall be placed so as not to affect the visibility of the intersection. 13. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Santa Lucia Road Limits: 25 '-0" from centerline to edge of right-of-way along entire subdivision frontage. Minimum Width: 50 ' -0" of Right-of-Way 14. Offer for dedication to the Public for the Public Utility Easements. 15. Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. 16. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 17. Measures shall be taken to protect the existing trees along the ridge line on parcel 2. 18. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm • • ETI AGENDA DAT Za rrEmo /4-6 • M E M O R A N D U M TO: City Council August 23 , 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director �kS SUBJECT: ACCEPTANCE OF FINAL PARCEL MAP 22-87 LOCATION: 8635 Coromar APPLICANT: Bob Stoner (Cuesta Engineering) BACKGROUND/RECOMMENDATION: On July 14, 1988, the City Council approved Tentative parcel Map 22-87 , subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The required condi- tions have been complied with and the final map is recommended for approval . HE:ps cc: Bob Stoner Cuesta Engineering CITY OF ATASCADERO L f Zon to CAD COMMUNITY DEVELOPMENT DEPARTMENT i pNk ZZ.-8'7 - i M SPD \ // � S \ i Pis T 9635 Go►-,omar IZSF• K �za� o00 5q, �f.� K � j P ; 4` 4 E 1 \ d � \y , / \ • MEETt AGENDA DAT 1TEM -? • M E M O R A N D U M To : City Council From: David G. Jorgensen Date: August 9, 1988 Subject : Approval of Cooperative Personnel Services Agreement RECOMMENDATION It is recommended that the City Council approve the renewal of the agreement with Cooperative Personnel Services . DISCUSSION The City has had an agreement with Cooperative Personnel Services since October 1 , 1979. The purpose of the agreement is to allow the City to use the testing material of Cooperative Personnel Services, while going through the recruitment process . • The agreement is reviewed by Cooperative Personnel Services on an annual basis. They have requested a renewed agreement to update their files on current City staff. • • • • RESOLUTION NO. SB-BB RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING ENTERING INTO AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES WHEREAS, the City of Atascadero entered into an agreement with Cooperative Personnel Services on October 1 , 1979, for the purpose of performing testing services; and WHEREAS, Cooperative Personnel Services requires the City to update the original agreement and to extend provisions of the agreement ; and NOW, THEREFORE, be it resolved that the Atascadero City Council authorizes the Director of Administrative Services to enter into and sign an agreement with Cooperative Personnel Services. On motion by Councilperson , and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: • NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: BONITA BORGESON, Mayor ATTEST : BOYD C. SHARITZ, City Clerk PREPARED BY: DAVID G. JORGENSEN, Interim Director of Administrative Services • COOPERATIVE PERSONNEL SERVICES TEST USE AGREEMENT TERMS AND CONDITIONS Section I - PURPOSE OF AGREEMENT This agreement defines Cooperative Personnel Services' (CPS) test use policies and procedures. It also explains CPS test security standards designed to protect the mutual interests of all clients that use the test materials, as well as the in- terests of persons who take such tests. In order that no person may gain special advantage by having improper access to the material,CPS requires as a condition for making its test materials available for rental that all users sign this agreement and fulfill its terms. Section II - CPS POLICIES AND PROCEDURES The following provisions shall govern CPS services for planning, scheduling, preparation, construction and scoring examinations. A. Preparing Custom Tests 1. Information Required from Clients. A client desiring custom exam preparation services is responsible for fur- nishing to CPS a written description of the work to be performed, the knowledge, skills and abilities required to perform the duties of the position, special working conditions, shifts, location of the job, required licenses or certificates, salary and shift differential, if any. 2. CPS Preparation of Test Materials. CPS shall construct a written examination,based on the information furnish- ed by the client, for each job classification for which an examination has been requested and agreed upon by CPS and the client. B. Ordering Stock and Custom Tests 1. Scheduling of Examinations. The client desiring exam preparation services shall notify CPS sufficiently in advance to allow time for scheduling and preparation. 2. Client Notification to CPS of Number of Candidates. Not less than 10 working days prior to the examination date, the client shall notify CPS of the total number of candidates in each classification to be tested. 3. Transmittal of Test Materials. CPS shalt provide the client with sufficient examination booklets, instruc- tions for administering the examination and such other material as CPS may deem necessary. • 4. Client Administration of Test and Return of Test Materials. The client shall administer the examination in accordance with instructions provided by CPS and immediately following the examination will return all used and unused examination booklets, keyed booklets, scoring keys(if pro- vided by the client), instructions, and any other materials furnished by CPS and not consumed (except that in such cases as provided in paragraph II. B (7), II. B(8), and II. B(9) time extensions may be granted by CPS). 5. Re-Use of Test Materials. Clients requesting test material use for a specific date and candidate count, will not be allowed to reuse the tests for another date or candidate group without prior permission of CPS. 6. Scoring of Tests. CPS will score all scannable answer sheets, at no cost to the client. At the discretion of CPS, responsibility for the scoring of standardized stock tests may be ranted to the client. Custom tests and agency tests may be scored Y 9 Y 9 Y by the client.Open ended test question answers,such as essays,typing,and shorthand tests may be scored by the client,or CPS will score these tests for a fee. 7. Test Papers Inspection Under Client Policy. If the client has an officially adopted rule or established policy regarding can- didates' privilege of inspecting a keyed copy of an examination or answer sheets following the examination,and this rule or policy has been submitted in writing to CPS at least 10 days prior to the first examination scheduled under this agreement for which such inspection is desired, CPS will comply with the inspection privileges as officially recognized by the client. Excep- tion: No inspection shall be allowed for standardized test materials, or test preduplicated as stock tests or semi-stock tests, or of questions not scored by an absolute standard. During key inspection, a representative of the client's Personnel or Ad- ministrative office must be present to assure that no candidate takes away from the review any notes regarding a test question. Upon request of the client, and when submitted in writing by a candidate who participated in the examination, CPS will analyze protests resulting from such review and recommend the action to be taken by the client. 8. Test Papers Inspection Under CPS Policy. If the client has no officially adopted rule or established policy regarding can- didates' privilege of inspecting a keyed copy of an examination or answer sheet(s) following the examination and wishes to allow such an inspection privilege, the following CPS policy shall govern: a. Key Inspection. Inspection of a keyed copy of the examination book, for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed,will be allowed for five working days immediately following an examination, providing this has been requested by the client at least 10 day prior to the examina- tion. The inspection time allowed a candidate will not exceed one-half the amount of time originally allowed to answer the question during the administration of the examination. During key inspection, a representative of the client's Personnel or Administrative office must be present to assure that the candidate takes no notes of any kind regarding any test materials. Upon request of the client and when submitted in writing by a can- didate who participated in the examination,CPS will analyze protests resulting from such review and recommend the action to be taken by the client. b. Answer Sheet(s) Inspection. inspection of a candidate's answer sheet(s),for the purpose of detecting whether any clerical or other er- ror has been made in the scoring of the answer sheets,shall be allow- ed for a 14-calendar-day period immediately following the notifica- tion to the candidate of examination results. Upon request, CPS will return the candidate's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the client. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review. A representative of the client's Personnel or Administrative office shall be present to assure that no changes or marks of any kind are made by the candidate on the answer sheet(s) or the keyed answer sheet(s). c. Certain Tests Not to be Open for Key Inspection. Standardized tests, stock tests, semi-stock tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. 9. Extended Usage. If the client wishes to administer examinations on a continuous basis for certain mutually agreed upon classes, CPS may,at its discretion, supply the examination booklets, a scoring key and instructions for extended usage. Extended usage is defined as the client's retention of examination booklets and instructions after their initial administration for the purpose of readministering them. The client shall score such examinations. 10. Examination Charges. In consideration of the performance by CPS for testing services specifically described in this Exhibit, the client agrees to pay CPS in ac- cordancewith"Written Examination Price List"(Exhibit A)in effect at the time of rental arrangements. 11. Canceled or Postponed Examinations. Clients may be billed for work done on a canceled or postponed examina- tion up to the time CPS is notified of such action. Under certain cir- cumstances,credit may be given for work already performed if the test is rescheduled. C. Client Responsibilities The client shall perform all parts of the examination process which have not specifically been requested of and agreed to by CPS. Client shall assume responsibility for the conformity of the examination process to any ap- plicable laws, rules, or ordinances and for the examination as a whole.Under the selection guidelines of the Equal Employment Opportunity Commission, the client as test user is responsible for the results of the selection process and must be prepared to demonstrate that the process is valid and meets other testing standards if it adversely affects groups protected by fair employment laws. Section 111 - SECURITY OF TEST MATERIALS All test materials supplied by CPS under this agreement shall be and remain the property of CPS. They shall be held and stored in a manner that will pre- vent unauthorized persons from having access to them. The client agrees to be responsible for the security of all test materials supplied to the client and agrees to reimburse CPS for a portion or all of the replacement costs, as determined by CPS, for test materials that are lost or whose value for testing purposes, in the opinion of CPS, may have been destroyed while said test materials were subject to the custody of the client. Question booklets shall not be duplicated nor test questions copied by the client under any cir- cumstances. If any test material obtained from CPS should become involved in legal pro- ceedings by a court or other body vested with legal authority, CPS will take appropriate measures to safeguard the confidentiality of the test material in- cluding answer sheets such as by motion for protective order. Section IV - TERMINATION OF AGREEMENT CPS retains the right to terminate this agreement and withhold or recall its test materials if it believes the terms and conditions of this agreement are be- ing or have been violated. r V. PARTIES TO THE AGREEMENT The parties to this Test Use Agreement are the Cooperative Personnel Services (CPS) and the client named below. A. Principal Signer On behalf of this agency, I acccept this agreement and assure compliance with its terms and conditions . rTTY OF ATASCADERO Client Name 6500 PALMA AVENUE (P. 0. BOX 747 - 93423) Address ATASCADERO, CALIFORNIA U.S.A. 93422 City State/Province Country Zip Code - 4 8 ) 466 9999 EXT 1 c16 Teleph6ne number to contact regarding test orders DAVID G. JORGENSEN Name of Principal Signer DTISTRATIVE SERVICES Title Signature/Date B. Persons Authorized to Receive Test Material As the Principal Signer of this Test Use Agreement I am authorizing the following members of this agency to be the only individuals able to receive test-related materials from CPS. Please have the appropriate individuals who are authorized to receive the test material sign below. If more space is necessary, attach an additional sheet . Name Title Signature ALICIA I. LARA PERSONNEL TECHNICIAN Please make one copy of this agreement . Sign and return original to CPS. MEET 2Lb;AGE11DtZ T IT Us M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director . SUBJECT: ROAD ABANDONMENT 2-88 AND 3-88 + LOCATION: 5700 and 5750 San Benito Road APPLICANT: Michael Frederick Paving and Dr. Vincent Shea REQUEST: To vacate San Benito Road between Highway 101 and E1 Camino Real BACKGROUND: . The Planning Commission conducted a public hearing on this matter in conjunction with approval of Conditional Use Permit 3-88 (see attached staff report) . The City Council adopted Resolution No. 86-88 at its meeting of August 9th indicating its intention to consider abandonment of the street. This proposed action has been noticed in the newspaper and also posted as required by the Streets and Highways , Code. ANALYSIS: Abandonment of this non-City maintained section of San Benito Road would be beneficial to the City by eliminating a potential future street maintenance obligation and providing for more economic development of the abutting parcels . Draft Resolution 89-88 conditions the project to retain a sanitary sewer easement and public utilities easement together with obtaining the fee title to any underlying lands not currently owned in fee. There is some question as to the ownership of the right-of-way beyond the original San Benito Road colony road. This ownership was transferred to CalTrans prior to the construction of Highway 101 in the 50' s . CalTrans believes the City owns the land in fee indicating they relinquished the right-of-way to the County in 1956 and 1967 . Assessor maps do not indicate that a parcel was created in this process, but that may have been because it was intended for future right-of-way. In order to clear this • matter up as a condition prerequisite to recording the abandon- ment, the property owners would have to obtain a certificate of compliance or other evidence affirming their ownership of the underlying fee. If such research shows that the City owns the land, acquisition would have to be negotiated with the City for what would be a surplus parcel. Staff would require that the applicant pay for an appraisal using a firm selected by the City to establish value for a negotiated sale. RECOMMENDATION: Approve Resolution No. 89-88 abandoning San Benito Road between Highway 101 and E1 Camino Real . HE :ps Enclosures : Resolution No. 89-88 Road Abandonment Diagram Staff Report dated July 19, 1988 Minutes Excerpt - Planning Commission — 7/19/88 cc: Waring Group 0 0 RESOLUTION NO. 89-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO VACATING A PORTION OF SAN BENITO ROAD FROM EL CAMINO REAL TO THE HIGHWAY 101 FREEWAY, ADJOINING LOT 1, BLOCK 23 AND LOT 13, BLOCK 18, ATASCADERO COLONY, PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 (ROAD ABANDONMENT 2-88/3-88) WHEREAS, the Council of the City of Atascadero, by Resolu- tion No. 86-88, advised of its intent to vacate a portion Ia-n _ i� of J as shown on the attached Exhibit; and WHEREAS, the City Council finds that Streets and Highways Code Section 8322 requiring notice of public hearing by publica- tion, and Streets and Highways Code Section 8323 requiring notice of proposed vacation by posting, to have been substantially com- plied with; and WHEREAS, pursuant to Government Code Section 65402 , the Planning Commission has recommended its finding that vacation of this portion of San Benito is in conformance with the City' s General Plan; and WHEREAS, the City Council has at the public hearing received and considered all evidence offered by interested persons, and finds from all evidence submitted, that a portion of San Benito Road is unnecessary for present or prospective public use. NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows : 1 . The proposed road abandonment of the San Benito Road right- of-way outside Lot 1 , Block 23 and Lot 13, Block 18 of the Atascadero Colony is in conformance with the General Plan. 2 . The right-of-way is unsuited for development as a non-motor- ized transportation facility i .e. , primarily for the use of pedestrians, bicyclists, or equestrians . 3 . The vacation of this right-of-way is Categorically Exempt (Class 5) under the provisions of the California Environmen- tal Quality Act. 4 . The Council now vacates a portion of San Benito Road, pursu- ant to Streets and Highway Code Chapter 3 , Section 8320 subject to the following conditions of approval : ( 1) The property owners shall obtain fee title to the road section of San Benito Road adjacent to Lot 1 , Block 23 and Lot 13, Block 18, Atascadero Colony if not pres- ently owned in fee at their own expense. 0 0 2 The property owner shall indemnify and "hold harmless" • ( ) P P Y Y the City from claims that may arise from the abandon- ment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. (3) As a part of the abandonment procedure, the City shall retain a sanitary sewer easement and public utility easement covering the right-of-way. A metes and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. (4) All conditions of this approval must -be completed prior to or simultaneous with the recording of the abandon- ment resolution. 5 . The City Clerk shall cause a certified copy of the Resolu- tion of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, or further proof, to--be r^,.,... e- in the office of the County Recorder. On motion by and seconded by the motion was approved by the follow- ing roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BONITA BORGESON, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: PAUL SENSIBAUGH, Acting City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney 0 EXHIBIT A LOCATION MAP CITY OF ATASCADERO Road Abandonments 2-88 88 r��,�•'i� =;�k •:,� San Benito Road between `S %5CAD F�• COMMUNITY DEVELOPMENT Camino Real and the Freeway DEPARTMENT OHO w y GA AWA NO m Q a A Road Abandonment 2-88-& 3-88 Iv1"S Qe,L t adjoining Lot 1, Blk 23 & c� Lot 13, Blk 18 Atas. Col. S C c / 1 r, i 0 /0, , \\\\ \\ Z M a < ILLA RS C L 1 CA, 0 41"0 E4L )O — I s '^vr 101- M ,C t:POAD= r' q II POA ROAD \ \� N ARICOP I � 11 / Q Nth II Q c / 1 Sb, c9' ?O'0 L Ff O* i Q - m \ aD � co LU CO Z \ I a ��� a / caica ui 1 \4 Z W i i . �\� 13 \\ m In W LL cc cc/ City of Atascadero Item STAFF REPORT FOR : Planning Commission Meeting Date : July 19 , 1988 BY : Joel Moses , Associate Planner File No: CUP 3-88 RA 2-88 & RA 3-88 SUBJECT: To allow for the development of a Master• Plan for an approximate 3 . 0 acre parcel within the CPK (Commercial Park) zone . The development will provide approximately 17 , 000 square feet of building . The request also provides for, the abandonment of San Benito Road between E1 Camino Real and the freeway . A. SITUATION AND FACTS : 1 . Applicant . . . . . . . . . . . . . . . . .Michael Fredericks Paving 2 . Representative . . . . . . . . . . . .Waring Group 3 . Project Address . . . . . . . . . . . 5700 & 5750 San Benito Road 4 . Site Area . . . . . . . . . . . . . . . . .Approximately 3 . 0 acres 5 . Zoning . . . . . . . . . . . . . . . . . . . .CPK( PD- 1 ) (Commercial Park with a Planned Development overlay) 6 . Existing Use . . . . . . . . . . . . . . Single Family Residences and Contractor Yard 7 . General Plan . . . . . . . . . . . . .Commercial Park 8 . Environmental Status . . . . . .Negative Declaration posted July 7 , 1988 B. ANALYSIS : ' The site is zoned CPK( PD- 1 ) (Commercial Park with a Planned Development Overlay) . The Development standards for the PD- 1 require that a Master• Plan of Development be approved on a site prior to any development . With the approval of the Master Plan of Development all further approvals will have to conform to the approved plan . All future construction will be approved as a Plot Plan (Building Permit) . The ordinance also sets standards for development for setting a 20 ' -0" setback along E1 Camino Real and a 10 ' -0" setback along the freeway . Specific design review requires the consideration of the architectural compatibility of buildings , the under•gr•ounding of utilities , and the reduction of curb cut access to E1 Camino Real . The abandoning of San Benito Road is essential to the design of the project . If the right-of-way is not abandoned then the master plan will have to be revised . The abandoned road area is proposed for• development as parking for the contractors yard to the north and for the commercial parcels to the east . If the right-of-way is abandoned , the land r-everts back to the adjoining property owner• to the center• line of the road . In this case , Mr . Fredericks will receive the half section along his property with Dr• . Shea receiving the other half . Road abandonments are accomplished by City Council resolution . Under the State ' s Streets and Highways Code , The Planning Commission must make the following two findings : 1 . That the vacation is in compliance with the General Plan . 2 . That the right-of-way is unsuited for development as a nonmotorized transportation facility , i .e . primarly for the use of pedestrians , bicyclists , or equestrians . In reviewing the General Plan Circulation Element no mention is made of the use of this section of San Benito Road . It is shown on the map with no circulation classification . No policies note the need for this section of right-of-way . The right-of-way area to be abandoned is a remainder section of San Benito that was dead-ended with the construction of the freeway . The right-of-way starts out as a typical 40 ' -0" wide area but expands out as it abuts the freeway . The section of road serves four (4) lots , two lots having access only on the sections proposed for abandonment . Both of these lots are owned by the developer• and are part of the master plan for development . The other• two lots have access and frontage on E1 Camino Real . The site was reviewed by the staff for• potential freeway access and other• uses . Freeway access is not realistic due to the design configuration needed for• the off or• on ramp . There is no need for• nor would an offramp be useful to the community at this location . Due to the site' s location and zoning , use of the site for• recreation or• nonmotorized transportation was determined as unacceptable . Some question exists about the use of the right- of-way for sewer• facilities (pumping station & piping) . The City is presently conducting a study on sewers but no determination has been made as to the use of the site . In conclusion the vacation of the Right-of-way is in compliance with the General Plan and the site is unsuited for development of nonmotorized transportation facilities . This would allow for the abandonment of the area and its use as a part of the adjoining commercial uses . The Master Plan for development proposes a phased development , creating two developed areas . The first phase is an expansion of the existing contractors yard buildings and provision for access to E1 Camino Real . The second phase would allow for the development of a second contractor ' s yard with a coordinated access off of E1 Camino Real . Also noted is the expansion of an existing single family dwelling . _ In looking at the development of the corner lot owned by Mr . Slade it should be indicated that the expansion of a nonconforming single family dwelling in a commercial zone is not normally allowed . The City ' s Zoning Ordinance will allow for the expansion of up to 50% of the floor, area . If the building is expanded as a commercial building the phase two development proposed would be a coordinated element to the area . No problems were found in reviewing the development consistency to the zoning ordinance standards . Several areas will have to be reviewed at the time of building permit . Items such as landscaping details , signing , and landscaping will need to be reviewed . The applicant has not provided specific information on signing in the first phase . It is anticipated that the developer will follow the current signing standards and that the illegal roof sign will be removed . The second phase proposes a 25 square foot sign , but the plans do show two 40 square foot monument signs Landscaping is being shown that would conform to the current City standards with additional landscaping in the freeway right-of- way . The plans show no tree removal , and a tree protection plan has been noted on the plans proposed . Individual storage areas will also have to be screened with landscaping or fencing . Parking standards have been reviewed for• the development and all standards are met . In the first phase 20 stalls are provided . Phase 2 shows a total of 111 stalls . The following is a breakdown of the parking requirements : Site Parking Standard Contractors Yard 2 37 1/500 sq . ft . Contractors Yard 1 21 1/500 sq . ft . Slade Property (Offices) 15 1/400 sq . ft . Shea Property (offices) 38 1/400 sq . ft . 111 The applicant is also providing underground fuel tanks in the second phase . The existing site contains a set of above ground fuel tanks , to service his vehicles . Of note is that fact that the use of above ground tanks is all but prohibited in the City . The existing developer ' s area is divided into four (4) parcels . In coordinating the development some revisions will be needed in the lot lines . Plans provided shows modification of the lot lines . The northern most line will be straightened out along with internal lines . The applicant is proposing the continued use of a metal building system. The Appearance Review Manual notes the need to consider, the specifics of any proposed use of a metal building system. Professional assistance has been secured in the designing of the building . The building has taken advantage of pop-outs and architectural detailing . The building :has been heavily landscaped and screened . As proposed the buildings would meet the minimum standards of the City . Comments were received from several outside agencies . Our Fire Department has noted the need for two ( 2) fire hydrants , one located at the entrance to the contractors yard on San Benito Road , the other to be located on E1 Camino Real at the office building entrance . Other, comments centered on the need for, adequate access for• fire trucks and compliance to fire codes that need to be reviewed at the time of specific development . The Building Division commented on the illegal fill done on the site several years ago and potential drainage questions . A potential problem exists with the above ground storage of fuel . When established the above ground storage fuel tanks were allowed , recent changes in the Building Code make above ground storage illegal . The Southern California Gas Company has noted that the site can be served . If additional gas mains are installed , they will need to be within the Public Right-of-Way or, within approved easements . The gas company requests a permanent easement be reserved in the San Benito Road right-of-way for• access to facilities located in the existing right-of-way . The State Department of Transportation (CalTrans) has responded noting no objection to the project , but asking that plans address drainage from the site . C. RECOMMENDATION : Staff recommends approval of Conditional Use Permit 3-88 and RA 2-88 and RA 3-88 based on the Findings in Exhibit G Conditions of Approval contained in Exhibit H and the Draft Resolution Exhibit I . JM/im ATTACHMENTS : Exhibit A - Location Map Exhibit 6 - Phase 1 Plan Exhibit C - Phase 2 Plan Exhibit D - Elevations Exhibit E - Elevations Exhibit F - Developers Statement Exhibit G - Findings for• Approval Exhibit H - Conditions of Approval Exhibit I - Draft Resolution EXHIBIT A LOCATION MAP ., CI Master Plan For Devel. TY OF ATASCADERO CUP 3-88 ,RAA 2&3 -88 "-7 5700 & 5750 San Benito 'CADF COMMUNITY DEVELOPMENT Frederick/Waring Group DEPARTMENT t•� W Y O 8 "0 z SITE 5700 & 5750 q' San Benito Road M1"S gEAt T CUP 3-88 c� RA 2-88 & RA 3-88 s C C Frederick/Waring Gr Fri w, f ,0j �Q O Z / ma Z ° � III LLA RS C L Cq M1N0 / EqL Q Hwy 101 M MpO--—— ROAD= � r C 1 1 ,M0 11 1 4y 11 R04 \\ ROAD —Z �1 \` J A ARICOP c9♦ / P°AO 1P O� BALSO s♦ ,; ����a ---- ., Y ^. vJ�� �r C F't �YY r�,..•- �.,.. �„ yr y ter'' EXHIBIT C PHASE 2 PLAN CITY OF ATASCADEROMaster Plan for Develop. CUP 3-88 , RA 2&3-88 W.r1i 1 " to"-75700 & 5750 San Benito, CO MMUNITY DEVELOPMENT DEPARTMENT o•'r�we�/•`-���f s(a.v r.....+,s�o'X w•e�, �C /��� l�` 1\ ..__ _y vm .�.�NI,i•i. w�uc ✓e.r1 w��rr�s,.. w, - 2�F �_. \\ 1 CH I to ��� � / ,i�"•"•"4'{ �\��N' �\ �\ � � -` � (F" � i /'� ��\ •�\�� '� •..ate� / / L EXHIBIT D ELEVATIONS CITY OF ATASCADERO Master Plan for Devel . CUP 3-88 , RA 2&3-88 ` COMMUNITY DEVELOPMENT 5700 & 5750 San Benito Rd. DEPARTMENT 1111111 - - F)3�1 -. __.i.1 --_- t I __. 1. ... '. -."'`✓V-ten_ .. � SOUTH ELEVATION WEST ELEVATION i i IfIfTT�I ��� 1fITiTTtiiliiiiflilT�u j _-- _� � --_-- �� NORTH ELEVATION EAST ELEVATION Y . C • I WQ LLO„d = -j u e W(% aV>� RECEIVED APR 15 1988 -- COMMUNITY DEVELOPMENT j EXHIBIT E ELEVATIONS CI Master Plan for OF ATASCADERO Devel. CUP 3-88 , RA 2&3-88 s.�s,rl�'� �er,� 5700 & 5750 San Beniod, `S�'�c.ne�: COMMUNITY DEVELOPMENT DEPARTMENT T i� lUIN� I nl Haj - — {. T WEST ELEVATION — � -_ LL LL O 20 H 1�i�11 u --" SOUTH ELEVATIOQ. N TIN l - I EAST ELEVATION - _'�-� _ — V r LuWE cc S oa LL.O^O ,Un Ug l l l Il l 111111111II IT11TI � _=>m� oi C ,i RECEIVED :2ao. P (, APR 15 1988 = NORTH E EVATION COMMUNITY DEVELOPh1E.W CI EXHIBIT F DEVELOPMENT ST. ��, • �• y.,�,' OF ATASCADERO Master Plan for Develop. . � �!■ ,»�B CUP 3-88 , RA 2&3-88 _CAD COMMUNITY DEVELOPMENT 5700 & 5750 San Benito Rd. DEPARTMENT RECEIVED Micheal Frederick's Paving March 3, 1988 - MAR 16 1938 Developers Statement COMMUNITY DEVELOPMENT Our intention is to add a 2000sf addition to the Michael Fredericks Paving Building. This addition is intended to be a service addition to his existing building. As indicated in our first phase we would like to process a formal abandonment of San Benito Road. We understand that a new driveway approach may be required. We will amend parcel maps and title reports prior to obtaining building permits. The addition proposed will be in harmony with the existing building in color, style, and form. We understand that all fill on site will be brought into conformance with the applicable building and zoning ordinances. exterior lighting will be shielded from highway 101. I Landscaping will be installed along the Cal Trans right of way screening the yard from the view of highway travelers. Also a landscaped fence will block views from the vehicle storage into the parking area. This screen will be a chain link fence with redwood slats. The future master plan will show Michael Frederick's Paving moved to the adjacent site. This will allow Mike to meet new demands for a larger site and building as his business grows. We feel the new building we have proposed will blend in contexturally in height and scale with the surrounding neighborhood and adjacent building. The majority of the building is of the same bronze colored siding as Mike's existing building. The entry breaks out of the traditional metal building forms and gives the entrance a smaller more intricate presence. We feel that Mike's present site will still make an ideal contractor's yard site. The existing garage and house would be used as the contractors office. This would allow some limited expansion of the yard while maintaining a lower intensity of use. We have included the adjacent parcels in the Master Plan to demonstrate how they would benefit from the proposed abandonment of San Benito Road. We feel that if this road is developed as a privately maintained road it would benefit any future development. The entrance could in the future be designed as a common entrance to multiple complexes. We feel that the oak trees framing the entrance as well as a smaller drive would discourage unwanted trespassers from entering San Benito. The road as it is designed now as a public road serves little purpose except to encourage loitering and littering of the cul-ve-sac at night. Presently Dr Shea, the large adjacent parcel to the south, has no plans to develope his property. We felt it would be premature to show any future development on his property. Mr. Slade also has no plans to develope his property at this time but would like to have allowances made for a future addition to his building. We feel the new Michael Frederick's Paving buiding will be developed with-in the next 2 to 3 years. 0 M CITY OF ATASCADERO 19111�IRic, :1 IH TBS ` ' scan - COMMUNITY DEVELOPMENT DEPARTMENT We would like not to put in the curb, gutter and sidewalk along E1 Camino Real until the future development occurs. This will allow us to not have to relocate driveways. We feel that our Master Plan proposes solutions to long standing problems and is the most effective stepin Tannin for planning o future development. Sincerely, The Waring Group EXHIBIT - G FINDINGS Conditional Use Permit 3-88 5700 & 5750 San Benito Road Mitch Frederick Paving/Waring Group July 19 , 1988 1 .The proposed project or use is consistent with the General Plan ; and 2 .The proposed project or use satisfies all applicable provisions of the Zoning Ordinance ; and 3 .The establishment ,and subsequent operation or conduct of the use will not ,because of the circumstances and conditions applied in the particular• case , be detrimental to the health , safety or welfare of the general public or persons residing or working in the neighborhood of the use , or be detrimental or injurious to property or improvements in the vicinity of the use ; and 4 .That the proposed project or• use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development ; and 5 .That the proposed use or, project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project , either• existing or, to be improved in conjunction with the project , or beyond the normal traffic volumes of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element ; and 6 .That the proposed project is in compliance with any pertinent City policy or• criteria adopted by ordinance or• resolution of the City Council ; and 7 .The proposed project is in compliance with the City of Atascadero ' s Appearance Review Manual Guidelines . EXHIBIT H - Conditions of Approval Conditional Use Permit 3-88 5700 & 5750 San Bennito Road Fredericks Paving/Waring Group July 19 , 1988 CONDITIONS OF APPROVAL 1 . All construction shall be in conformance with Exhibits B & C ( site plans) , Exhibits D & E ( Elevations) Exhibit H (Conditions of Approval ) , and shall comply with all City codes and ordinances . Any modification to this approval requires approval by the Community Development Department prior to implementing any changes . 2 . All existing and proposed utility , pipeline , open space , or other• easements are to be shown on the final plan . If there are building or other• restrictions related to the easements , they shall be noted on the plans . 3 . All relocation and/or, alteration of existing utilities shall be the responsibility of the developer at his sole expense . 4 . Grading and Drainage plans , prepared by a registered Civil Engineer , shall be submitted to and for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits . 5 . Obtain an encroachment permit from the City of Atascadero Public Works Department . Sign an Inspection Agreement and a Curb & Gutter Agreement , guaranteeing that the work will be done and the inspections pai d for , prior• to the issuance of a building permit , or, start of public works construction , and construct improvements as directed by the encroachment permit prior• to the final building inspection . 6 . The subdivider• shall install all street signs , traffic delineation devices , warning and regulatory signs , guardrails , barricades , and other, similar• devices , where required by the Director of Public Works . Signs shall be in conformance with the Department of Public works standards and the current State of California uniform sign chart . Installation of traffic devices shall be subject to review and modifications after• construction . 7 . Road improvement plans prepared by a Registered Civil Engineer, shall be submitted to the Community Development and Public Works Departments for review and approval , prior to the construction of the improvements , or prior to the issuance of any building permit , whichever comes first . Plans shall include , but not limited to: a . E1 Camino Real : Design shall include City standard curb , gutter , 10 ' -0" sidewalk and additional paveout , width to be determined by the City Engineer, not to exceed 32 ' -0" from the center, line . Design shall include measures to protect and preserve trees within the right-of-way , as approved by the Community Development and Public Works Departments . 8 . Construction of the public road improvements shall be completed prior, to the final inspection -of any building , approved by the Community Development and Public Works Departments . 9 . Prior to the approval of the improvement plans by the Director of Public Works , either the Developer shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions : or the City Council , upon request by and at the expense of the subdivider , shall have made all appropriate findings and adopted a Resolution of Necessity as required by law so that the City may exercise its power, of Eminent Domain . 10 . Drainage Facilities shall be constructed to City of Atascadero Standards . All work shall be completed or bonded for prior the final building inspection . 11 . The Developer, shall provide drainage easements and/or, drainage releases From the points of concentration of stor•mwater leaving the project boundary through adjoining Caltrans right-of- way to the nearest natural watercourses as approved by the Public Works Department if applicable . Agreements shall also be provide for the installation and watering of freeway landscaping as approved by CalTrans and the Community Development Department . 12 . All lot grading and drainage improvements shall require written certification by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans . 13 . All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards . Prior to the final building inspection , said engineer, shall submit to the City written certification that grading is in conformance with said codes and standards . 14 Prior to the issuance of an building permits for, construction of or, addition to any building , grading permits to correct illegal fill on the site shall be finialed . 1 5 . Prior to the issuance of a building permit -all lot lines shall conform to the approved Master, Plan for, Development . 1 6 . Pr•ovi si on shal 1 be made to pr•ovi de for, Sewer and Public Utility facilities ( lift station) within the abandoned San Benito Road right-of-way . 17 . Prior to the issuance of any building permit the road abandonment of San Benito Road shall be completed . JM/jm MINUTES EXCERPT. JULY 19, 1988 th applicant secures written per, ssion from the prope ty owner for the applica to extend the time al wed to use the proper Commissioner Tobey a ed that in ad ition to the letter , he would request that th applic bring in a specific proposal outlining steps a ance the appearance of the property (this was incorpora into the motion) . The motion cried 5 : 1 with Commissioner Michielssen d ' senting . Commissioner Michi ssen questioned w ther this use was appropriate for t e property and expressed concern that the applicant is ving the burden to pay out xtra costs for the site w' out the guarantee of an ad ' ional time extension . 3 . CONDITIONAL USE PERMIT 3-88 : Application by Michael Frederick (Waring Group) to establish a master plan for development of a 3 . 0 acre site to contain 50 , 000 square feet of commercial build- ing . The applicant is also requesting the abandonment of portions of San Benito road between E1 Camino Real . and Highway 101 ( RA 2-88) (also initiated by Dr . Vincent Shea) . the subject site is located at 5700 and 5750 San Benito Road . Mr . Moses presented the staff report concerning this request noting this project is proposed to be developed in two phases. Staff recommendation is for approval of the use permit and road abandonment subject to certain conditions . Mr . Moses asked that an additional condition concerning in- stallation of landscaping along the freeway and also installation of screening fence compatible with the architectural design of the buildings . Mr . Moses then responded to questions from the Commission . Greg Ravatt with the Waring Group , agent for the applicant , spoke in support of the application . He explained that their present intent is to add a 2 , 000 square foot building addition to the existing Frederick building . He clarified that the total development would not exceed 50 , 000 square feet but would be approximately 17 , 500 square feet . He asked for clarification on the intent of condition #9 and #7-a to which Mr . Moses responded . In response to questions from the Commission , Mr . Ravatt explained the total phasing should be complete between two to three years . There was discussion concerning the fuel tanks above ground wherein by Phase II , they will be required to be placed underground . There was continued discussion among the Commission pertaining to the master plan phasing for the project . MOTION : Made by Commissioner Bond , seconded by Commission- er Michielssen to approve Conditional use Permit 3-88 and Road Abandonment 2-88 and 3-88 subject to the findings and conditions contained in the staff report . Discussion ensued on clarification of the conditions . Mr . Ravatt noted objection to the added condition concerning the screening fence . He opposes a solid fence but would be willing to install a chain link or slatted type of fence . It was the Commission ' s general consensus that landscaping would be appropriate if done properly . Commissioner Bond clarified his motion did not include the added condition . The motion carried 6 : 0 . TENTATIVE PARCEL MAP 13-88 : Application by the Hempenius Family Trust (Gr innel to resubdivide three ( 3 ) existing lots totaling 1 .47 acres f vacant commercial property into four, (4) parcels c taining 0 . 32 , 0 . 34 , 0 . 52 , and 0/tainconditions . 23 acres each ; and PRE SE PLAN 20-88 for a 13 ,480 sqcommercial compl containing four (4) buildinct site is locate at 6325 Tecorida . Mr . Moses prese ed the staff report onplications recommending app val subject to ce He then responded to q estions from the ommission . Jim Grinnell , representing the a licant , spoke in support of the project noting hi concur ence with staff ' s recommen- dation . He clarified the if er•ent pipe lines which run under the property and their se . Commissioner Tobey refer..nced t e Commercial Retail zoning of this area and felt is develop ent could further impact the heavily traveled orro Road . Co missioner Kidwell asked if this developme would be con ibuting fees toward installation of traffic signal at tascadero Avenue and Morro Road . Di ussion followed concer•ni development fees for projects in this area , time frame for securing a traffic sign at that intersection . Wit reference to parking fo the project , it was pointed out th t there will be adequ a parking provided . Mr . innell elaborated on the history of this pro "ect and wh type of use this property would be best suited fo-• . OTION : Made by Commissioner• Michielssen , seconded by Co missioner Kidwell to approve Tentative Parcel Ma • • MEETI AGENDA DATE ITEM# • M E M O R A N D U M TO: City Council August 23 , 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director µE SUBJECT: TREE REMOVAL REQUEST: 5220 AGUILLA (PLOT PLAN 36-88) (Continued from August 9 , 1988 meeting) BACKGROUND: At the City Council ' s August 9th meeting, there were two tie votes on proposed actions on this matter, so it was continued to the August 23rd meeting for determination. RECOMMENDATION: Approval of removal of trees as recommended by the arborist, but not the waiver of the $35 tree removal fee which is based on off- setting actual City costs of issuing the permit. HE :ps Enclosure: August 9, 1988 Staff Report • • MEET! � DAT E M E M O R A N D U M TO: City Council August 9, 1988 VIA: William Hanley, Interim City Manager FROM: Henry Engen, Community Development Director%-VZ.., SUBJECT: Tree Removal Request: 5220 Aguilla (Plot Plan 36-88) BACKGROUND: Ordinance No. 168 (The Tree Ordinance) requires that heritage trees not be removed unless they are approved by the City Council following public hearing. A heritage tree is defined as a native tree 20 inches in diameter or more or a multi-trunk tree with a circumference of 70 inches or more at four feet above grade. ORDINANCE AUTHORITY: Following language is the lan ua a from the Tree Ordinance relative to removal of heritage trees : 112 . TreeRemoval Criteria. A heritage tree shall not be removed except as follows : i. The tree is approved for removal by the City Council, following public hearing. ii. The tree has died or become a hazard as determined by a certified arborist. Any removal so author- ized shall be granted a tree removal permit subject to replacement tree conditions. " TREE REMOVAL APPLICATION: As indicated in the attached letter to Mike and Patricia Hicks, an arborist certified under the City' s ordinance has recommended approval to remove four declining trees on a heavily wooded property at 5220 Aguilla Avenue. Advice on tree removal was sought to provide for the best perspective on properly siting their future home. STAFF RECOMMENDATION: Approval of removal of trees as recommended by the arborist, but • not the waiver of the $35 tree removal fee which is based on off-setting actual City costs of issuing the permit. TREE COMMITTEE RECOMMENDATION: The Tree Committee has transmitted the accompanying recommenda- tion which speaks to two separate issues . They are recommending that replacement oaks be required together with bonding to pro- tect the trees until they are four inches in diameter. The arborist' s report recommended that no replacement trees be required due to "the massive amount of vigorous and healthy trees existing on the site. " The Tree Committee also calls for issuing a stop-work order on the site contending that some trees have been drastically topped and that over 30% of the crown has been removed which exceeds the Tree ordinance standards . There is no permit existing on the property so a stop-work order is not germane. Staff is not able to ascertain whether or not 30% of the tree crowns have been removed. HE :ps cc: Mike and Patricia Hicks Enclosure: Location Map July 26, 1988 Letter from Jon Ecklund Certified Arborist' s letter - 7/22/88 Plot Plan and Photos Tree Committee Recommendation - 8/1/88 August 3, 1988 letter from Michael Hicks II August 3, 1988 ECE, JED A"UG 3 1888 Mr. Henry Engen Community Development Director P.O. Box 747 Atascadero, CA 93423 Dear Mr. Engen: Thank you for providing me with a copy of the Tree Committee's report re- garding my application for a Tree Removal Permit at 5220 Aguilla Avenue. In reviewing the committee's report, I am somewhat confused. There seems to be two issues addressed in their report: (1) Concerning the applica- tion for decaying tree removal, and (2) Pruning. I think issue No. 1 - removal - is very obvious (see Certified Arborist report) . However, issue No. 2 concerns me greatly, stating that I am in violation as it relates to pruning of other trees by removing in excess of 30% of the tree crown. I do not agree that I had more than 30% of the crown removed. It is very obvious that these referenced trees were very top heavy and in danger of falling. The reason for the pruning was to lessen the weight load, and in fact save the trees not destroy them. I will agree that in this early stage, after pruning, the trees are not as "eye appealing" as some may like, however, it is my desire to protect these trees for the future as well as for today. Regarding the committee's request for replacement Oaks to be planted, I do not agree. If we were removing four healthy trees then we should re- place them with four healthy ones, however, we wish to remove four diseased trees and I do not feel that replacing them should apply (see Certified Arborist's recommendation regarding replacement of diseased trees) . One final note. The reason for wanting to remove these trees prior to requesting a building permit is so we can designn our home around the re- maining healthy trees. Please remember that I have also been deeply involved in protecting this City's environment for over twenty years but also feel that I should be allowed to enjoy that environment by building our dream home as others have before us. Sincerely, A�2�Iwtl�'� Michael Hicks �q 4u,so 1111 � • ,•� i iWINES WINEW MA . .� �. MAM UE 1�■�� /�//� �1�/I��iu� mum^.��n�' ■ ... .r. 1 u i r - s b ADMINISTRATION BUILDING • .-.�. POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805) 466-8000 POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 CITY COUNCIL PHONE: (805) 466-8600 CITY CLERK ascadel® CITY TREASURER CI0TY MANAGER INCORPORATED JULY 2, 1979 ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO, CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 July 26, 1988 Mike and Patricia Hicks 6930 Santa Lucia Road Atascadero, California 93422 Subject: Tree Removal 5220 Aguilla Avenue - Plot Plan #36-88 Dear Mr. and Mrs. Hicks, We have reviewed your request to remove 4 Oak Trees as indicated on the plot plan submitted. The letter submitted by the arborist states the trees are in a "rapidly declining state of health and are also hazardous" . Trees are not considered hazardous if they are located on vacant property unless: 1) They are in danger of falling on an adjoining property and -causing damage to that property. 2) They are in danger of falling in the Public Right-of-Way. Due to the size and species of the trees they are classified as "Heritage Treeso and as such their removal must be approved by the City Council. Only dead native trees of this size are allowed to be removed without City Council approval but the trees must be certified by an arborist as dead. This item, Plot Plan #36-88, will be scheduled for City Council consideration on August 9, 1988. Mr. and Mrs. Hicks, if you have any questions regarding this matter please call me at 466-8000 Ext. 145. Sincerely, Henry Engen, Director of Community Development Jon.'Ecklund, Assistant Planner Jack Brazeal Certified Arborist 4531 Skipjack Lane WCISA #163 Paso Robles, California 93446 805/227-6140 Michael and Patricia Hicks 6930 Santa Lucia Road Atascadero, California 93422 805/466-0151 Certified Arborist Tree Removal Review and Recommendation for Lot 18 Block IB Book 30-31, Aguila Avenue, Atascadero, California 93422 1 This site, approximately .87 acre, has 100 plus trees. These existing trees are of various sizes from six inch diameter to forty inch diameter. The tree varieties are California Live Oak (Quercus agrifolia) and Blue Oak (Quercus douglasii. ) This site has approximately 70%canopy coverage. Four existing trees on this site are being proposed for removal for the following reasons: Tree #1 - California Live Oak (Quercus agrifolia) diameter 40". . This tree is- hollow and has extensive decay in the root crown area and is in a state of rapid decline. This tree has dropped several large branches in the last few years and is in an irre- parable condition. By removing this tree, smaller, healthier trees will be able to grow and mature into more significant and specimen trees. This tree #1 describes the general condition of the following three trees that are also proposed for removal. Tree #2 - Multi; 17.19" and 16.87" diameter trunks. This tree is hollow, hazardous and rapidly declining. Tree #3 - Multi, 26.43" and 25.47" diameter trunks. This tree is hollow, hazardous and rapidly declining. Tree #4 - Multi, 28.24" and 15.92" diameter trunks. This tree is hollow, hazardous and rapidly declining. COMMENTS: The majority of the trees existing on this site are young, vigorous and healthy trees. By removing the proposed four trees, it will only enhance - this parcel and encourage the younger trees to grow and mature. • 1 • Tree Removal Review & Recommendation Lot 9, Block 8 page 2 Book 30-31 - Hicks is SUMMARY: No significant impact on the environment by removing the four proposed trees. I recommend that the owner be allowed to remove the irreparable, declining trees and that the permit fee be waived. I also recommend that no replacement trees be required due to the massive amount of vigorous and healthy trees existing on this site. 7-f /,ZZ- /,"V E /MichaeD to l Hicks OWNER/Patricia icks Date ?-°�•z- ' ak Brazeal U Date ertified Arborist WCISA #163 r JB:pb 072188:01 )V Oropvs'.018 Sl�ctice . x x o > J ! • s ' G U � �Ia �v�, Zoe l� j5, 2- C)W tq QWN 15 IL J`/1 )C k UII AN13 1)NTn1c)A H) O-S A-b73`Q S A H Tia L u c i_A R )), fhb-{}T�� !' .T..•1_ �•. -J , A t�" �'�F •ate +�. �,,. - �. .�� - � r. *' '�' .�/o"_'�_ q. ,.�94•L' r�� � :�-�^./rE!► �'.`.":''fir '� =`- � Q '' :;_ wr 1�s`A `,'��, `•<: _ „^'E`er, �ff�,;,;ck�:.- • t r'!� ��t?:�"1� .���_: �Biu ` . �`�,��r�_�,, .� ' .,� � ♦�,. 1 . rc'; .,., ,.• Iiic ,'� •y�Ys"'t �y,fir, y`. -_'^�.t•,L hf< <?� i~ �?�tiT��r - omn Wt t ♦/ r RECEIVED AU-i - i a THE TREE COMMITTEE ADMINISTRATION BUILDING P. O. BOAC 747 ATASCADEROr CA 93423 Memorandum To: City of Atascadero, Community Development Director From: Tree Committee Date : August 1 , 1988 Subject: Tree Removal Permit at 5220 Aguilla Avenue Dated: July 26 , 1988 RE : Plot Plan 36-88 The Tree Committee has reviewed the subject tree removal permit . The Tree Committee wishes to address the following criteria: - See attatchment . We hope that this information will be helpful in putting into practice the Atascadero Tree Ordinance 168 . ieajy�,n A-- S ubbiAFasig Barbara Shoenike Tree Committee Member Tree Committee Member cc : J. Brazeal, certified arborist THE TREE COMMITTEE ADMINISTRATION BUILDING P.O. BOX 747 ATASCADEROr CA 93423 Memorandum To: The Atascadero City Council From: Tree Committee Date: August 1 , 1988 Subject: Tree Removal 5220 Aguilla Avenue Plot Plan ##36-88 After receiving the subject tree removal application, three Tree Committee members (Barbara Schoenike, Ursula Luna, Stubbie Fasig) made a site visitation on July 29 , 1988 . We were accompanied by Councilmen Alden Shiers and Rollin Dexter. The committee members found excessive pruning and recommend that this tree removal permit be denied. The Tree Committee would like to bring to the attention of The City Council and Staff that this site is in violation of the Tree Ordinance. Numerous trees (other than those proposed to be removed) have been drastically topped removing in excess of 300 of the tree crown. The removal application makes no reference to pruning or topping of trees and a tree removal permit is required for this much pruning (see Tree Ordinance, section (c) ( 2) ( iii) . ) We recommend that a stop work order be issued until the owner has mitigated damage to the topped trees. We also recommend that the City. Council consider one of the following options. 1 . If the applicant wishes to remove the trees we would like to see replacement oaks for those trees removed. We would also like to see bonding for the replacement trees so that they will be protected from future construction until they are 4 inches in diameter and will fall under the protection of ordinance 168 . 2 . If the applicant wishes to prepare the site for construction he should apply for a building permit and submit a tree removal and protection plan to Staff for approval . Again, we would like to see replacement oaks" for those trees removed. Ursula Luna Chairperson DATE-=� REM#�A 3 • M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director 4t SUBJECT: TREE REMOVAL REQUEST: 7800/7880 SANTA CRUZ ROAD (PRECISE PLAN 24-88) BACKGROUND: The Tree Ordinance requires that heritage trees not be removed unless approved by the City Council following public hearing. PRECISE PLAN APPLICATION: As indicated in the attached applicant' s statement Las Encinas II (Gordon Davis) is seeking removal of one 36" and 30" live oak tree as part of a precise plan application for siting of a house involving grading of over 20% on the property ( see attached materials) . The driveway across this heavily wooded property has been established by final parcel map approval, and the arborist is recommending removal of a total of 12 trees including the two heritage trees noted. Replacement trees in two six tree oak clusters are proposed on the property. The tree ordinance includes tree removal criteria as stated in the following: " ( iv) Obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal. " STAFF RECOMMENDATION: Approval of removal of the heritage trees with mitigation measures as recommended by the arborist. HE:ps Enclosures : Location Map • Tentative Map Grading Plan Supplemental Statement Application Form Arborist Supplemental Information 3 ll EXHIBIT A LOCATION MAP _ ��; CITY OF ATAS ��; .��; y;� CADERO TENTATIVE PARCEL MAP 31- t"'"'•'�•' ` '~'• 7 8 0 0 SANTA CRUZ ROAD ts .' COMMUNITY DEVELOPMEI, T DAVIS / cvESTA DEPARTMENT • p a r ly / Q� CA A4/,Vo , S �` rl V \ R S - ° / � 1 Jq /`\ j� SITE 7800 SANTA CRUZ RD. TPM 31-87 j A DAVIS / CUESTA -� r rr �� RS s ! P • EXHIBIT B TENT MAP {����`• CITY OF ATA SCADERO TENTATIVE PARCEL MAP 31- 1:1' ^r j-J•- 7800 SANTA CRUZ ROAD can COMMUNITY DEVELOPMENT DAVIS / CUESTA DEPARTMENT 3 41 .Lz �� ��'�.\ ,l' � LII - \I •I�,2: \ ,s,wa wrr 1 `• •� J•ENT4T/Vf P4RCF/Mqp 4T S7 f// . fuu,•,a all- '5 nw w suaor/f.aw✓u! wr�lrwarfa lJl rwr Gry ar iry�� . .. Y/_< .. 11UwrY a/l.,w fw,1 aangf�1lAr!ar • uu/Aww •!lwfw•w sw?,[tYI, . (aT S/ZF OETEifM/NAT/ON - 'a,- • -mwwu/urcplrr -ec• - (/WNFR5 CE,fT/P/CATE ' LlN CJna.l/afV "-L3� - _ y/iw lH,f R.v,wrrw / !p.'N!f • M�6MpG(.p0 rX441prR p� M� ^\"'r lra!t/w(:1�.V/• I •,Ia-+r.. I Al.: , r r rluas. ' ���� LU[ST4 ESL . 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Box 2066 Atascadero, California 93423 (805)466-6827 July 27, 1988 SUPPLEMENTAL STATEMENT PRECISE PLAN 24-88/DAVIS The attached application for tree removal at 7880 Santa Cruz shows a total of 12 oak trees to be removed for driveway construction. Two of these trees are Heritage tree; one 30" and one 36". The driveway route is basically fixed by the access easement to this lot. The driveway must pass through a heavily wooded swale to get to the house site. The swale area is so densely wooded that the trees form one cont- inuous canopy. Any alternative route to save these two Heritage trees would only remove more smaller trees and an equivalent canopy. These larger trees are not as visually significant as a lone tree because they are part of the continuous wooded area. Therefore, the arborist has agreed with the proposal to remove these two Heritage trees and has recommended a 1 to 1 replacement. :f Because of the dense canopy in the Swale, the ar'oorist has not recommended replanting in the area of removal. Instead, he recommends two groupings of six trees in the house site area. Tree groupings are recommended because of the limited open area at the hoose site. The house site is in a natural clearing, and no crees will be removed at the house site. The arborist has certified the construction plan for tree pro- tection. f \ 1��.• _.. ryry A:(eiln'r7-�jdjARr- I�' COMMUNITY DEVELOPMENT DEPARTMENT 1fliR Q A: 9 PLANNING DIVISION �A�,Sc.�nERo, 6500 Palma Ave. P.O. Box 747 Atascadero , CA 93423 (805) 466-8000 APPLICATION FORM Please type or print in ink Owner : l-A,� Agent : Address: ©. i?1c/- C� Address: -7-1-01 :t- C-6-MItJO r--AL "8 AAS G4,C)E- 2-y GA 01342Z Phone #: Phone #: I-(a& — (P827 i Applicant : Address. Phone #: s Project Description: FAMIL`f t ��lt7f=e�iC� t Existing Use: _`A(LANT Project Address: ap o c,AWT-A CV7-(JZ 1-L� Legal Description: Lot (s) PA12C�t_ S7- ZIP Assessors Parcel No ( s) : %YiIY¢ I/We consent to the filing of this application and declare that this application and related documents are true and correct . (NOTE: The signature of the property owner is required on the pplication before it will be accepted for processing . ) r Acent Date Date ; For Staff Use Only Fee: Receipt #: ree Removal Permit `/lphlication n10!11 11�r� Supplemental Information ifiiii r � r =� p t ir►7ii 11.5 CAI/l.[< (Please type or print in ink ) Reason for Remo v.il : ��(� Number of Trees to be Removed : Specify the size (measured Ir ' above ground level ) , species (both common and botanical name ) and condition of each tree to be removed : �— SizE CO�/�O.V N�� BST.AnIIC�-G N,G�rE CON2'/T10�c/. 2. S. 0' G. A91, Ziol, Ook _ /0. j�" L;ue Duk D r. ,�- �'' - �-7 12. is. — - - -- ---- Specify the size end speci-es of the trees proposed to replace those i nterrded for reninva 1 All 2. fV-741 3. 5. Please prepare a ,Plat Flan,, showirici at improvements on your property , trees to tie removed , trer-,s; to remain, and the proposed location of replacement trees as per the attached example. Uwr ����.� /fir .ror.i t Certificate Number Date Uat 11EETr "NOA ITEM N • M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director �AF SUBJECT: TREE REMOVAL REQUEST: VISTA ROAD (TRACT MAP AT 820802:1) BACKGROUND: An application has been submitted for a grading plan to install the extension of Vista Road which proposes the removal of ten (10) trees, including one ( 1 ) heritage tree. The required arborist' s report proposed changes to the approved public improvement plan for the road which would change the location of cuts and fills. This will require submission of a revised public improvement plan and arborist' s report to show the resultant impacts on adjoining trees . The applicant' s engineer has been requested to revise the application and to plot trees on cross sections to allow proper evaluation of cut and fill impact. RECOMMENDATION: Continue the request for re-scheduling upon receipt of revised plans . HE :ph cc : Dan Stewart • MEET! AGENDA OAT M ITEM M • M E M O R A N D U M TO: City Council August 23, 1988 VIA: Paul Sensibaugh, Acting City Manager FROM: Henry Engen, Community Development Director V►16 SUBJECT: ZONE CHANGE 15-87 (Michael Frederick/Mike Yeomans) 9240 Vista Bonita BACKGROUND: On July 26, 1988, the City Council approved the above-referenced zone change on Ordinance No. 180 on first reading. On August 9, 1988, owing to a tie vote for consideration of second reading and adoption of the ordinance, the matter was continued to the August 23rd meeting for determination. RECOMMENDATION: Approve Ordinance No. 180, second reading, by: • 1 ) Readingb title only Y Y 2) Approving Ordinance No. 180 HE:ps Attachment: Ordinance No. 180 • ORDINANCE 140. 180 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 ON VISTA BONITA ROAD FROM RSF-Y & RSF-Z (RESIDENTIAL SINGLE FAMILY) TO RSF-Y (PD-7) & RSF-Z (PD-7) (RESIDENTIAL SINGLE FAMILY) . (ZONE CHANGE 15-87 - YEOMANS/FREDERICKS) 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 public hearings on May 3, May 17 and June 7, 1988 and has recommended approval of Zone Change 15-87. 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 Low Density Single Family Residential development 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. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. • 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. Proposed plans , offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 19 of the Official Zoning Maps of the City of Atascadero on file in the Community Development Department is hereby amended to reclassify Lots 1 ,2, and 3 of PM 32-85 and Lots 16 & 17 of Tract 5 in Atascadero as show on the attached Exhibits "A" & "B" which are 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 is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BONITA BORGESON, MAYOR City of Atascadero, California w w ATTEST: BOYD C. SHARITZ, City Clerk APP OVE AS T CONTENT: WILLIAM HANLEY Irl erim, City Manager APPROVED AS TO F1/(RM: V EY JO7&SFj, City Attorney P EPARED B HE R "ENGIN, Communityibevelop,6t Director • EXHIBIT A — ORDINANCE 180 ZONE CHANGE 15--87 CITY OF ATASCADERO ;! •� �_ RSF-Z & RSF-•Y TO RSF-�Z CPD 7) Tit! & RSF-Y CPD 7) �SG1DE COMMUNITY DEVELOPMENT YEOMANS/FREDERICKS ��- T11/1 i�IT D E P A R E 1 ZO, CHANGE 15-87 R F•Z YEOMANS/FREDERICKS % RSF—Z & RSF—Y f`1cORr MF-4 6) ,' ,�� TO o - E i �\ RSF-ZCPD J) & RSF-YCPD 7) Cr F< ,oq - \\. �` RSF• (PD7) �� 10 I ,Q f V` C \\ \ \ a` V IT �P � Q p •o V J _ Z \\ O CD- Qq �; yE CT CR R cs � Epo 4 '0,4 c / E IVE Z / CITY OF ATASCADERO EXHIBIT B ORDINANCE 180 r i7i.11 :_ ,,„s- ZONE CHANGE 15-87 Ls7qCOMMUNITY DEVELOPMENT RSF--Z RSF-Z TO RSF-z CP ��J & RSF-Y (PD 7) DEPARTMENT YEOMANS/FREDERICKS _"roNWUIv;TV DEVELOi Mt \�\ 04 TRACT 1562 j t \ TENTATIVE MAP CHALK MOUNTAIN.ATASCADERO NORTH I - LO;6 r- �� �� \ �T' \ \ Vt \� f \ \ \ \ LOQ 5 LOT 4 •` •.r.•►w+lt \\ (\`. 1 OF 5 _ r \�. �.. LOT 3 .` \i' 1 \\•\ a 1 f \ "" r LOT .` LOT' OPENS - ACE r. t \ . i • I, 6 30 -TRACT 1562 ....,I i”C^00• VICINITY 1AAP ..;,- __ :.._ ..._,� . 4r, MEET! A GE E• ITEMS ME "E • MEMORANDUM To : Honorable Mayor and City Council From: Paul M. Sensibaugh, Director of Public Works/City Engineer Acting City Manager Subject : Award of Atascadero Lake Improvement Project Date : August 16, 1988 Recommendation: Staff recommends that Council award the ozonation, extension of the water supply line and the siltation basin at the upper end of the lake to Associated Pacific Constructors in the aggregate amount of $117, 118 and to delete the biofiltration, domestic water lines and aquatic plants at this time. Staff further recommends that Council direct staff to pursue the testing for a water supply well for replenishment of the lake , the control of domestic fowl and the placing by volunteers of aquatic plants in the island area . • Background: This is the second bidding of the lake project and only one bid was received. The biofiltration was estimated by the consulting engineer at $40, 000; the low bid for that item was $128,728 . This item has been eliminated since the effectiveness of the system isolated near the Proposed swimming area is questionable and since the grant monies available are only about $180, 000 . The ozonation was estimated at $50, 000 and the low bid came in at $77, 868. This item is, according to the consultant, still less than an option such as aeration. The annual cost of operating this equipment is $5, 200 . Discussion: The feasibility study for this project placed a strong emphasis on other options such as dredging, alternate water supply, diking, filtering, control of ducks and the placement and care of acquatic plants . The dredging is not eligible for grant funds, the diking can perhaps be coupled with a future sewer extension from Lakeview to Marchant Way, the filtering is too expensive and the plants can be done over a period of time with the help of volunteers . The alternate water supply and removal and discouragement of ducks are crucial to the success of the other improvements and are recommended to be addressed with the remaining grant funds . • Fiscal Impact : • The total cost of this contract without changeorders is $117, 118 which will leave a balance of approximately $62 , 900 of grant monies . Out of this latter amount about 10% is anticipated for construction inspection and contract administration and the balance for the alternate water supply and purchase of plants . The cost of the control of fowl is considered minor, yet the task is not an easy one . • • L �- � o s Q � U � h v � M a a. o � c N E-, h � �� �`� a 1 � � w 1Lai M7 Ili = z 4-' o � - H O F i c d a VAS W z x - a _ 0 4-1CL ( 0 c O , CL do L � O Q Gq p MEETI AGENDA _ t3A ITEM/ ...._... • MEMORANDUM To: Honorable Mayor and City Council From: Paul M. Sensibaugh, Director of Public Works/City Engineer ASS' Acting City Manager Subject : Chandler Ranch Assessment District (A.D.#5) Boundary Map/Resolution of Intention Date : August 15 , 1988 Recommendation: Staff recommends that Council approve the attached Boundary Map and Resolution of Intention for the above road improvement project . Background: At the July 26 regular meeting Council approved resolutions to initiate the assessment district proceedings and to contract with • consultants . The actions from that point forward will follow the tentative schedule of events provided to Council previously. Discussion: The above actions represent those items that were originally scheduled for August 9 . The time schedule has been expanded slightly to allow more time for design and more refined cost estimates . The initial thought was to try to bid the job with the Street Resurfacing project but that project had to be advertised sooner in order to allow October paving. (Resurfacing can be completed even with intermittent rains since no excavation occurs . ) The A.D.#5 project is now planned to be authorized for bidding on September 13 which will require a November or December project . Although there are areas that require removal and replacement of existing asphalt it is very likely that the work can proceed in the winter as long as the asphalt plants are producing. This could also give favorable bids due to competition in the winter but the bidder will have to recognize that he may be delayed until spring. ( In any case we are not looking at the type of problem that we had on Santa Ysabel since removal will be selective and drainage will be more easily controlled. ) • r The Boundary Map is attached for Your review and includes 118 • parcels . There will be no improvements made on the City-Maintained portion of San Diego but everyone within the boundary will participate equally in the assessments since benefit is shown to all of the lots by paving and accepting the maintenance of all the roads . Fiscal Impact : The costs are not available at this writing but it is anticipated that they will be higher than orginally anticipated by the petitioners . This is largely due to the cost of bonding and fewer lots participating. The engineer' s report to be presented September 13 will itemize those costs . Ther reserve percentage and continguencies have to be sufficient to market the bonds but any monies not expended will be returned to the owners at the end of the finance period. Those paying up front will avoid the cost of bonding but the more initial payoffs that occur the greater the burden on those remaining will be . • R-3 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) RESOLUTION NO. 91-88 RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT WHEREAS, in accordance with prior proceedings duly had and taken, the City Council (the "Council" ) of the City of Atascadero (the "City" ) has declared its intention to and has determined to undertakeroceedin s u p g pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in and for the City of Atascadero, California, of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) ; " and WHEREAS,` this Council, by resolution duly adopted, . appointed the firm of Cuesta Engineering as Engineer of Work in said proceedings and authorized and directed such firm to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment; and WHEREAS, said Engineer of Work has submitted to this Council a map entitled "Proposed Boundaries, City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) , County of San Luis Obispo, State of California" indicating the proposed boundaries of said assessment district, a copy of which map is attached hereto and labeled Exhibit B; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero that said map be, and the same is hereby approved by this Council as the map of the proposed boundaries of said assessment district. 2 7609d-041003-000002-198 08/17/88 PASSED AND ADOPTED this 23rd day of August, 1988, by the following vote: AYES: Councilmembers NOES: ABSENT: Bonita Borgeson, Mayor of the City of Atascadero, San Luis Obispo County, State of California [ Seal] ATTEST: Boyd C. Sharitz City Clerk of the City of Atascadero, San Luis Obispo County, State of California APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN City Attorney 3 7609d-041003-000002-198 08/17/88 rueuG NORK'S srAremtnr [/7 r ;tc.rw > >.-"•'••, AjSt 37HCNT D/ST.f/Gr N0. f vriei,r..n+.n.•. r r•.e.rr.�r r u µI .e.r.e+rrr v u lYfr,r M Yw.u/f II f/r nit!w+[ nr rt r IaII Mrn a-77-- n aw..ell,urr✓I.nemrw `rte,��r�� .111[SSMCMT OU4RA// O <�• C / F l ` m C3 43> N ?v © 4�> MA ar 0 ^ Q 9J AUG 16 1988 CC) � say W � Q�• v�. \zl 0 lit • Ali, t t[ _k °4 x[31• ^,[��� � ���� In $v {4; Zk k k4 a �D Y � ©l=1♦ "v W � �� t ° v � 3<k V iv• L< a;I ,� ,,.tc, V c��vl.Q� v V �v k v a t la O�• / a L,119 a t „ rv1 Z�r nil i Fo IomroyJovi V �i<< v♦ a k ��' i1YNH9/N 71 Pup ao h • ��e v VI � 4 14 tw Hitt Oe 4 33 0 ` II" I'll° nn� " ��• pit,zi o �.,.,:�.�., ,J 0 3j •• a ' w � . iw•WiM o V OyJ� ; �` V ©3 ` i • T © l4 0 3J • �� a Il v ��M 1 Y z z i lAlt 1N1 �� co s C.O ti ' C3 a ♦ J a n�ao 0 � h o Y O �M 71 0 r• a �u 3 ° 3 1 Tit z 4 48 14 W W V is (ores oyroN� i�It9 . �_ A✓NH9iN R-4 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) RESOLUTION NO. 92 -88 RESOLUTION OF INTENTION WHEREAS, in accordance with prior proceedings duly had and taken, the City Council of the City of Atascadero (the "City Council" ) has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and to issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915, commencing with Section 8500 of the Streets and Highway Code, for the acquisition and construction in and for the City of Atascadero (the "City" ) of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated "City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) "; and WHEREAS, the City Council, by resolution duly adopted, appointed the firm of Cuesta Engineering as Engineer of Work in and for said proceedings and authorized and directed said firm to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings, including the preparation of plans and 7689d • specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment; and WHEREAS, the public interest, necessity, convenience and general welfare will be served thereby; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: 1. The foregoing recitals are true and correct and this City Council so finds and determines. 2 . The public interest, necessity, convenience and general welfare require the acquisition and construction of the improvements hereinafter described in and for the . assessment district hereinafter described. 3 . It is the intention of this City Council to order the foregoing public improvements to be made in and for the City in an assessment district designated "City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) , " the exterior boundaries of which are hereinafter specified and described in Section 4 hereof, which such improvements shall be made pursuant to the Municipal Improvement Act of 1913 . 4. The City Council hereby declares that the territory within the boundaries hereinafter specified and described is the assessment district to be benefitted by said • 2 7689d-041003-000002-198 08/17/88A acquisitions and improvements and to be assessed to pay the . cost and expenses thereof; that the- cost and expenses of said acquisitions and improvements (less any contributions by the City) shall be made chargeable upon said assessment district; and that the exterior boundaries of said assessment district are hereby specified and described to be as shown on that certain map now on file with the City Clerk of, the City approved by Resolution No. __� 1 -88 adopted by the City Council on August 23, 1988, entitled "Proposed Boundaries, City of Atascadero, of Improvement District No. 5, (Chandler Ranch Area Assessment District) , County of San Luis Obispo, State of California, " which said map indicates by a boundary line the exterior boundaries of the territory included in said assessment district and shall govern for all details as to the extent of said assessment district. 5. All publicly-owned property and all public streets, alleys, easements and rights-of-way shall be omitted from the assessment to be made to pay the cost and expenses of said improvements. 6. The City Council hereby determines and notice is hereby given that serial bonds to represent unpaid assessments, and .to bear interest at a rate not to exceed the maximum rate permitted by law, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, commencing with 3 7689d-041003-000002-198 08/17/88A . Section 8500 of the Streets and Highways Code, to represent the expenses of the proposed work or improvement, and the last installment of the bonds shall mature a minimum of three (3 ) years and a maximum of ten (10) years from the 2nd day of September next succeeding 12 months from their date. The City Council hereby further determines and notice is hereby further given that the principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, which annual aggregate amounts may vary one from another in amounts not exceeding in • any year more than five per cent (5%) of the total principal amount of the bonds; except for the moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. The City Council hereby further determines and notice is hereby further given that such bonds may be refunded upon determination by resolution of the City Council to do so, provided, there will be a reduction in the interest cost to maturity by reason of the refunding of such bonds, and that the refunding bonds shall bear interest at a rate not to exceed the maximum rate permitted by law and shall have a • 4 7689d-041003-000002-198 08/17/88A maximum number of 'years to maturity not in excess of the term of such bonds, and any adjustment to assessments resulting from the issuance of the refunding bonds will be done on a pro rata basis. The City Council hereby further determines and notice is hereby further given that it proposes to proceed under the alternative procedure authorized in Part 11 . 1 of said Improvement Bond Act of 1915 relative to collecting assessments and advance retirement of the bonds. The City Council hereby further determines and notice is hereby given that it proposes to include, as an additional expense of the proceedings, an amount not in excess of seven per cent (7%)' of the total amount of assessments as a special reserve fund for the bonds, as authorized in said Improvement Bond Act of 1915, and that it proposes to sell the bonds at a discount not in excess of three per cent (3%) of the principal amount thereof. 7. After completion of said improvements and the payment of all claims from the improvement fund to be provided in the proceedings hereafter to be taken pursuant to this resolution, the City Council shall determine the amount of the surplus, if any, remaining in said improvement fund by reason of the assessment (and any supplemental assessment) levied for said improvements, and any such surplus shall be used as a credit on the assessment (as provided in Section 10427. 1 of the Streets and Highways Code) . 5 7689d-041003-000002-198 08/17/88A 8. The City Council hereby determines and notice • is hereby given that a maximum annual assessment of $ upon each of the several subdivisions of land in the district is proposed, to pay costs incurred by the City and not otherwise reimbursed for the administration and collection of (i ) the assessments (ii ) the registration of the bonds or (iii) the reserve fund or other related funds. 9. The City Council hereby determines that, in its opinion, the public interest will not be served by allowing the property owners to take the contract for the construction of said improvements. 10. The City Council hereby refers said proposed improvements to said Engineer of Work and hereby directs said Engineer of Work to make and file a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. The grade to which said improvements shall be done shall be that which is shown on the plans and profiles therefor (which may vary from the official grade established for any of the streets) , to which reference is hereby made. 7689d-041003-000002-198 6 08/17/88A PASSED AND ADOPTED this 23rd day of August, 1988, by . the following vote: Ayes: Councilmembers Noes: Absent: Bonita Borgeson, Mayor of the City of Atascadero, San Luis Obispo County, State of California [ Seal ] ATTEST: Boyd C. Sharitz City Clerk of the City of Atascadero, San Luis Obispo County, State of California APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: JEFFREY G. JORGENSEN City Attorney 7 7689d-041003-000002-198 08/17/88A EXHIBIT A Resurfacing of streets, including the removal and replacement of the existing base and surface course prior to resurfacing. Partial grading of shoulders and minor drainage improvements; minor widening of streets and surveying, Construction inspection wil be performed throughout. The work will also include necessary appurtenances, including, but not limited to, mobilization, clearing and grubbing, excavation, importation of graded material, compaction, testing, acquisition of necessary easements and tapering at driveways. • 7689d-041003-000002-198 A-1 08/18/88 ME ETt AGENDA DATE_.. ITEM �$ # // -7 MEMORANDUM To : Honorable Mayor and City Council From: Paul M. Sensibaugh, Director of Public Works/City Engineer Acting City Manager Subject : Dial—A—Ride Bid Award Date : August 16, 1988 Recommendation: Staff recommends that Council award the Dial—A—Ride service contract to Santa Barbara Transportation, Inc . of Santa Barbara, Ca . in the amount of $124, 004 for the 1st year, $128,894 the 2nd year and $134, 031 , maximum and direct staff to bring back an agreement at the next regular meeting. Background: Bids for the above service were received on July 15 . The bid • summary below is based on 7800 hours and broken down between fixed costs such as insurance and variable costs such as labor in order to fluxuate the demand hours . (That breakdown is not shown below. ) The current contract for Community Contract Services assuming the same maximum number of hours is $169, 037 . The apparent low bidder is Santa Barbara Transportation, Inc . at $124, 004, the next low bidder is Laidlaw Transit, Inc . at $139, 357, and the high bid was from CTS in the amount of $143,495 (which alone represents a savings of $25, 542 over the present contract) . Item S .B.T. Laidlow CTS Labor: Management Labor $13, 520 $16,328 $20, 100 Management Bene . 2, 563 4, 088 5, 025 Office/Cler.Lab. 11 ,440 17,563 Off . /Cl .Benefits 1,870 3, 864 Operator Labor 38, 654 46, 800 45, 178 Operator Benefits 13, 000 12, 131 6, 777 Admin. Labor 19, 558 11 ,480 Admin. Benefits 5, 664 2, 870 Subtotal : $81 , 047 $104,569 112,857 • I Expenses : -Non-Vehicle Ins . $ 26 , 300 $ $11 , 914 Telephones 1 , 200 1 , 200 750 Office Supplies 1 , 200 360 900 Train. /Recruit . 1 , 000 2, 000 250 Uniforms 500 600 175 Physicals 250 300 300 Other Corp .Overhead 30,328 14,349 Travel/p . cash 2, 000 Contract Fee 12,757 30,328 Subtotal : $ 43, 207 34,788 30, 638 Total : $124, 2 4w 139,357 143,495 Discussion: Attached is a letter from SBT stating their insurance costs which were not entered into their bid initially. These costs are in line with the other bids for that item and did not remove SBT from the apparent low bid position. The discrepency in the numbers from the letter to this report is due to an addition error in the SBT bid. Staff recommends that these irregularities be waived and that the corrected bid be accepted. SBT does not have any experience in demand response (dial-a- • ride) transit operations . All of their systems are either fixed route or subscription service such as our contract with Escuela De Rio. They recently acquired the Run-a-Bout system for the County, but it is too early to judge their performance . It is true, however, that they have not been able to hire a dispatcher and are not operating that system as it was bid. Additionally, SBT has indicated that they will be using the same manager that operates the South County Area Transit (SCAT) system and the Run-a-Bout (handicap) systema SLOACC has judged this position to be stretched very thin and since SBT has bid only one dispatcher for our D-A-R system staff is concerned that a smooth transition may not take place . SCAT has experience frequent late runs on that fixed system of 1/2 hr. and problems are not being taken to the County due to the lack of staff support ( in Grover City) . Staff is concerned about the lack of dial-a-ride experience for the low bidder and is used to working with a company that has a very good reputation throughout California in this type of a system. However, SBT is the lowest responsible bidder and enjoys the legal right to prove that they can provide the service for which they bid. i i The contract is a three year contract but the City has the right to terminate the contract upon notice at any time throughout the contract . Each of the bidders increased their bids approximately 5% per year to arrive at the 2nd and 3rd year bids . SST bid $128, 894 and $134, 031 , respectively for the 2nd and 3rd years (after error adjustments) . Fiscal Impact: The savings over the current contract will be $44,833 for the first year and similar savings for subsequent years . Despite the concern regarding the service we are buying it is difficult, if not impossible, to not accept the low bid. ,.r SANTA BARBARA TRANSPORTATION, INC. 1 N. Salsipuedes, Suite 31 Santa Barbara, CA 93103 July 26, 1988 Mr. Don Leib- Superintendent eibSuperintendent of Public Works City of Atascade„o ~` P.O. Box 747 Atascadero, CA 93423 Dear Don, �- Our liability insurance quote for $500,000 of coverage on five vans would be $18,200 as covered in the insurance section Of our proposal. We currently have $2 million of general lia— M billty insurance . There would be no change for this coverage . Our quote is $8000 for an additional $8 million ofeneral g ,f liability insurance which was not included in our proposal. Below is a list of the total costs of our proposal to the city. $97,804 Budget 18,200 Liability Insurance—the city will pay directly 8,000 General Liability Insurance 1.2 ,004 Total Thanks for your help in preparing our proposal: Respectfully, ?j^ _Xq_-)Cz Kon Stokes , Ph.D. President (805) 963-3355 1-(800)-443-4751 n • SANTA BARBARA TRANSPORTATION, INC. _ 1 N. Salsipuedes, Suite 31 Santa Barbara, CA 93103 PROPOSAL TO OPERATE DIAL-t-RIDE by SANTA BARBARA TRANSPORTATION CORPORATION 1198 Farroll Road Grover City, CA 93133 Telephone: 773-5400 Contact Person: Carole Harrisor. 7-15-88 (805) 963-3355 1-(800)-443-4751 ORGANIZATIONAL STRUCTURE AND HISTORY Santa Barbara Transportation (SBT) is a caringfamily • company. It ' s roots date back to 1929 when te firstaxi d service was introduced in Santa Barbara . Limousine service was added in the 1960 ' s and the first door-to-door busing service was introduced in 1978 . The company, a California Corporation, has grown and flourished in the Tri-County area and now operates about 130 vehicles with a staff of 260 employees . The County of San Luis Obispo has just granted SBT the Runabout contract to serve the City of Atascadero and the County based on it ' s excellent record of service and competitive cost. There could be advantages to the City of Atascadero of having one operator for both services . EXPERIENCE Santa Barbara Transportation currently operates about 40 demand response vehicles which serve the handicapped, frail, elderly, and the general population. These vehicles consist of wheelchair vans and taxis and operate mostly in South Santa Barbara County. Most of our handicapped passengers are funded through the Tri-County Regional Center which purchases services for the developmentally disabled in the Tri-County area. Many of the frail and elderly passengers are funded by the County Multi-Service Senior Program. Most of the wheelchair van passengers book their rides in advance and the taxi passengers call for service as needed or request "time-calls" which assures them a ride at their desired time. All of our service operates 24 hours per day, 7 days per week. Our company specializes in transportation for the handicapped, frail, and elderly. The company uses ten buses to transport handicapped adults to the Santa Maria Vocational Training Center. On this program, the company picks up students from the Five Cities area in the North to Lompoc and Buellton in the South. The company uses 10 passenger and wheelchair vans in South Santa Barbara County to transport handicapped adults to Alpha Training Center, Devereux School, Santa Barbara City College , and Work Training Program under another Tri-County Regional Center contract. These routes are fixed, but change often and are almost a demand response system. These routes go from Winchester Canyon and San Marcos Pass in the North and to the City of Carpinteria in the South. The company provides most of the school busing in North Santa Barbara County with about 40 school buses . Ten of these buses handle special education (handicapped) students . The company has 'contracts with the Santa Maria Elementary School District, Vandenberg Air Force Base , and provides most of the school activity transportation for the Santa Maria Union High School District. In addition, the company also provides school busing for a number of special programs for the County Schools of Santa Barbara. School activities • and other charter busing often use up to 20 buses per day. Seventeen of the companies vehicles are lift equipped. In San Luis Obispo County we operate the transit busing for the Five Cities area (SCAT) and SLOSCAT which operates from the Five Cities area to the City of San Luis Obispo and Cal Poly. All of these buses are lift equipped. In the 111ty of Santa Barbara, we halve operated the Downtown Shuttle bus program for the City since 1985 which transports commuters from the parking lots to work and shoppers up and down the City' s main street. . In Ventura County we recently won the Intercity busing contract for service between the cities of Westlake , Thousand Oaks , Camarillo, and Ventura. This contract is with the County of Ventura. Our other operations in Ventura began in 1985 and include school and charter busing for a number of the school districts in that County. In sum, SBT is the largest local transportation company headquartered in the Tri-County area. The company management and employees have dozens of years of experience . The company provides a high level of service and has established an outstanding safety record. At last count, the company was providing between 10,000 and 12,000 safe one-way rides in the local area each day. LIST OF OWNERS AND OFFICERS DR. Ken Stokes , President Mrs . Joyce Stokes , Vice-President Mrs . Dorothy Stevens , Director MANAGEMENT PHILOSOPHY The company management philosophy is to have both caring managers and employees who provide a high level of service at a reasonable cost. This philosophy has been responsible for the company success in winning over 80% of the contracts it bids on and growing 1000% in the last four years . FINANCIAL SOLVENCY The company is very strong financially. It ' s sales are currently about $4 million with a net income of 15% after tax. The company equity as of 5-30-88 is in excess of $800,000 and the company has a credit line of $250,000. The company owners , Ken and Joyce Stokes have personal equity in excess of $1 million which could be available for company growth. OPERATING PHILOSOPHY It is our intention to use the current staff to operate this contract a:: approved by the City and assuming satisfactory performance . We would use Betsy- as the Site Supervisor if this is acceptable to the City. Future hires would be from the local labor market. Carole Harrison, Manager of San Luis Obispo County Operations would be on site as needed to assure a high level of service . It is our philosophy to motivate the staff through good training and caring management to perform their jobs well and take pride in their work. It would be our goal to have the staff a self-governing unit under the direction of the local - on-site supervisor .' It is our intention to have as many full-time employees as possible who will be dedicated in providing an excellent transportation for the City of Atascadero. PERSONNEL The company president, Dr. Ken Stokes , will have the overall responsibility for the success of the program. Ken has over 20 years of executive management experience and has served as president of Santa Barbara Transportation for the last 5 years . He has had hands-on experience with subscription service, advance reservation service and immediate call- and-demand service. Ken ' s ability has made the company one of the most successful in the Tri-County area with growth of 1000% in the last 4 years . He is a leader in the transportation industry and was recently elected as the 1st Vice President and President Pro tem of the Taxicab/Paratransit Association of California which represents paratransit and taxi industry' in the State. Carole Harrison, Operations Manager for San Luis Obispo County operations would serve as Manager of the program. Carole has provided transportation services in the area for 20 years and has 7 years of transportation management experience. She has operated virtually all of the transportation services in San Luis Obispo County as shown on the attached resume . She is currently operating the SCAT, SLOSCAT, charter bus services in the county. • DRIVt;R TRAINING Our driver training would be conducted by Carole Harrison who has been a School Bus Driver Trainer and is authorized by the California Department of Motor Vehicles to sign off the driving portion of the bus drivers license. Carole ' s formal training consists of reviewing the applicable laws and procedures of driving a wheelchair van. Defensive driving, emergency first aid, CPR, passenger care and handling and vehicle handling and safety would be included. All drivers hired would have outstanding driving records as demonstrated by their DMV printouts . The practical portion of the training includes van cheek-outs , van inspections , and behind-the-wheel driving. Only a 6river who has demonstrated their competence in each of the above arrta would be hired as a regular or part-time driver. New drivers would be placed with an experienced driver for as much time as necessary to learn the usual stops and the operation of the system on an OJT basis . Follow-up training would be given as needed so that each driver performed efficiently. Our driver training would consist of a minimum" of 20 hours' of classroom training and a minimum of 20 hours of behind-the ' wheel training. This training would be equal or equivalent to that of our school bus driver training. In San Luis Obispo County we have only lost one driver in the last four years . Overall , our turnover rate is about 5-10% . • • SAFETY PROGRAM The company safety program consists of the training of new drivers stressing the importance of safety. Monthly safety meetings are held for all drivers . They include films on safe driving techniques , defensive driving, and passenger care. These meetings would be held before or after work on paid time. and often include guest speakers such as officers from the California Highway Patrol. The company safety director often attends the program safety meetings as does the company president. The meetings always allow time for the drivers to express any concerns or techniques which work well for them. The result of the safety meetings creates a safety attitude for the drivers which is very important as safety is the most important part of their job. The safety meetings also serve as team building tools . All , drivers are encouraged to join CASTO (California Association of School Transportation Officials) . The company pays J of the $25 per year dues . This organization has monthly training and safety meetings and an annual workshop. It also sponsors a County and State bus driving rodeo. This year our company hosted the County rodeo . The majority of our company drivers have elected to join CASTO which is available to all bus and van drivers . The majority of the members in this local 01 chapter (North Santa Barbara County and San Luis Obispo County) are drivers of Santa Barbara ''_'ransportation. This year a team of nine drivers entered the -State rodeo and finished as finalists . VEHICLE SCHEDULING AND DISPATCHING The scheduling technique we use on our demand-response service is to schedule each request as they are received of a scheduling sheet (attached) . A scheduling sheet is used for each wheelchair van which is operating. The scheduling sheets are completed by the dispatcher each day so that each evening a completed scheduling sheet can be given to each driver for their next day. The dispatcher knows how long it will take to load, travel from point A to point B, and unload the passengers so that our wheelchair vans remain on schedule. The dispatchers strive for maximum efficiency in; scheduling so that they schedule as many passengers on a van as possible who are going to the nearby places at similar- times . All of our wheelchair vans have two-way radios . so that cancellations may be sent to the drivers and additional passengers may be added to the schedule as they call in and space permits . Most, medicalappointments are scheduled in advance so that prc.-schedules are the norm. We would use r.his type of scheduling and dispatching for the DAR system. 0 EMPLOYEE BENEFIT PACKAGE SBT offers all employees all of the legally required benefits such as Worker' s Compensation, contributions to Social Security, State Unemployment Insurance, etc . Additionally, we offer all employees working more than 20 hours our Health Net medical coverage . This excellent medical plan uses clinics and hospitals near the employees home such as San Luis Medical Clinic and pays 100% of all doctor and hospital costs . At the present time, the company pays 100% of management employees coverage and 50% of the drivers premium which is about $40 per month. Attached is a copy of the Health Net member handbook. Also attached is a copy of the Santa Barbara Transportation employee handbook. which covers other benefits and practices . STATEMENT OF UNDERSTANDING A demand responsive dial-a-ride system is the most user convenient system available - just like a taxi system. It allows users to call and be picked up from their homes and taken to their destination. So the main advantage is that it is user convenient. A demand responsive dial-a-ride should operate efficiently. This can be measured ;by the number of passengers carried per hour of operation. Passengers should be encouraged to schedule service in advance as the Atascadero Dial-A-Ride currently practices . In a rural area suc4 as Atascadero, where the population is spread out, a DAR system may be the most efficient available as there are few people going from one place to another at the same time and the personalized DAR is needed. The major disadvantage is . that a DAR is generally not .as efficient as the typical fixed route system as measured by the passengers carried per hour of operation..... As Atascadero continues to grow, a partial fixed route system should be explored. Our South County Area Transit contract (Five Cities ) covers an area similar to Atascadero and has successfully converted to a four route system. If we are the successful provider.. of service , we would be happy to -make a feasiblity study -- of using a partial fixed route with the City. . Wheelchair riders will always need a DAR system due to their few numbers and varied locations . The description of the Dial-A-Ride and "How Dail-A-Ride Works" is excellent and describes the normal call-in procedure of a DAR. Our current procedure of using d scheduling sheet for each van is also common to a DAR operation. i' 0 • INSURANCE COVERAGE ` We will provide the insurance coverage required by the City. The price quotes we have received for $500,000 of liability iasurance are $3500 per year for the 16 passenger vans and $4200 for the 25 passenger van. This seems high to us and we believe we can find coverage at a lower price . Our loss history has been excellent. We have had losses of about $10,000 over the last three years and have paid about $500,000 in premiums . We currently get the maximum insurance premium discount based on our outstanding record. Ude currently operate about 130 vehicles . We have ordered a copy of our loss historyfrom our insurance broker for your review. PLAN AND SCHEDULE OF OPERATION We pride ourselves on providing a smooth transition when we take over a new contract. As soon as a decision was made we would meet with the current drivers and staff to introduce them to our company and assure them of their continued employment. In this contract they would probably be'> happy about the nets company as we believe that -our wage . rate is higher. than the current contractor. We would provide additional training as needed to assure a high quality of service . DBE CERTIFICATION Santa Barbara Transportation is a Disadvantaged Business Enterprise as we are wo.aen owned. SUM14ARY Our company is the largest locally based company in the area and could successfully operate the DAR system for the city. We feel that it is imprudent to have a contractor who pays close to minimum wage to it' s drivers . Any labor savings will be more than offset by higher maintenance costs (which the City pays ) and a little lower level of service and higher driver turnover . Therefore , we offer the drivers a higher wage level than the current provider and will be able to offer a higher level of service . EXHIBIT B . • City of Atascadero REQUEST FOR PROPOSAL Form A (Page 1 of 2) PROPOSED BUDGET BREAKDOWN Budget Elements Year One Year Two Year Three - v Labor: Management Labor $ $ ., i .� $ g 106 Management Benefits Office/Clerical LaborL4-11 r�/ -) / Office/Clerical Benefits 1 n�i7 Operator Labor :. s —�": ;r `' 911 Operator Benefit , s 114 , -333 Administration Labor Administration Benefit Subtotal $ J �f 1 $ �j $ a9 '200 Expenses: '� ► Non-Vehicle Insurance 11 b -7-Telephones _. 12-G b 1 31 = 3 Office Supplies _ r} t -1 Training and Recruitment Ii %-J C: 0 Uniforms `Physicals r _ rf i %Other (Please Specify) q 9 to Contract Feedj � - Subtotal $ c 1 t� Total Budget $ it Ll $ r� K i. .. 13 f REQUEST FOR PROPOSALS Form A (Page 2 of 2) r -- Based on the above budget figures and based on an estimate of 7800 vehicle service hours indicate below: Monthly Fee for Fixed Costs $ ''3 ') 62- $ ( 1 $ Hourly Rate for Variable Costs $ `1 $ � . $ L't The above budget breakdown and the other attached proposed materials represents an offer to do work as described in this proposal. It is understood that this offer shall remain in effect until , 1988 unless withdrawn pursuant to the conditions of the subject RFP. Signature: — Authorized Person Person with Legal Authority to Bond Proposer) Signer's Name and Title D77 /CLQ,' 5 T'0 Ke'S Date Signed: y C1 Ly IS l Cl 14 City of Atascadero REQUEST FOR PROPOSALS Form B PROPOSED STAFFING PLAN Number of Number of Average Hourly Wage Job Classification Positions Hours Wage Scale Year 1 Year 2 Year 3 Management: 1) Site Supervisor 0 2) - 3) 4) S) Operations: 1) Drivers. . . . . . p p' t 2) Dispatchers •J -- 3) 4) Wage Scale would be the range of hourly wage or monthly salary. Average Pay is a forecase of the average wage paid that is used to develop the Budget Breakdown on Form A. — o• C; 15 KENNETH W. STOKES 390 Woodley Road . Montecito, CA. 93108 Age 43 . . . . Married . . . . 2 Children . . . . Excellent Health SANTA BARBARA TRANSPORTATION CORPORATION Santa Barbara, Ca. 1983 to Present President and Chief Executive Officer Directs the activities of a regional transportation company with 100 vehicles and 200 employees. Increased sales from $400,000 in 1983 to $3 million in 1986. In 1986, the Business Magazine of Santa Barbara County featured the company as probably the fastest growing and most successful company in the county. INFORMATION MAGNETICS CORPORATION Santa Barbara, Ca. 1980 - 1983 Director of Personnel and Facilities Reporting to the company president; served on the executive staff which set company policy and reviewed financial and operational performance. Directed the activities of the Personnel , Medical Facilities, Maintenance, and Office Services departments. The company had sales of $100 million and a workforce of 2,800 employees in Santa Barbara, Mexico and Puerto Rico. LOCKEED AIRCRAFT SERVICE COMPANY Teheran, Iran 1977 - 1979 Managed Industrial Relations, transportation, employee benefits and recreation for 1 ,700 Senior Military Advisors and dependents in an unusually challenging overseas assignment. BLUE CROSS OF SOUTHERN CALIFORNIA Los Angeles, Ca. 1974 - 1977 Managed personnel activities including employment, employee relations, employee benefits, compensation and affirmative action at an insurance company with 3,000 employees processing $2 billion in claims per year. EDUCATION CALIFORNIA POLYTECHNIC STATE UNIVERSITY Bachelors Degree in Business Administration 1968 CALIFORNIA STATE UNIVERSITY AT LONG BEACH Masters Degree in Business Administration 1972 UNIVERSITY OF SANTA BARBARA Doctorate Degree in Business Administration 1987 ORGANIZATION AFFILIATIONS SANTA BARBARA TRANSPORTATION CORPORATION Chairman of the Board of Directors 1983 to Present CALIFORNIA INDEMNITY INSURANCE COMPANY Member of the Board of Directors 1984 to Present SANTA BARBARA UNIVERSITY Chairman of the Board of Trustees 1982 - 1986 UNIVERSITY OF SANTA BARBARA Member of the Burd of Trustees 1987 to Present PEPPER HILL HOMES ASSOCIATION, MONTECITO Director, 1981 to Present; President 1983 - 1986 OPTIMIST CLUB OF GOLETA Director, 198 + to Present; President 1987 - 1988 SANTA BARBARA PERSONNEL ASSOCIATION Director, 1981 - 1983; President 1982 SANTA BARBARA EMPLOYER ADVISORY COUNCIL, EMPLOYMPNT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA Member, 1980 - 1983; Chairman 1982 - 1983 COMMITTEE ON TESTING, FAIR EMPLOYMENT PRACTICE; COMMISSION, STATE OF CALIFORNIA Member 1973 - 1977 PERSONNEL & INDUSTRIAL RELATIONS ASSOCIATION, LOS ANGELES Director, 1919 - 1977; District Chairman 1971 TOASTMASTERS CLUB OF SAN MARINO Member, 1974 - 1977; President 1976 TEACHING EXPERIENCE UNIVERSITY OF CALIFORNIA AT SANTA BARBARA Instructor 1982 - 1983 UNIVERSITY OF SAN'T'A BARBARA Professor 1987 to Present RESUME Carole J. Harrison 783 Printz Rodd Arroyo Grande, California 43420 • Home Telephone (805) 481-3779 Otfice Telephone (805) 773-5400 EMPLOYMENT HISTORY 1986 to Present SANTA BARBARA TRANSPORTATION CORPORATION Goleta, California Transit Manager/SCAT Division - Reporting to the company president , managing all operations of the South County Area Transit System. Instrumental in planning and developing all bus routes. Generating all reports, hiring, training and supervising drivers and coordinating bus maintenance. Assuring that• all fare boxes are deposited at the bank in a timely manner and that all income is properly recorded. Develop and sell advertising to local businesses and generate increased ridership through effective promotion and marketing. Represents Santa Barbara Transportation at all Board of Directors meetings. 1984 to 1986 SLO BUS COMPANY, INC. Pismo Beach, California SCAT Operator - Performed the same duties above while owning the SCAT operation, including all accounting, accounts receivable, payable and payroll . 1981 to 1084 SAN LUIS TRANSPORTATION, INC. San Luis Obispo, California Operations Manager - Reporting to the company president, served as Operations manager for SCAT, San Luis Obispo City Transit , Atascadero and North Coastal Transit . 1978 to 1981 COOS BAY SCHOOL DISTRICT Coos Bay, Oregon Supervisor, School Bus Driver Training Program - Reporting to the school busing Manager, conducted classroom instruction and behind the wheel training. 1968 to 1978 LUCIA MAR UNIFIED SCHOOL DISTRICT Arroyo Grande, California School Bus Driver - Safely picked-up and delivered school children from designated school bus stops to school and return. Participated in County and State School Bus Ro deos. Served as President of CASTO (California Association of School Transportation Officials) Chapter #9. EDUCATIONAL DATA SANTA MARIA UNION SCHOOL DISTRICT K - 12 OREGON STATE DEPARTMENT School Bus Driver Instructor Training Program 1979 SOA BARBARA TRANSPORTATION,*L:. STATEMENT OF INCOME PAGE: 1 FOR THE 4 MONTHS ENDING 4/30/88 ---- CURRENT ----- -- YEAR TO DATE -- ACTUAL PERCENT ACTUAL PERCENT REVENUE TAXI 58,587 19.3 228, 937 21 . 4 SANTA BARBARA 23, 644 7. 8 93,090 8. 8 SANTA MARIA ELEMENTARY 67, 857 22. 3 254, 240 23.8 SANTA MARIA 25, 166 8. 3 104, 898 9.8 VENTURA 14, 00 5 4. 6 34, 106 3.2 AUTOMOTIVE SERVICES 3,641 1 . 2 17, 389 1.6 SHUTTLE 18,667 6. 1 75, 518 7. 1 SCAT 16,412 5.4 65, 715 6. 1 CHARTER-KNAPP 10, 614 3. 5 42, 262 4. 0 SLO SCAT 5,608 1. 8 8, 412 0.8 VANDENBERG 24, 816 8. 2 94, 356 8.8 OTHER OPERATING INCOME 34v740 11 . 4 49, 484 4. 6 ---------- ------ ---------- ------ * TOTAL REVENUE 303, 767 100. 0 1 , 069, 304 100. 0 ---------- ------ ---------- ------ * GROSS INCOME 303, 767 100.0 1 ,i X6.3, 304 100.0 OPERATING EXPENSES SALARIES AND WAGES 105, 804 34. 5 379, 717 35.5 PAYROLL TAXES 5, 498 1 .8 37, 360 3. 5 FRINGE BENEFITS 13, 799 4.5 42, 484 4. 0 FUEL & OIL 15, 353 5. 1 33, 4b8 3. 1 EQUIP/VEHICLE LEASE 17,854 5. 9 60, oub 5. 6 VEHICLE R&M 18, 548 6. 1 42, 054 3. 9 DEPR. & AMORT. 14, 149 4. 7 49, 010 4. 6 EQUIPMENT R&M 23, 0. 0 FACILITY RENT 2, 055 0. 7 11 ,993 1. 1 FACILITY MAINTENANCE 1 ,212 0. 1 COMMUNICATIONS 6, 787 2. 2 11 ,483 1 . 1 SUPPLIES 2,813 0. 9 8,9: 1 0. 8 VEHICLE INSURANCE 18,857 6.2 77, 402 7. 2 UTILITIES 1 , 593 0.5 3, 110 0. 3 GARAGE EXPENSE 3, 746- 1 . 2- 1 , 603- 0. 1- GENERAL EXPENSE 477 o.2 311- 0. 0- INTEREST 6, 246 2. 1 27, 104 2. 5 ADVERTISING 1 , 270 0. 4 4, 552 0. 4 TAXES AND LICENSES 5, 575 1 . 8 17, 024 1 . 6 OTHER ACCRUED EXPENSES 792 0. 3 57, 149 5. 3 LEGAL EXPENSES - TAXI 74 ADMINISTRATIVE ' TRAVEL 909- 0. l- * TOTAL OPERATING EXPENSES 233, 804 77.0 861 ,519 80. 6 ---------- ------ ---------- ------ * NET OP INi_OMl= (LOSS) 69,963 23. 0 207, 785 19. 4 NON-OP INCOME OTHER INCOME 43 0. 0 1 , 034 0. 1 SANG BARBARA TRANSPORTATION, A. STATEMENT OF INCOME PAGE: 1 FOR THE 4 MONTHS ENDING 4/30/88 . ---- CURRENT ----- -- YEAR TO DATE -- ACTUAL PERCENT ACTUAL PERCENT ---------- ------ ---------- ------ TOTAL NON-OP INCOME 43 0. 0► 1 ,034 0. 1 NON-OP EXPENSE OTHER EXPENSE 30 0. 0 ---------- ------ ---------- ------ * TOTAL NON-OP EXPENSE 30 0.0 * PRE-TAX NET INCOME (LUSS) 70,006 .0 -20% 708 19.5 ---------- ------ ---------- ------ * AFTER TAX NET INC (LOSS) 70,006 13. 0 200, 700 19. 5 • SAO BARBARA TRANSPORTAfIUN, 9C. BALANCE SHEET PAGE: 1 AS OF 4/30/88 ASSETS CURRENT ASSETS CASH 28,381- INVESTMENTS 727 ACCOUNTS RECEIVABLE 529,962 REFUNDS RECEIVABLE Z1 , 325 INVENTORY 2S, 292 PREPAID EXPENSES 103,834 EMPLOYEE ADVANCES 225- LOANS TO SHAREHOLDERS 245,425 OTHER CURRENT ASSETS 3,600 --------------- TOTAL CURRENT ASSETS 904,552 FIXED ASSETS PROPERTY-PLANT-EQUIPMENT 1 , 321 , 0% ACCUMULATED DEPRECIATION 309, 433- ACCUMULATED i 9, 433- ACCUMULATED AMORTIZATION 8, 192- LONG-TERM INVESTMENTS 10,00( OTHER ASSETS 88, 404 --------------- TOTAL FIXED ASSETS 1 . 101 , 944 TOTAL ASSETS `, OoF,4j lll LIABILITIES AND CAPITAL ----------------------- CURRENT LIABILITIES ACCRUED LIABILITIES 155, 431 31 PAYROLL TAXES PAYABLE 18, 531 OTHER TAXES PAYABLE 701 NOTES PAYABLE - CURRENT 306, 114 OTHER CURRENT LIABILITIES 28, 075 --------------- TOTAL CURRENT LIABILITIES 500, 053 LONG-TERM LIABILITIES NOTES PAYABLE - LONG TERM 711 ,971 --------------- TOTAL LONG-TEEM LIABILITIES 711 ,971 CAPITAL COMMON STOCK 132, 704) RETAINED EARNINGS 444, 184 NET INCOME (LOSS) ------2 0, 708 TOTAL CAPITAL 705, 672 REFERENCES Dr. Mike Ogle-- , TRI-COUNTY REGIONAL CENTER 1-963-6717 Subscription service , advance reservation service, and immediate call-and-demand service . Mr. Randy Snook, Executive Director, County Multi Service Senior Program. 346-7330. Subscription service , advance reservation service, and immediate call-and-demand service. Mr. Jerry Boland, Executive Director, SANTA• MARIA VACATIONAL TRAINING CENTER. 922-7381. Fixed route service with frequent charges for developmentally disabled adults . Mr. Rick Stewart, Executive Director, ALPHA TRAINING CENTER, 1-964-3547. Fixed route service with frequent changes for developmentally disabled adults . Mr. Arnold Dowdy, City Administrator, City of Grover City, Administrator of SCAT and SLOSCAT, 489-4040. Fixed route service with wheelchair lift capability. Ms . Angelia Dukes , Transportation Coordinator, City of Santa Barbara, 1-063-0611. Fixed route service with . wheelchair lift capability. DATE s DRIVER: VAI4 s CLIENTS PICK—UP DESTINATION 7 Roo 30 +� o0 �1 30 o0 30 30 / 00 NOW 30 30 Oo 30 2 oa 30 00 30 b0 3D BO 30 00 30 o0 30 00 30 oo 30 � o0 ,47 30 3� NOTESs w �7 H H H O O z H q o O Pa z U) H x H x x WW a E- W U) H a W U) H a W U) E- F-4 a H a O H [� (2r-' -z4 H fX Pa z H O z H O z O q H H O q H H O q `Tio x E- U E-A UH U O C� H H z 0 w z ww H E- F-I oz > o � H co W E- E- f::) x H C� co A rz w x Czn o o C ) z 0 U) U) �:D H (� U) H X' W � U H H U H H a W z W x a Piz x CSW A Wa O H O CO HW x P, Q^ O w OH H P, c� a CO � Pa H^ Pa x U W ^ W H a�.U) W P-, Cil HP-4 W c/� z W W H0 `� xAx P, U) H � C� U) Wcn z H tZ h-IU) P� x U U COWED HHWA\ w wzCD U) `tH W U) O W U) -� C:� HU) W x >CHx Q Cil HHH W a x xH z P: F*, x U) aa aHU) 0PgU) -c� WA II U) -4 U) H HU H zH ,'-Iq a -4cl:l H — 4 W x z W c7 W a J i U) W cz cz\< U) F, P, t7 c� yi Pa C-) U ,-i U) a r1c: CH W U) pq yi PC Z H • A HHa zAE-+ -c� H C\1 W -::� ;> Z UH W x aU) ya � axWU) O �nW\rl x0 ? 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H � 02: >-+ 11-4 U) x c� x C 7 �, o w a `� \ o c) �::DxCnaF: U z U) WU) w wAHao x ►-+ awxU) H C-) W z U) U) a-, w HArzrzxu) Aaczwo�,+ -4 U O W aH O W H x I-i U) CO0P, oz: x HHO Pa \W W ;4aU HE-i �, a yi z a � z W wzrDH U y- � Hw U) COU) HH � (x, WZU) W Wr-13U) H x rz z P: rZHU) W I Ua ,-IW, CE: � x ;� P.\ H z � wPQU) W G U) -c Pa :� wP, 0 Hwc) 0woWcnH\U)6 U)a Ha x WHHW F LSH t� r4a0 r� W U) aHO > PCHA xE-40:: H Z w ¢ 00 U) E-4 U w AU) aZ a -::I: W [-+ O Dz04 xxHW < zaU) �cwA a w (D wx � xxHw _ 4 � � L4UQ �xH � Qwww owammw H � Hw H 0U41 < , ffa w x a " E- E-4 z w CT U) ,-- cit W C\i M-t ul H ,- C' Lf,.o Cp CTO T- T-- r-.- T- .-� • f t TRANSIT, INC. a I City of Atascadero . REQUEST FOR PROPOSAL Form A (Page 1 of 2) PROPOSED BUDGET BREAKDOWN Budget_El e--ents Year One Year Two Year Three Labor: Management Labor $ 16 , 328 $ 17 , 06 3 $17 , 831 Management Benefits & taxes 4 , 088 4 , 301 4 , 529 Office/Clerical Labor Office/Clerical Benefits Operator Labor 4 AiY R 0 0 48 , 90 51 , 107 Operator Benefit & taxes 1 2 , 1 31 12 . 75 13 , 415 Administration Labor 19 , 558 20 , 438 21 , 358 Admini Fr,--..,nn Benefit 5, 664 5 . 96 6 , 287 Subtotal $ 1 04_, 569 $109 . 4 7 $114 527 Expenses: Non-Vehicle Insurance $ * $ * $ Telephon: = 1, 200 1 , 26 1 , 323 Office Su?plies 360 37 397 Training and Recruitment 2 , 000 1 . 050 1 , 103 Unifcr-:s 600 630 662 Ph. .. -- 300 315 331 Other. (r'iease Specify) Contract Fee �/ 30 . 328 31 , 587 33 , 102 SubtotL'_ $ 34 , 788 $_3 5,2 2 0 $ 36 , 924 Total Budget $_L11,25 9 $144 . 649 $151 , 451 1I� * Included in Contract Fee. i �1 0 1 REQUEST FOR PROPOSALS Form A (Page 2 of 2) 3 - Based on the above budget figures and based on an estimate of 7800 vehicle service hours indicate below: t MP Monthly Fee for Fixed Costs $ 2899 $ 2935 $ 3077 , � Hourly Rate for Variable Costs $ 13 . 41 $ 14 . 03 $ . 14 . 68 j The above budget breakdown and the other attached proposed materials represents an offer to do work as described in this proposal. It is understood that this offer shall remain in effect until , 1988 unless withdrawn pursuant to the conditions of the subject RFP. Signature: (Authorizea��s onwith Legal Authority to Bond Proposer) Signer's Name and Title WILLIAM JOHNSON, VICE PRESIDENT Date Signed: City of Atascadero REQUEST FOR PROPOSALS Form B PROPOSED STAFFING PLAN Number of Number of Average Hourly Wage Job Classification Positions Hours Wage Scale Year 1 Year 2 ,;Year 3 Management: 1) Site Supervisor 12080 7 - RC; i; 's 2) 3) 4) S) Operations: 1) Drivers R n n nn nn 9-7 2) Dispatchers 2 2787 7 . 00 7 . 00 7. 32 7. 6 4) - Waoe Scale would o o be the range of hourly wage or monthly salary. Average Pay is a forecase of the average wage paid that is used to develop the Budget Breakdown on Form A. V 1 - - • � � it t t t 41.. I r ,r i tr t r1 � htiit , PROPOSAL TO MANAGE AND OPERATE THE CITY OF ATASCADERO r, �; fit'';E }1��� s�; qt SYSTEM DIAL—A—RIDE � r a I f. alar- 7 • ' : .1 ' I i t i•% lilt. k !l 1 1 t r a t 1?:jgia COMMUNITY TRANSIT SERVICES, INC �= t f,l7' 1 1 City of Atascadero REQUEST FOR PR370SAL Form n (Pa-e 1 o� 2) I PROPOSED BUDGET FP_ "u:DG:dN Budget Elements - LL-a_r One Year Two Year Three Labor: Management Labor $ 20,100 $ 20,904 Management Benefits '- - - $ 21,740 5,025 5,226 5,435 Office/Clerical Labor 172563 18,266 18,997 Office/Clerical Benefits 3,864 4,019 4, 180 Operator Labor Operator Benefit 45, 178 46,985 48,364 7,048 7,330 Administration Labor 6,777 ,417 _1 11„480 11,939 2 Administration Benefit _ 2,870 2,939 2, 104 Subtotal $ 11 _2,857 $ 117,372 $ 122_,067 Expenses: � ! i Non-Vehicle Insurancel) Telephones 11,914 $ 12,391 $ 12,837 - 30ffice Supplies _ 750 780 811 900 9 Training and Recruitment 2) 973 900 936 260 S Uniforms 270 Physicals 175 182 189 c 300 312 324 i Other (Please Specify) r .Corporate Overhead - G&A 14,349 --1-4,923 15,520 Travel & Petty Cash ? .00O 080 2,163 to Contract Fee ' Subtotal S 30,638 $ 31,864 $ 33, 137 Total Budget 4 143,495 $ 149,236 $ 155,204 i i i I i 1) Non-vehicle insurance is included in Corporate Overhead - G&A. This figure represents vehicle insurance for the Dial-A-Ride based on a fleet of 5. 2) Expenses listed for recruitment only. Training expenses are included in cost of direct labor. • �i I , • � j REQUEST 707, P , Form Based on the above budget figures and based on an estimate of 7800 vehicle service hours indicate below: Monthly Fee for Fi::ed Costs A) 82061.333 $_8,383.786 $ 8,719. 136 Hourly Rate for Variable Costs Y 5.995 $ 6.235 $ 6 484 The above budget breakdoim and the ntY1er at--.-c'-ed -proposed materials represents an offer to do work as described in this ~o n ;al. It is understood that this offer shall remain in effect until October 15 , 1988 unless withdrac:-n pursuant to the conditions of the subject RFP. Signature: 7�L (Authoriz i P, rrOII -,—J. L.1 ILe7: 1 ..._ :aOI"lty to 3ond Propos ) Si-bner's Name and Title James L. Pierson, Pr sident Date Signed: July 14 1988 A) This rate includes vehicle insurance. The monthly vehicle insurance expense is approximately $992.833 for Year 1: $1,032.583 for Year 2• and $1,073.917 for Year 3. City of .'Itasca{':( : ^ • REQUEST 7-0a T- OrO ..'.DS For M _.._ PROPOSED Number of Number of average Hourly [loge Job Classification Positions hours Idr:Re Scale Year 1 Year 2 Year 3 Management: _ 1) Site Supervisor 1 2,000 $17,500 $ 8.75 $9. 10 $9.46 2) District Manager 1 200 2,600 13.00 13.52 14.06 3) 4) 5) Operations: 1) Drivers 10 8,503 A 5.42 5.61, 5.87 2) Dispatchers 3 2,796 B 5.50 5.72 5.95 3) . 4) Wage Scale would be the range of hourly ,:,age or o,;th1,: salary. Average Pay is a forecase of the average wage pa _d that is used to develop the Budget Breakdown on Form A. A - The wage range .for vehicle operators driving the first year is $4.75 to >6.75 per hour depending on the seniority of each individual with CTS. B - The wage range for control room personnel is $5.00 to $7.50 per hour depending on the seniority of each individual with CTS. 3-7 AGEND MT SAT /i rrEM it ,�, � MEMORANDUM To: Honorable Mayor and City Council From: Paul M. Sensibaugh, Director of Public Works/City Engineer 4�*5 Acting City Manager Subject : Caltrans Request For Right-of-Way, Barranco Rd. Exten. Date : August 16, 1988 Recommendation: Staff recommends that Council direct staff to route the right- of—way request to the Planning Commission prior to approving the attached agreement . Background: Caltrans is in the process of acquiring the necessary right-of- way to relocate the three bridges along Morro Rd. (Hgwy. 41) between • Old Morro Rd. East and Old Morro Rd. West . Due to a realignment in the vicinity of Barranco Rd. ( if extended easterly) additional right- of-way is required from the Creek Reservation owned by the City along Atascadero Creek near Carmelita. Discussion: Staff has negotiated with the State to provide a street access and physical approach onto Hgwy. in direct alignment with Barranco Rd. This location, which is south of (toward Morro Bay) the infamous illegal crossing, will give adequate sight distance in both the north and south directions . This approach would become the responsibility of the City in the future but would allow a second entrance to the 3-F Meadows area . This project will not give immediate safe public access to Carmelita since a creek crossing is necessary. That crossing could possibly be a part of the assessment district now being discussed in the 3-F Meadows area with or without City participation. The matter of the additional right-of-way should first go to the Planning Commission since the City has not adopted an ordinance which allows re-alignments without hoops . • ! ! Fiscal Impact : The land is basically unuseable except for the future trailways discussed in the general plan, which can still occur since the R/W will not encroach into the creekway itself . The right to have an access onto Hgwy. 41 at this location coupled with the physical placement of the same by Caltrans appears to be an equitable trade for the City. F 60VT C40e - 13A"WO shall run from the date of the action by the council. (Added by Stats. 1984, Ch. 1009.) Article 7. Administration of General Plan Implementation of plan 65400. Af ter the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: Reccmaendations (a) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. ( b ) Provide an annual report to the legislative body on the status of the plan and progress in its implementation. (Amended by Stats. 1984, Ch. 1009.) Review of public works 65401. If a general plan or part thereof has projects for confor- been adopted, within such time as may be fixed by • mity with plan the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works rernmmpnded for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list o proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. CYi. Restrictions on acqui 65402. (a) If a general p an or part thI sition and disposal has been adopted , no real property sha of real property acquired by dedication or otherwise for st square, park or other public purposes, areal property shall be disposed of, no sshall be vacated or abandoned, and no p 54 building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of-- time as may be designated by the legislative body. If the legislative body so provides , by ordinance or resolution, the provisions of this subdivision shall not apply to: ( 1 ) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or ( 3 ) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment o'ects are of a minor nature. coun s a acquire real property for any of the purposes specified in paragraph (a) , nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph ( a) , nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or 55 California District Co . Rte . P.M E.A. ; 5 SLO 41 12 . 9/ 258909 ; 19 13 . 4 ; Grantor RIGHT OF WAY CONTRACT--STATE HIGHWAY Document No. 4629-1 ( 4630-1 ) in the form of a Grant Deed covering the property particularly described in the above instrument has been executed and delivered to John W. Maddux, Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1 . The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2 . The State shall : (A) Accept delivery of property or interest conveyed by above document( s) and record same when title can be vested in the State free and clear of all liens, encumbrances , assessments , easements and leases (recorded) , and taxes, except: a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants , conditions, restrictions and reservations of record, or contained in the above referenced document. C . Easements or rights of way over said land for public or quasi-public utility or public street purposes, if (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. 0 1 3 . It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on September 1 , 1988 , or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2 (A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 4 . Grantor( s ) warrant(s ) there are no oral or written leases on all or any portion of .the property exceeding a period of one month, and the grantor(s) further agree( s ) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor( s) for a period exceeding one month. 5 . The undersigned grantor( s) hereby agree(s ) and consent( s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive( s ) any and all claims to any money that may now be on deposit in said action. 6 . At no expense to the grantor(s ) and at the time of highway construction, construct a road approach right of Engineer' s Station 710+. Upon completion of construction of said road approach it will be considered as an encroachment under permit on the State highway and is to be maintained, repaired and operated as such by grantor( s ) in accordance with and subject to the laws of the State of California and the rules and regulations of the Department of Transportation of said State. 0 7 . Permission is hereby granted to State or its authorized agent to enter the Cities land, where necessary, to construct road approach as described in Clause of this contract. I/we understand and agree that after completion of the work described in Clause 7 , said facility will be considered as the sole property of the City and I/we will be responsible for its/their maintenance and repair. 8. It is understood and agreed that the property conveyed by document No. 4629-1 (4630-1 ) is being donated to the State by the undersigned grantor. Grantor, having initiated this donation, has been informed of the right to compensation for the property donated and hereby waives such right to compensation. Part of Document No. 4629-1 -2- ( 4630-1 ) s IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. • )� Sign here v4*--TaRly ❑ Initial here ❑ Notarize here ❑ ......................................................... .......................................... O 1984 EXCELSIOR-LEGAL,INC. NO.5007 RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA TRANSPORTATION AGENCY Department of Transportation By John W. Maddux Right of Way Agent By Frank M. Lentz Deputy District Director Right of Way By Richard L. Bryan, Chief Acquisition Services NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Part of Document No. 4629-1 -3- (4630-1 ) California District Co. Rte. P.M E.A. ; 5 SLO 41 12 . 9/ 258909 ' 19 13 . 4 Grantor RIGHT OF WAY CONTRACT--STATE HIGHWAY Document No. 4629-1 ( 4630-1 ) in the form of a Grant Deed covering the property particularly described in the above instrument has been executed and delivered to John W. Maddux, Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows : 1 . The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Accept delivery of property or interest conveyed by above document(s) and record same when title can be vested in the State free and clear of all liens, encumbrances, assessments , easements and leases (recorded) , and taxes, except: a. Taxes for the tax year in' which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants , conditions, restrictions and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. 3 . It is agreed and Affirmed by the parties her* that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements , shall commence on September 1 , 1988, or the • close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes , but is not limited to, full payment for such possession and use, including damages , if any, from said date. 4 . Grantor( s ) warrant(s) there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor( s) further agree( s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor( s ) for a period exceeding one month. 5 . The undersigned grantor(s ) hereby agree(s ) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive( s) any and all claims to any money that may now be on deposit in said action. 6 . At no expense to the grantor(s) and at the time of highway construction, construct a road approach right of Engineer' s Station 710+. Upon completion of construction of said road approach it will be considered as an encroachment under permit on the State highway and is to be maintained, repaired and operated as such by grantor( s ) in accordance with and subject to the laws of the State of California and the rules and regulations of the Department of Transportation of said State. � 7 . Permission is hereby granted to State or its authorized agent to enter the Cities land, where necessary, to construct road approach as described in Clause Z of this contract. I/we understand and agree that after completion of the work described in Clause 7 , said facility will be considered as the sole property of the City and I/we will be responsible for its/their maintenance and repair. 8. It is understood and agreed that the property conveyed by document No. 4629-1 ( 4630-1 ) is being donated to the State by the undersigned grantor. Grantor, having initiated this donation, has been informed of the right to compensation for the property donated and hereby waives such right to compensation. Part of Document No. 4629-1 -2- ( 4630-1 ). IN WITNESS WHEREOF, A parties have executed year first above written. Sign here Initial here ❑ Notarize here ❑ ............................................................. Q 1984 EXCELSIOR-LEGAL,INC. NO.5007 Grantor RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA TRANSPORTATION AGENCY Department of Transportation By John W. Maddux Right of Way Agent By Frank M. Lentz Deputy District Director Right of Way By Richard L. Bryan, Chief Acquisition Services NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Part of Document No. 4629-1 -3- (4630-1 ) i SPACE ABOVE THIS LINE FOR RECORDER'S USE DISTRICT COUNTY ROUTE POST MILE NUMBER GRANT DEED 4629-1 (CORPORATION) 5 SLO 41 13.4 (4630-1) a corporation organized and existing under and by virtue of the laws of the State of does hereby GRANT to the STATE OF CALIFORNIA all that real property in the City of Atascadero County of _ San Luis Obispo State of California, described as: That part of Lot 8 in Block 39 and of Atascadero Creek Reservation No . 10 shown on the maps of Atascadero Colony filed in Map Book AC3 at Sheets No. 41 and No . 53 in the office of the County Recorder of said county, described as follo:as : Beginning at a point on the northwesterly line of State Highway 41 at the southwesterly terminus of course 3 described in the deed from the State of California to the County of San Luis Obispo recorded February 10 , 1971 in Volume 1604 page 616 of Official Records of said county • thence (1) , N. 34b 41' 45" E. , 273 . 23 feet ; tdhence (2) , N. 436 35 ' 27" E. , 130 .92 feet ; thence 3 N. " n o b ( ) , �y. 50 42 05 L . , 153.04 feet ; thence (4) , N. 53 14 ' 27" E. , 293 .83 feet ; thence (5) , N. 72° 08 ' 03" E. , 76 . 39 feet to said highway line at the north corner of the 615.98-foot segment of the right of way described in the deed from said county to the State , recorded June 30, 1937 in Volume 217 , page 402 of Official Records of said county ; thence (6) southwesterly, along said highway line , to the point of beginning. Together with the underlying fee interest appurtenant to said Reservation No. 10, in and to said State highway.. FORM RW 02-3 (REV. 12-82) 7osP • • The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highwa• Sign here IN WITNESS WHEREOF,said corporation has Caused its< ❑ Initial here -porate seal to be affixed hereto, this day of ❑ Notarize here _...._._..............._....__................_.... By r—President Q 1964 EXCELSIOR-LEGAL,INC. NO.5007 By L Secretary FC01RPORATR WAY] STATE OF CALIFORNIA ❑ Sign here Countv of ❑ Initial here Notarize here On before me, tlrand State, personally appeared ...fi .rUI'�✓..... ....... ... ❑ personally known to me, ❑ proved to me on the basis of satisfactory evidence, to be the person_Who executed the within instrument as the_ Q 198+EXCELSIOR-LEGAL,INC. NO.5007 dent and Secretary, respectively,of and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. (for notary seal or stamp) Signature Notary Public in and for said Count and State (CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 27281) THIS Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of Transportation, hereby accepts for public purposes the real property, or interest therein, conveyed by the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto Set my hand this - day of 119 Director of TraosImrtation By Attorney io Fact California District Co . Rte. P.M E.A. ; 5 SLO 41 12 . 9/ 258909 ; 19 13 . 4 ; Grantor RIGHT OF WAY CONTRACT--STATE HIGHWAY Document No. 4629-1 ( 4630-1 ) in the form of a Grant Deed covering the property particularly described in the above instrument has been executed and delivered to John W. Maddux, Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows : 1 . The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: • (A) Accept delivery of property or interest conveyed by above document( s ) and record same when title can be vested in the State free and clear of all liens, encumbrances , assessments , easements and leases (recorded) , and taxes, except: a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions , restrictions and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. 3 . It is agreed and afirmed by the parties he 4o that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements , shall commence on September 1 , 1988 , or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 4 . Grantor( s) warrant( s ) there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor( s) for a period exceeding one month. 5 . The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive( s) any and all claims to any money that may now be on deposit in said action. 6 . At no expense to the grantor(s ) and at the time of highway construction, construct a road approach right of Engineer's Station 710+ . Upon completion of construction of said road approach it will be considered as an encroachment under permit on the State highway and is to be maintained, repaired and operated as such by grantor(s) in accordance with and subject to the laws of the State of California and the rules and regulations of the Department of Transportation of said State. 7 . Permission is hereby granted to State or its authorized agent to enter, the Cities land, where necessary, to construct road approach as described in Clause 6 of this contract. I/we understand and agree that after completion of the work described in Clause 7 , said facility will be considered as the sole property of the City and I/we will be responsible for its/their maintenance and repair. 8. It is understood and agreed that the property conveyed by document No. 4629-1 ( 4630-1 ) is being donated to the State .by the undersigned grantor. Grantor, having initiated this donation, has been informed of the right to compensation for the property donated and hereby waives such right to compensation. Part of Document No. 4629-1 -2- ( 4630-1 ). t IN WITNESS WHEREOF, th(Pparties have executed thiwgreement the day and year first above written. • Grantor RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA TRANSPORTATION AGENCY Department of Transportation By John W. Maddux Right of Way Agent By Frank M. Lentz Deputy District Director Right of Way By Richard L. Bryan, Chief Acquisition Services • NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Part of Document No. 4629-1 -3- (4630-1 ) SPACE ABOVE THIS LINE FOR RECORDER'S USE DISTRICT COUNTY ROUTE POST MILE NUMBER GRANT DEED (CORPORATION) 5 SLO 41 13.4 4629-1 (4630-1) a corporation organized and existing under and b virtue of the laws of the State of • P g g Y does hereby GRANT to the STATE OF CALIFORNIA all that real property in the City of Atascadero County of San Luis Obispo State of California,described as: That part of Lot 8 in Block 39 and of Atascadero, Creek Reservation No . 10 shown on the maps of Atascadero Colony filed in Map Book AC3 at Sheets No. 41 and No. 53 in the office of the County Recorder of said county, described as follows : Beginning at a point on the northwesterly line of State Highway 41 at the southwesterly terminus of course 3 described in the deed from the State of California to the County of San Luis Obispo recorded February 10 , 1971 in Volume 16046 page 616 of Official Records of said county • thence (1) , N. 34 41' 45" E. , 273 . 23 feet ; hence (2) , N. 436 35' 27" E. , 130 .92 feet; thebnce (3) , N. 50 42' 05" E. , 153.04 feet ; thence (4) , N. 53 14 ' 27" E. , 293 .83 feet ; thence (5) , N. 72o 08' 03" E. , 76 .39 feet -to said highway line at the north corner of the 615.98-foot segment of the right of way described in the deed from said county to the State , recorded June 30, 1937 in Volume 217, page 402 of Official Records of said county; thence (6) southwesterly, along said highway line, to the point of beginning. Together with the underlying fee interest appurtenant to said Reservation No. 10 , in and to said State highway. FORM RW 02-3 (REV. 12-82) (D OSP 0 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF,said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of 119- By 19 .By President By Secretary [CORPORATE SEAL] STATE OF CALIFORNIA = County of ss. On before me, the undersigned Notary Public in and for said County and State, personally appeared ❑ personally known to me, ❑ proved to me on the basis of satisfactory evidence, to be the person_who executed the within instrument as the President and Secretary, respectively,of and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. (for notary seal or stamp) Signature Notary Public in and for said County and State (CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 27281) THIS Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of Transportation, hereby accepts for public purposes the real property,or interest therein, conveyed by the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of ' 19 Director of Transportation By Attorney in Fact . N = � ( I I 1 PbA _� •y6 J3oC66 <�<r f �• O �Os0 Q�O� � I S na U-- P.' 0u� O l ¢ .vi rl mo m m IJBI -i • ~ .�- f cz 1 t: I 'CO c Q C m TI N � � O]� II W Or I 1(1 N p o.4' 1 W o v....i, �. W m I o O V I m ° 1 z m w o v W.. O U ti v ¢z o Q, J c 0 O ` Q v u� 4 W 0-� _-fir M.b0.6b.Ob N__ U _ I ;../ ,L - Q m z z ^ ': o Gf'BI!M.CS.Sb.Ob p Fl Q w ~ QPo ao ^ n b w i 0 4 a w W a 6�cM Vp" w w f m } W ¢ o N o e Y r m a OJ ¢' W n Cr mm 2 P Z U \ �3 a N z �¢ I— o w O . C -mayy W -- 1 N \ F fl — 0 W Q v �—Mltl uo IoN \ n .B'1 b'861E -i�1• aaddv ¢ N G \\1 I O St. 2 .6'16 ° n m LG. mN Je a a. COa a y o .L'OG wJ O 4'nb n ~z 6 Lu N X11 • ) � c n p ,n F_mPPnP z \ i Ob .' ... • _� ,`\1 1 � � iOl.N"11 a r�i 1 -', �- L r 1 ov�nNon - 2 • J ' w d m .O I sN a " r O P noo Nn � 2 I 566a 41' \/NO r Ji nN m O°'.o sc000vo om >J i O m Om ! A W Q mm I iO o io io a- O 6g Q v L n w o z w Je OJ µe Q.n 0.1\ o O z 3 m Q 0 of o_N I P o 6M, in N m__ N m• Ll o > "cr- O w cL o j I M _ 1 � � .o�°om� o � `��;� z •l.�� W/ MSU ui on Ja 1 ,�1,� � _. .y�" -'3 N 1—__`•_. �v 899 .���� ��V�Q`- m Y� .'f "� 4 . a� ; <.-��* ��'- o v ` ���' Imo- /�•�- � � I I � � 4 ( OU l• M 1, OO �OV �' f6o 029 \ 1 t mJ '_ �m. �.- 3•B .a��bJ.e" a \ W Pi <. 'b.} (`^r ww q� C2� - •�r2 Op d � � � "1 I� I I 1 I 1 3 _ N na off m � w�• U s u I i I <A -o S p FOV 1 6 B y • OPp �..�m .� p �� o NlEETI 11GENi !,,_, DAT ITEM Ma. MEMORANDUM To: Honorable Mayor and City Council From: Paul M. Sensibaugh, Director of Public Works/City Engineer 14*5 Acting City Manager Subject : Wastewater Division Ordinance/Repeal of ACSD Ordinance Date : August 16, 1988 Recommendation: Staff recommend that Council adopt the attached ordinance . Background: Due to the necessity of the dissolution of the Atascadero County Sanitation District (a political boundary) it is necessary to conduct business under the auspicies of the City in the same manner as other departments . This requires the restructuring of the • sanitation ordinance . Discussion: There are no major changes included in the new ordinance . The fees will be adopted by resolution instead of by ordinance and the department will continue to operate as an enterprise fund in the budget process . Since the ordinance is not effective for 30 days after adoption, the dissolution negotiation time period will lapse and the County will have to begin that process again. It is expected that the effective date of the ordinance and the recordation of the dissolution will coincide . The dissolution resolution will be placed before Council approximately 30 days after the second reading of the above ordinance-October 11 . Fiscal Impact : There will be -no fiscal impact due to the restructuring of the ordinance . DAT % J ..f MEMORANDUM TO: City Council FROM: Paul M. Sensibaugh, Acting City Manager Director of Public Works City Engineer SUBJECT : Resolution Setting Sewer Charges DATE: , August 16 , 1988 Recommendation : Staff recommends that Council adopt the attached resolution setting the monthly sewer charges . Background: Upon dissolution of the Atascadero County Sanitation District a new Ordinance was prepared putting the Department of Public Works in charge of the Wastewater Division . Previously , the monthly rates were addressed in the ACSD Ordinance. This was due to regulations that require charges levied by a District to be enacted by Ordinance . Setting the rates separately from the Ordinance and in Resolution form will simplify rate adjustments in the future , Fiscal Impact : There will be no fiscal im- act at this time as we are not proposing rate adjustments , RESOLUTION NO. 90-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SETTING SERVICE CHARGES FOR THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, Section 11 .1 of the Wastewater Division Ordinance imposes a monthly sewer service charge for all premises connected to the public sewer system, or to which connection is available; and WHEREAS, The Public Works Department has 'analyzed the cost of treatment of effluent from each category and has set the service rate as appropriate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to establish the following service charge schedule : a) Single Family Residential Unit $10 .54 b) Apartment Buildings (per dwelling unit) 9 . 86 c) Mobile Home Spaces (per square) 8 .24 d) Hotel/Motel (per dwelling unit) 2 . 62 e) Rest Homes/Hospitals (per bed) 3 .50 f) Commercial Unit 3 .23 g) Office Buildings (per office unit) 3 .21 h) Restaurants 40 seats or less 74 .58 41 - 60 seats 109. 35 61 100 seats 144 . 12 More than 100 seats 178 . 89 i) Churches/Meeting Halls Less than 150 seats 15 . 00 150 - 250 seats 25 . 00 Over 250 seats 35 . 00 j) Schools (per student average daily attendance as of March 31 preceeding each fiscal year) 0. 085 k) Service Stations 23 .28 1) Laundry/Laundromat 145 . 85 m) Dry-Cleaners :basic commercial rate 3 .23 plus per washing machine 4 . 88 n) Car Wash 78 . 18 o) Fire+ Station 99.26 P) Warehouses/Storage Facilities 17 . 09 q) Theater 44 .42 r) Any Occupied Premises not Connected to an Available Sewer 7 . 00 s) Truck Disposal of Sanitary Waste Per Standard Residential size truck 20. 00 • NOW, THERFORE, the Council of the City of Atascadero does further resolve that this Resolution shall take effect immediately . On motion of Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety by the following role call vote : AYES: NOES : - ABSENT : ADOPTED ATTEST: BOYD C . SHARITZ, City Clerk BONITA BORGESON, Mayor • APPROVED AS TO FORM: APPROVED AS TO CONTENT : JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir , of Public Works City Engineer •