The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 08/09/1988 CINDY WILKINS DEPUTY CITY CLERK NOTE : THERE WILL BE A SPECIAL COUNCIL OPEN SESSION AT 7 :15 P.M. FOR THE PURPOSE OF TRAFFIC COMMITTEE INTERVIEWS A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM AUGUST 9, 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: A. Traffic Committee Appointments B. Presentation of Recognition Plaques to Departing Planning Commissioners & Park and Recreation Commission Members 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 A. Replacement Tree Account COMMUNITY FORUM: ** Report by City Attorney on Council Chamber Conduct (Approximate Time - 7 : 55 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: 10 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 July 28, 1988 Regular Council Minutes 2 . Approval of Tentative Parcel Map 13-88 - Subdivision of Three (3) Existing Lots totaling 1 .47 Acres of Vacant Commercial Property into Four (4 ) Parcels containing .32, .34 , . 52, and . 23 Acres Each & Precise Plan 20-88 for a 13,480 Square Foot Commercial Complex Containing Four Buildings 6325 Tecorida - Hempenius Family Trust/ Grinnell 3 . Approval of Tentative Parcel Map 14-88 - Subdivision of Two • ( 2) Lots totaling 5 . 68 Acres into Three (3) Parcels of 2 . 28, 1 . 5 and 1 .9 Acres Each - 5050 Portola - Davin/ Cuesta Engineering 2 4 . Approval of Tentative Parcel Map 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 Construction Board of Appeals Members 6 . Authorization to Solicit Bids for 1988/89 Road Resurfacing Program B. HEARINGS/APPEARANCES/REPORTS: 1 . (Approximate Time - 8 : 15 P.M. ) Resolution 86-88 - Notice of Council' s Intent to Vacate a Portion of San Benito Road, Between E1 Camino Real and Highway 101 - Frederick/Sawyer (Recommended Public Hearing be Set for August 23 , 1988) . (Approximate Time - 8: 20 P.M. ) 2 . Tree Removal Request —5220 Aguilla Road - Hicks A. Public Hearing B. Council Action C. UNFINISHED BUSINESS: (Approximate Time - 8 :40 P .M. ) 1 . Ordinance 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 Acres into Six (6) Lots from 7 , 260 to 9, 132 Square Feet, Creating a New Open Space of 5 . 18 Acres and Abandon a Portion of Vista Bonita Road SECOND & FINAL READING (Cont'd from 7/26 & 7/12/88) (Zone Change 15-87 - 9240 Vista Bonita Road - Yeomans/ Frederick) (Approximate Time - 8 :45 P .M. ) 2 . Traffic Way Surplus Property - Authorize Execution of Contract of Sale to William Carroll (Approximate Time - 8:50 P.M. ) 3 . Proposed Employment Contract for Raymond Windsor - City Manager Position 3 i i (Approximate Time - 8 : 55 P.M. ) 4 . Resolution 85-88 - Ratifying Final General Fund Budget Expenditures for Fiscal Year 1987/88 D. NEW BUSINESS: (Approximate Time - 9:00 P.M. ) 1 . Proposed Fiscal Year 1988/89 San Luis Obispo Area Coordinating Council Joint Powers Agreement (Approximate Time - 9 : 10 P.M. ) 2 . Request by Ranelletti Development for Short Term Bond for Bridge Development Fee for Virginia Plaza - 5735 E1 Camino Real (Approximate Time - 9 : 20 P.M. ) 3 . Designation of Acting City Manager for Period from August 16 September 9, 1988 - Verbal E . SANITATION DISTRICT (Approximate Time - 9 : 25 P .M. ) 1 . Proposed Staff Initiated Change Order - $57 ,480 - Bordeaux House Project F. INDIVIDUAL DETERMINATION: (Approximate Time - 9 : 30 P .M. ) 1 . City Council 2 . City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager 4 TRAFFIC C0YjJjTTEE ATTACHMENT =4'%_' J U L 1988 CAD ATASCADERO CITY CLERK APPLICATION CITY OF ATASCADERO TRAFFIC COMMITTEE MEMBER NAME: ADDRESS 0c26-\�N/hrcRq /�vFati �1 L C (residence )~ (mailing) TELEPHONE NO: OCCUPATION: PLEASE GIVE A SUMMARY OF YOUR EDUCATION, EXPERIENCE, AND/OR REASONS FOR WISHING TO SERVE ON THE ATASCADERO TRAFFIC COMMITTEE: u//Vic_ lc(!Cg Te C ,,& E (lL�L Y�Y7 / a /TY------------------i------------------------------------ ----------------------------------------------------- ;f --------------------------------------- -------------------- 4 � ---------------------------------------------------------- ----- ---------------------------------------- ..ti, •h • ------------------------------------------------------------ -- .T I HEREBY CERTIFY THAT THE FOREGOING IS CORRECT, AND THAT I AM A REGISTE V ER N THE CITY OF ATASCADERO (N A h1 E )------------------ --- ✓F/ V( DATE) _ ---r.,n �„+ R MEUTi fi$ AGENDt I DAT 11SS� 1TEM, ,_../- ATASCADERO CITY COUNCIL MINUTES JULY 260 1988 The regular meeting of the Atascadero City Council was called to order at 7:35 p .m. , followed by the Pledge of Allegiance. ROLL CALL All Present : Councilmembers Dexter , Lilley, Mackey, Shiers and Mayor Borgeson Staff Present : Bill Hanley, Int . City Mgr . ; Jeff Jorgensen, City Atty. ; Henry Engen, Commun. Devel . Dir . ; Paul Sensibaugh , Pub . Works Dir . ; Bud McHale, Police Chief ; David Jorgensen, Admin. Svcs. Dir . ; Mike Hicks, Fire Chief; Boyd Sharitz , City Clerk ; Cindy Wilkins, Dep . City Clerk • COUNCIL COMMENT Mayor Borgeson announced that Council met in closed session prior to the meeting for discussion of labor negotiations. Also announced that Res. 76-88, regarding employment contract for new City Manager , Ray Windsor , will be on the August 9th agenda. Mayor Borgeson announced the appointment of (5) new Planning Com- missioners, following interviews and selection on July 21st (new members to be sworn in at the next meeting of the Planning Com- mission) : Motion: By Councilwoman Mackey to adopt Res. 64-88, ap- pointing Dennis Lochridge, George Luna, George Highland and Ken Waage to four-year terms, and Geraldine Brasher for the balance of the unex- pired term on the Planning Commission, seconded by Councilman Lilley; passed unanimously by roll- call . Councilwoman Mackey reported her recent attendance to a two-day downtown revitalization meeting in Sacramento . Councilman Lilley extended thanks to the outgoing Planning Com • missioners. 1 COMMITTEE REPORTS Solid Waste Mgmt. Committee Councilwoman Mackey reported on attending a household hazardous waste meeting , where it was suggested that efforts be made to have a County-wide household hazardous waste clean-up within the next year . Police Facility Committee - City Atty. Jeff Jorgensen reported that escrow on the Beno ' s property is due to close tomorrow. Pavilion Committee — Councilman Lilley reported he, Henry Engen, Bill Hanley, Councilman Shiers and Bob Best met and are in the process of formally requesting the cost for demolition of the Pavilion Building , with or without the salvage of the floor . An outline of proposed future uses of the site has been distributed to Council for review; it was suggested that a public hearing regarding potential uses be held sometime in Sept . Bicentennial Committee - Councilwoman Mackey reported that this committee is to meet tomorrow. PUBLIC COMMENT Sarah Gronstrand , resident , invited Council to join her in recog- nizing the APD and Chief McHale for their extensive, successful work on the Rainwater Case. Neil New, resident , submitted a, petition bearing 60+ signatures requesting correction of current odor-causing conditions at the wastewater treatment plant . Leonard Brazzi , resident and local contractor , requested that consideration be given to the City insuring the contractor during the possible demolition of the Pavilion Bldg. Mr . Hanley, City Mgr . , clarified that the insurance element will be considered when official bids on the project are called for . George Highland , resident , requested removal of the portion of the meeting rules on the agenda reading , "No person shall be permitted to make slanderous. . . .remarks against any Council Member or staff" , expressing he feels this violates freedom of speech and that Council will ultimately be challenged . Mr . Jorgensen, City Atty. , was requested by Mayor Borgeson to prepare a legal opinion on the subject . A. CONSENT CALENDAR 1 . Approval of the June 28, 1988 Regular Council Minutes 2. Approval of the June, 1988 Finance Dept. Report 3. Approval of the June, 1988 Treasurer 's Report 2 i 4. Approval of the following resolutions authorizing 1988/89 annual assessment charges for street maintenance districts: a. Res. 56-88 - Lobos Ave. b. Res. 57-88 - Sonora/Pinal C. Res. 58-88 - Malaza Ave. d. Res. 59-88 - San Fernando Rd. e. Res. 60-88 - Falda Ave. f. Res. 61-BB - Pinal/Escarpa g. Res. 62-88 - Aguila Ave. h. Res. 63-88 - Cayucos Ave. i . Res. 78-BB - Cayucos Ave. (final construction assess. ) 5. Acceptance of Final Parcel Map 36-87 - 8197 Coromar Rd.- Lopus 6. Acceptance of Final Tract Map 45-87 - 8300 El Camino Real- Sanders Construction Councilwoman Mackey requested Item A-6 be pulled for discussion. Motion: By Councilman Dexter to approve Items A1-5, sec- onded by Councilwoman Mackey; passed unanimously by roll-call . Re: Item A-6: Councilwoman Mackey expressed her displeasure and protest regarding the removal of 3 oaks trees at subject site. Mr . Engen, Commun. Devei . Dir . , responded that this was part of a precise plan approved last Nov. , for which there was no appeal ; subsequently, the tentative tract map creating the five parcels was approved , and the applicant has essentially met all condi- tions. Councilman Dexter requested expeditious cleanup of construction materials from subject site. Motion: By Councilman Lilley to accept Final Tract Map 45-87, seconded by Councilman Shiers; passed unanimously by roll-call . B. HEARINGS/APPEARANCES/REPORTS 1 . ZC 15-87 and TPM 39-87 - 9240 Vista Bonita Rd. - Yeomans/ Frederick (cont 'd from 7/12/88) A. Public Hearing B. Ord. 180 — Amending the existing RSF-Y and RSF-Z zoning to provide for a planned development overlay, implement a tentative tract map to reorganize the existing six . lots, totaling 6.32 ac. , into six lots from 7,260 to 9, 132 sq. ft. , create a new open space of 5. 1B ac. and abandon a portion of Vista Bonita Rd. (FIRST READING) C_ Approval of TTM 39-87 (description listed above) 3 Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council. Public Comment Mike Yeomans, applicant , spoke in support of this proposal , re- iterating his comments at the 7/12/88 Council meeting . Mr . Jorgensen, City Atty. , noted that the City could accept the open space areas in fee, subject to a finding that it was con- sistent with the General Plan. He pointed out the potential for maintenance and liability problems , however , and recommended acceptance of a permanent open space easement in order to relieve the City of those responsibilities. Mr . Yeomans reviewed his discussions with Chief Hicks regarding fire prevention, noting installation of sprinklers around the perimeter of the development is not planned . David Foote, Sedes Landscape, spoke in support of this proposal , feeling this is the best of several alternatives examined with staff. Barbara Schoenike, resident , expressed concern about the impact of increased density at this location and opposition to the grouped setting . John McNeil , resident , spoke to the issue of dedication of the open space, feeling dedication in fee would protect the public in the future; he feels a vote for this project is a vote for in- creased density. Dorothy McNeil , resident , reminded Council that the voters have expressed that they ' re tired of rezones. Ursula Luna, resident , inquired about bond assurances and en- forcement of CC & R ' s, to which the City Atty. responded . He noted that the responsibility of maintaining the CC & R ' s (which aren ' t yet written) rests primarily with the homeowners ' associ- ation. Mrs. Luna expressed objection to the tract development appearance proposed and support for open space in Atascadero . Additional Council discussion ensued . Motion: By Councilman Lilley to approve ZC 15-87, waive the reading of Ord . 180 and adopt it on first reading , seconded by Councilwoman Mackey; Mayor Borgeson read Ord . 180 by title. Motion passed 3:2 by roll-call , with Councilman Shiers and Mayor Borgeson opposed . 4 Motion: By Councilwoman Mackey to approve TTM 39-87 sub- ject to the findings of Erh . I (5/17/88) and conditions of approval of Exh . J (revised 7/26/88 - City Council ) , seconded by Councilman Lilley; passed 3:2 by roll-call , with Councilman Shiers and Mayor Borgeson opposed . 2. Proposed Revenue Sharing and City Budget for Fiscal Year 1988/89 A. Public Hearing B. Res. 80-88 - Adoption of the City of Atas. FY 1988/89 Revenue Sharing Budget and authorizing appropriation of funds thereof C. Res. 79-88 - Adoption of the City of Atas. FY 1988/89 Budget and authorizing appropriation of funds thereof Mr . Jorgensen, Admin. Svcs. Dir . , gave staff report regarding revenue sharing funds. There was no public comment . Motion: By Councilwoman Mackey to approve Res. 80-88, seconded by Councilman Dexter ; passed unanimously by roll-call . Mr . Jorgensen gave staff report regarding the 88/89 Budget . He noted an increase (per Council discussions at budget work ses- sions) to the CDD budget of $10,000 for zoning abatement (making total CDD budget $652,938) , making the total Gen. Fund Budget $6,069,262. The total amount of all five budgets is $11 , 164,635. Public Comment Sarah Gronstrand suggested that a neighborhood park be developed on a vacant lot across from the new library. Mr . Hanley, City Mgr . , suggested that this item be considered during the Council ' s review and establishment of five-year priorities with the new City Mgr . , noting that there are a number of unfunded capital projects in need of prioritization. (Mr . Jorgensen noted a correction to the Cap . Proj . Fund Budget under Parks & Rec . : Lake Land Acquisition should read Park Land Acquisition. ) Ron Cappel , representing Atas . Babe Ruth Baseball , submitted copies of request for $8,000 funding for Alvord Field improve- ments , noting late request is due to a misunderstanding of the appropriate time for submitting funding requests. Council discussed this request and consensus was for approval (Mr . Jorgensen noted that the total Gen. Fund Budget amount would now be $6,077,262; the Non-Departmental Budget would be increased to total $318,362) . Council discussed setting a limit on outside organization funding . 5 • Motion: By Councilwoman Mackey to approve Res_. 79-BB, as amended to include the additional funding of $B4O00 requested by Babe Ruth , seconded by Coun- cilman Dexter ; passed unanimously by roll-call . 3. 1488 Weed Abatement Program A. Public Hearing - Objections to properties assessed during annual Weed Abatement Program B. Res. 77-BB - Confirming costs of weed abatement and authorize abatement assessments be placed on the Prop- erty Tax rolls Chief Hicks , AFD, gave staff report , noting the Fire Dept . has received no written or verbal protests to date. He added that roughly 6.5% of noticed parcels were abated by the City ' s con- tractor , which reflects steadily increasing compliance. Public Comment Steve Thompson, expressed the feeling that he was overcharged for abatement of weeds on his property (San Marcos Rd. ) and also ob- jected to posting procedure. Chief Hicks was directed to meet with Mr . Thompson to discuss his concerns. Motion: . By Councilman Dexter to approve Res. 77-B8, sec- onded by Councilman Shiers; passed unanimously by roll-call . . 4. Status Report on Business License - 9745 Atascadero Ave.- Sherry Fair Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Public Comment John McNeil , resident , spoke in support of Mrs. Fair ' s appeal and expressed shock at staff ' s treatment toward her . He noted the excessive amount of staff time spent on this issue. Dorothy McNeil , resident , indicated she has copies of the parking plot pian, which shows ample parking space for four cars, drawn up by the contractor and previously submitted to the Planning Dept . Motion: By Councilman Lilley that Council grant Mrs. Fair ' s Business License based on the following findings : ( 1 ) The occupancy does not constitute a standard 9-2 Occupancy; (2) There is no structure 6 within 20 ' of the proposed area of occupancy; (3) This is a sole operator who devotes less than 10% of the structures to the operation involved , and therefore does not have to comply with B-2 re- quirements. Motion seconded by Mayor Borgeson; passed unanimously by roll-call . COUNCIL RECESSED FOR A BREAK FROM 10:00 - 10:20 P.M. 5. Report on Architectural Review Mr . Engen, Commun. Devel . Dir . , gave staff report and responded to questions from Council . Council consensus was to appoint a three-person subcommittee of Planning Commissioners or , perhaps, two Planning Commissioners and one design professional ; Mr . Engen was directed to prepare a report on both options for Council con- sideration in six months. Public Comment Gary Harcourt , member of the ad-hoc Arch . Stds. Review Committee, noted that the committee had reviewed the option of maintaining a list of architectural consultants available to staff. He also noted that very few of the projects which have started have actually continued through the review process; he hopes that architectural review is given a chance to mature and feels that two years is a more fair time period for judgment of the process. C. UNFINISHED BUSINESS 1 . Ord. 178 & 179 - ZC 8-88 - El Camino Real , north of Del Rio Rd. - Amending the City zoning from Residential Suburban and Commercial Retail to Public and revising the zoning text to allow membership organizations as a conditional use (SECOND AND FINAL READING) (cont 'd from 7/12/88) Mr . Engen, Commun. Devel . Dir . , gave brief staff report . There was no public comment . Motion: By Councilwoman Mackey to waive the reading of Ord . 178 and approve it on second reading , sec- onded by Councilman Shiers; passed unanimously by roll-call . Motion: By Councilman Dexter to waive the reading of Ord . 179 and approve it on second reading , seconded by Councilwoman Mackey. Mayor Borgeson read Ord . 179 by title; motion passed unanimously by roll-call . 7 2. Traffic Way Surplus Property - Purchase Offer by James Grin- nell Mr . Hanley, City Mgr . , gave staff report including verbal update in addition to the written report in Council ' s agenda packet . He recommended approval of Mr . Carroll ' s most recent , amended offer of 698,000. There was no public comment . Motion: By Councilwoman Mackey to authorize the City Manager to work with Mr . Carroll and the City Attorney to draft a . purchase agreement , seconded by Councilman Lilley; passed unanimously by roll- call . Be Proposed street improvement agreements — Chandler Ranch Area - Street Assessment Dist. #5 (cont 'd from 6/12 & 5/24/88) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . Correcting the staff report , he noted , ( 1 ) the boundary map will be before Council at the next regular meeting in the form of a resolution, and (2) on Exh . D, paragraph #3, staff recommends option #2, pointing out that the City is not taking the 6% in that bonds will be paid from the interest rather than the principle. There was no public comment. Motion: By Councilwoman Mackey to approve Res. 83-88, sec- onded by Councilman Lilley; passed unanimously by roll-call . Motion: By Councilman Dexter to approve Res. 84-88, -sec- onded by Councilwoman Mackey; passed unanimously by roll-call . D. NEW BUSINESS 1 . Proposed County Animal Control Services Contract renewal for Fiscal Year 1988/89 Chief McHale, APD, gave staff report . There was no public com- ment . Motion: By Councilman Dexter that the City continue to contract for County animal control services , sec- onded by Councilman Shiers ; passed unanimously by roll-call . Motion: By Councilwoman Mackey to continue the meeting past 11 :00 p .m. , seconded by Councilman Lilley; passed unanimously. 8 Items 2, 3, 4, 5, 8 & 9 - Resolutions adopting Salary/Classifica- tions for the various employee organizations Mr . Hanley, City Mgr . noted that the above listed items have been reviewed by Council in closed session; Items 6 & 7 relating to the A.S.S.O. and A.P.O.A. are not yet concluded and are, there- fore, pulled . There was no public comment on Items 2-5, 8 & 9. Mayor Borgeson spoke in support of a 7% base salary increase for the Police Chief, effective 7/2/88. Mr . Hanley, City Mgr . , rec- ommended that this be taken up under the salary/classification study approved as part of the 88/89 Budget . Council discussion ensued . Motion: By Councilwoman Mackey to approve Res. 65-88 (Management Employees) as written, seconded by Councilman Lilley; passed unanimously by roll- call . Motion: By Councilwoman Mackey to approve Res. 66-88 (Mid- Mgmt./Professional Employees) , seconded by Coun- cilman Dexter ; passed unanimously by roll-call . Motion: By Councilwoman Mackey to approve Res. 67-88 (Con- fidential Employees) , seconded by Councilman Lilley; passed unanimously by roll-call . Motion: By Councilman Dexter to approve Res. 68-88 (Public Service Technicians Orgn. ) , seconded by Council- woman Mackey; passed unanimously by roll-call . Motion: By Councilwoman Mackey to approve Res. 71-88 (Atas. Fire Captains Bargaining Unit) , seconded by Mayor Borgeson; passed unanimously by roll-call . Motion: By Councilman Lilley to approve Res. 72-88 (Atas. Firefighters Bargaining Unit) , seconded by Mayor Borgeson; passed unanimously by roll-call . 10. Res. 74-88 - Adopting the 1988/89 Fiscal Year sewer assessments for Sanitation Impr. Dist. #4 and authorizing placement of assessments on the Property Tax Rolls (Sep- arado/Cayucos) Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Councilwoman Mackey to approve Res. 74-88, seconded by Councilman Shiers; passed unanimously by roll-call. 9 Motion: By Councilman Lilley to recess as Council and convene as the ACSD Board of Directors, seconded by Councilwoman Mackey; passed unanimously. E. SANITATION DISTRICT 1 . Proposed 1988/89 Fiscal Year Sanitation Dist. Budget A. Public Hearing B. Res. 81-88 - Adopting the 1988/89 County Sanitation District Budget and authorizing appropriation of funds Mr . Jorgensen, Admin. Svcs. Dir . , gave staff report; he noted that the correct budget figure proposed is $1 ,413,392, which includes salary increases for members of the SEIU Bargaining Unit . There was no public comment . Motion: By Director Shiers to approve Res. 81-88, seconded by Director Mackey; passed unanimously by roll- call . 2. Res. 75-88 - Authorizing commencement of negotiations with the County for Property Tax Revenues related to the dissolu- tion of the Atas. County Sanitation Dist. Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment Motion: By Director Mackey to approve Res. 75-88, seconded by Director Shiers; passed unanimously by roll- call . 3. Regional Water Control Board mandated conditions at the Wastewater Treatment Plant A. Authorize Mayor to enter into a contract for engin- eering services with John Wallace and Assoc. and Kennedy/Jenks/Chilton to prepare a Sludge & Septic Mgmt. Plan, Salts Mgmt. Plan, 100-Yr. Rainfall Season During Plant Capacity without Transport of Reclaimed Water Study, and 100-Yr. Flood Protection Study Mr . Sensibaugh , Pub . Works Dir . , gave staff report . John Wal- lace, Wallace & Assoc . , addressed the time-frame involved in treatment plant improvements, saying that reports will be com- plete and submitted to RWQCB by mid-January of 1989. He indicated the improvements called for should address the odor problems complained about . 10 Motion: By Director Lilley to authorize award of the proposed engineering agreement to John Wallace Assoc . in conjunction with Kennedy/Jenks/Chilton, seconded by Director Shiers; passed unanimously by roll-call . 4. 1988/89 Sanitation Charges A. Public Hearing B. Res. 82-88 — Adopting the 1988/89 Sanitation Assess- ments and authorizing the placement of assessments on the Property Tax Rolls Mr . Sensibaugh , Pub . Works Dir . , gave staff report . There was no public comment . Motion: By Director Mackey to approve Res. 82-88, seconded by Director Lilley; passed unanimously by roll call . 5. 1988/89 Sewer Assessments - Sanitation Improvement Dist. #3 (Marchant Way) A. Public Hearing B. Res. 73-88 - Adopting the 1988/89 Sewer Assessments for Sanitation Impr. Dist. #3 and authorizing the placement of assessments on the Property Tax Rolls (Marchant Waw Mr . Sensibaugh , Pub . Works. Dir . , gave staff report . There was no public comment . Motion: By Director Dexter to approve Res. 73-88, seconded by Director Shiers; passed unanimously by roll- call . Motion: By Director Mackey to recess as ACSD Board and reconvene as City Council, seconded by Director Shiers; passed unanimously. E. INDIVIDUAL DETERMINATION 1 . City Council A. Extension of Contract for Interim City Mgr. to August 15, 1988 ( if necessary) Motion: By Councilman Dexter to authorize the Mayor to execute the second amendment to the employment contract with Mr . Hanley, seconded by Councilman Lilley; passed unanimously by roll-call . 11 MEETING ADJOURNED AT 11 :35 P.M. TO 3:00 P.M. , FRIDAY, JULY 29, 19B8 IN THE FOURTH FLOOR CLUB ROOM FOR SPECIAL OPEN MEETING REGARDING DISCUSSION OF LABOR NEGOTIATIONS. MINUTES RECORDED BY: BOYD C. SHARITZ, City Clerk PREPARED BY: CINDY WILKINS, Dep . City Clerk 12 MEETt �. AGENDA _ I DAT �� ITEM# --�� • 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 SUBJECT: TENTATIVE PARCEL MAP 13-88 LOCATION: 6325 Tecorida APPLICANT: Hempenius Family Trust/Jim Grinnell REQUEST: To resubdivide three existing lots totaling 1 .47 into four parcels containing 0 .32, 0.34, 0. 52 , and 0 . 23 acres each. BACKGROUND: • On July 19 , 1988, the Atascadero Planning Commission conducted a public hearing on this item ( in conjunction with Precise Plan 20- 88 for approval of a 13,480 square foot commercial complex for this site) . On a 4 : 2 vote (Commissioners Tobey and Bond dissent- ing) , the application was approved subject to the findings and conditions contained in the attached staff report. There was some discussion and testimony given as reflected in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative Parcel Map 13-88 per the Planning Commis- sion' s recommendation. HE:ps cc: Hempenius Family Trust Jim Grinnell Enclosures: Exhibit A - Staff Report dated July 19, 1988 Exhibit B - Findings/Conditions for Tentative Parcel Map 13-88 Exhibit C - Minutes Excerpt - July 19, 1988 • • EXHIBIT A - STAFF REPORT JULY 191? 1988 CITY OF ATASCADERO STAFF REPORT • FOR: Planning Commission Meeting Date: July 19, 1988 BY: Joel Moses, Associate Planner File No: TPM 13-88 PP 20-88 SUBJECT: To subdivide three (3) existing parcels totaling 1. 42 acres into four (4) parcels containing 0. 32, 0. 34, 0. 52 and 0. 23 acres for commercial use. The construction of four commercial buildings of 3, 840, 4, 320, 3, 520, and 1, 800, square feet and totaling 13, 480 square feet is also proposed. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Jim Grinnell/Hempenius Family Trust 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 6325 Tecorida Road 4. Legal Description. . . . . . . . . . . .Lots 21, 22, & 23, Blk. UA (Atas. Col. ) 5. Site Area. . . . . . . . . . . . . . . . . . . . 1. 42 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CR(FH) (Commercial Retail with a Flood Hazard Overlay) 7. General Plan Designation. . . . .Retail Commercial 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted July 7, 1988 B. ANALYSIS: The applicant proposes to subdivide three (3) existing undeveloped parcel containing 1. 42 acres into four (4) parcels containing 0. 32, 0. 34, 0. 52 and 0. 23 acres. Parcel 1 will have direct -access to Tecorida Road and may have access to Marchant by easement. Parcel 2 may have direct access to Alcantera and Marchant by easement. Parcels 3 & 4 will have access to Marchant by easement and direct individual frontage access to Tecorida and 1 • • • . Alcantera respectively. The site is located on what appears to be a corner lot, but the lot does not have direct access to Marchant. The applicant does not own a 20 '-0" strip of land along Marchant, the land is owned by Chevron USA. The pipeline company also has easement crossing the site, and the land is meant as a staging area for work on the pipeline. The subject property is located in the CR(FH) (Commercial Retail with a Flood Hazard Overlay) zone. The CR zone has no minimum lot size. In considering possible subdivision of commercial property provision needs to be made for access, adequate site and area for parking along with buildings. As shown on the proposed site plan, adequate provision is proposed for access and site development. The applicant then proposes to develop the individual parcels with commercial buildings. Buildings will range from 4,320 to 3, 840 square feet. The buildings proposed on Marchant are two stories. The complex will be an interrelated commercial complex, with common parking and driveways, along with a single architectural style. As proposed the lots can not be developed individually. Easements and parking agreements and architectural controls are needed as part of the approvals. The applicant is proposing to phase the development. Parcels 1 & 2 are planned for development first. The two lots will contain two buildings totaling 8160 square feet with 33 parking stalls. Parcels 3 & 4 are planned for future development with two building containing 5, 320 square feet with 35 parking stalls. Specific uses are not known at present. With the interrelationship of the parcels frontage and internal circulation, phasing is going to require partial development of parcels 3 & 4 as a part of the first phase. With the development of drainage improvements along Alcantara Road street and access improvements for parcel 2 & 4 should be developed at the same time. With the development of Parcel 1 the improvement of Tecorida Road should be done all the way to Marchant. The central driveway provides access to the entire site and is needed with any development of the site. In looking at the site, the overriding concern in subdividing or development is the Flood Hazard Overlay zone development standards. The site is located at the lower end of the Amapoa/Tecorida drainage area. All waters from the area drain to this site and then under the freeway through Century Plaza to Atascadero Creek. The site, and possible improvements, have been reviewed with the applicant' s engineer by the City Engineer and found adequate. As shown on the site plan, the applicant proposes to culvert or gunite the open ditch to help the flow of water through the site. 2 • i In designing the complex the applicant has proposed parking at a ratio 298 square feet of building area per parking stall. In reviewing the specific parking demands, the following matrix shows the parking required. Building Parcel Building Size Need Shown Building A Parcel 1 3840 sq. ft. 13 14 Building B Parcel 2 4320 sq. ft. 14 16 Building C Parcel 3 3520 sq. ft. 12 22 _Building D Parcel 4 1800 sq. ft. 6 12 13480 sq. ft. 45 64 The parking provided will meet the minimums of the Zoning Ordinance using general merchandizing as a standard (1 stall per 300 square feet) . This will allow the developer to provide off site parking for an adjoining use and allow more intense parking uses (restaurants) on the adjoining site. If such proposals occur, overall parking will need to be reviewed and agreements with all property owners if they are different. Signing has not been detailed at this time. Each parcel will be allowed up to 100 square feet of signing, broken down as provided by the zoning ordinance. Since the site is located adjoining the freeway some freeway signing may be allowed and additional signing requested at a later date. The buildings design has been reviewed for conformance with the Design Review Guidelines. The buildings will make use of an off white stucco. Wood trim will be brown and green, and the roof will be red tile. Other detailing of the site will include pedestrian amenities and details on the landscaping. Comments were received from several outside agencies. Our Fire Department indicates the need for two (2) fire hydrant to serve the site. Other fire code requirements will be reviewed at the time of building permit. The Building Division noted some concern about the drainage 'through the site, but Public Works has taken responsibility for reviewing the drainage problems. Specific Building Code requirements will be addressed at the time of building permits review. No problems are expected as long as the existing codes and standards are followed in the development of the parcels. The Southern California Gas Company has noted that the site can be served by an existing two (2) inch mains in Alcantera and Marchant Roads. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The State Department of Transportation (CalTrans) has responded indicating no opposition to the project. However, it is anticipated that additional congestion will occur at the intersection of Marchant and Morro Road. The Atascadero Mutual Water Company has responded finding that a new eight (8) inch water _main will be needed in Tecorida Road to serve Parcels 1 & 3. 3 SC. RECOMMENDATION: Staff recommends conditional approval of Precise Plan 20-88 and Tentative Parcel Map 13-88 based on the Findings in Exhibit E and Conditions of Approval in Exhibit F. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Site Plan Exhibit D - Elevations Exhibit E - Findings for Approval Exhibit F - Conditions of Approval JM/jm 4 111111.1►�'.- ��a��:aa,,, 1'•� ,' ��' �'� �sk WIA MEQ __..�� • A �,,�- '�'�� •�i 0 PIP • • �I� 05 EXHIBIT B - TENTATIVE MAP CITY OF ATASCADERO 6325 Tecorida ''"'ate Tentative Pap 13-88 CADFtto` COMMUNITY DEVELOPMENT Grinnell/Cuesta DEPARTMENT —74 2f, \tv I PAROL 2 ��•' • / 1 ,�JJ JI� � ` `\, '1 I=`�J ' TFN7A17VE PARCLC MA/A7 CO-O?4 e '��- I nen.• � � \. •\ l� f�' •� OA'NF.t'S C:JCTiP/GATE ��\`- \ter �--��-- .... _— _ �•`�. `` J ' . J rI(JN I7tY I4(ry M/f/IM/r Ku �1//.W •� �- - - - -+.- 1 �\YS' iwu ..rrwzeu.v<srv.,sna r v.o.w,lu '�ALCAN7AFA —t_ --•r�.T�—'.—~rte_ .�/cwuu n rne trsr rnr.rnwseJxe. • \ L �— � _J r x.,. � � CU!SlA C+lGiNFrP,9l7: • EXHIBIT C - SITE PLAN CITY OF ATASCADERO 6325 Tecorida Road Precise Plan 20-88 sCADCOMMUNITY DEVELOPMENT Grinnell/Cuesta DEPARTMENT i -- - - ---_ -_----- v.! . 7-.�r_Z;--- I rl `\P I � t PMK/NG , i FNM _ i — G � rN - at va.-ca,[p ` RCCgy,'q�q I'VE. _ ...�[lL—ALAN 10NC-/ 'AL I'ONI✓y I txU C✓'XV6 AC:A -_ ' '^ a`c.�•a.r.v'_i ..wr..ve ra.,,. ENGINEERNG �ti . EXHIBIT D - ELEVATIONS CITY OF ATASCADERO ,d ,� 6325 Tecorida Road Precise Plan 20-88 C1 COMMUNITY DEVELOPMENT Grinnell/Cuesta 0 DEPARTMENT €,lir yam�•�� KAh jr 3 < . s"tl.;�Y. t`.^Y{ �•.�s�i?fir ; �. � i i+�� a�� 'T IT { ,t� r - t i ,': - �•'-> stir � , �'-. w ,: r•,a��L=7 it'L:}. •!:.. - _ - _-__ EXHIBIT E - Findings for Approval Tentative Parcel Map 13-88 6325 Tecorida Road Grinnell/Hempenius Family Trust/Cuesta Eng. July 19, 1988 FINDINGS FOR TENTATIVE MAP 13-88 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. FINDINGS FOR PRECISE PLAN 20-88 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. JM/jm 0 0 EXHIBIT F - Conditions of Approval Tentative Parcel Map 13-88 (AT 88-099) Precise Plan 20-88 6325 Tecorida Road Grinnell/Hampenius Family Trust/Cuesta Eng. July 19, 1988 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 13-88 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. Additional an eight (8) inch water main shall be installed in the Tecorida public right-of-way prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees shall be paid for the newly formed lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. All current connection charges shall be due and payable prior to final building inspection. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. 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. 7. All public Improvements on Alcantara and Tecorida shall be completed prior to the occupancy of any structure on any adjoining parcel. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to and approved by the Public Works, Community Development and Fire Departments prior to the issuance of building permit for construction of Tecorida, Alcantera, and Marchant Roads. These plans shall be designed to conform to plans approved by the Director of Public Works on file in the City Engineering Department for construction of Tecorida Road from the intersection with Marchant to the southern property line of Del Taco. The design shall include a minimum paved section of 0 16 '-0" plus from the southern boundary of Lot 6 Block VA to connection with improvements ending at the southern boundary of Del Taco property, or as modified by the City Engineer. City .Standard P.C.C. , curb, gutter, five (5) foot sidewalk and drive approach shall be constructed along the project frontages, or as modified by the City Engineer. The existing Sycamore Trees in the right-of-way shall remain and the design shall include measures necessary to save the trees. The construction of the road beyond the centerline may be necessary to save trees. The construction of road improvements shall be completed (or bonded for) prior to the final inspection. Upon approval of the Director of Public Works, the property owner may enter into a deferral agreement for the construction of these improvements 9. Tecorida Road shall be design and designated as a one way street, or a two way street, as determined by the City Engineer. 10. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement and a Curb & Gutter Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 11. 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. 12. Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include two (2) standard fire hydrants, one on the Marchant frontage at the driveway access, and the other on the Alcantera frontage at the access driveway. The design and location shall be approved prior to the recording of the final map. 13. Drainage Facilities shall be constructed to City of Atascadero Standards, prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 14. The Subdivider shall provide drainage easements and/or drainage releases from the points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourses as approved by the Public Works Department if applicable. 15. 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, including all Flood Hazard Overlay Zone requirements and Amapoa/Tecorida Drainage Impact Area. 16. A Drainage 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 and a note to this effect shall be placed on the final map. 17. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Tecorida Limits: 20 '-0" from centerline of right-of-way along entire frontage. Minimum Width: 40 ' -0" Right-of-Way Street Name: Alcantara Road Limits: 20 ' -0" from centerline of right-of-way along entire frontage. Minimum Width: 40 '-0" Right-of-Way 18. Offer for dedication to the Public for Public Utility . Easements 6 '-0" in width adjacent to all Public Right-of-Ways. 19. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 20. Prior to the issuance of a building permit, a soils investigation shall be submitted for each site, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. 21. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, architectural control of all buildings, drainage facility maintenance, driveway and landscape maintenance. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. 22. Precise Plan :20-88 shall be approved and in effect prior to the recording of the final map and all public improvement conditions shall be satisfied prior to the final building inspection for any building on any lot of the map. 23. 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. 24. 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 ! -• EXHIBIT F - Conditions of Approval (Cont. ) Tentative Parcel Map 13-88 Precise Plan 20-88 6325 Tecorida Road (Grinnell/Hampenius Family Trust/Cuesta Engineering) July 19, 1988 CONDITIONS OF APPROVAL FOR PRECISE PLAN 20-88 1. All construction shall be in conformance with Exhibit C (site plan) , Exhibit D (Elevations) and Exhibit F (Conditions of Approval) , and shall comply to all City codes and ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. Complete landscape and irrigation plans shall be submitted to, and subsequently approved by, the Community Development Department prior to issuance of building permits (Section 9- 4. 124) . The submitted plans are generally complete. Please note the following items the plans: a. All areas including setbacks, parking lots, and unused areas shall be landscaped appropriately (Section 9- 4. 125 (a) . - 4. 125 (a) . b. Concrete curbing, or a functional equivalent, shall be provided to enclose all required landscaping. C. Proposed landscaping shall be accompanied with a planting schedule which includes species, container sizes, number of plants or flats, and the space distribution of ground cover. d. Five (5) foot of landscaped area with six (6) foot fencing is required where parking areas abut adjacent property. 3. A trash enclosure shall` be provided with appropriate details as per Section 9-4. 129. Trash facility shall be entirely screened from public view and be constructed with materials to match the building. 4. Plot plan for each building permit shall show all proposed utilities, including gas, electric, water, and sewer. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 5. Grading and drainage plans, prepared by a registered civil engineer, shall be submitted for review and approval to the Community Development and Public Works Department, prior to the issuance of any permits. All grading and drainage work is to be constructed to City standards and shall be completed prior to final building inspection. Prior to the • ! final building inspection, the project engineer shall provide written certification that the drainage and grading is in compliance with these standards. 6. Tentative Parcel Map 13-88 shall be recorded, and all conditions complied with prior to the issuance of any building permit for a building on the site. 7. All roof-mounted or ground-mounted mechanical equipment shall be screened from public view. 8. If project is phased each phase shall be self supporting for parking and circulation. The central driveway shall be constructed with the first building on the site. 9. This precise plan is approved for a period of one year from the date of final approval (August 2, 1988) . JM/jm • 9 EXHIBIT E - Findings for Approval Tentative Parcel Map 13-88 is 6325 Tecorida Road Grinnell/Hempenius Family Trust/Cuesta Eng. July 19, 1988 FINDINGS FOR TENTATIVE MAP 13-88 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project .is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. EXHIBIT F - Conditions of Approval Tentative Parcel Map 13-88 (AT 88-099) 6325 Tecorida Road Grinnell/Hampenius Family Trust/Cuesta Eng. July 19, 1988 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 13-88 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. Additional an eight (8) inch water main shall be installed in the Tecorida public right-of-way prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees shall be paid for the newly formed lots prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. All current connection charges shall be due and payable prior to final building inspection. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. 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. 7. All public Improvements on Alcantara and Tecorida shall be completed prior to the occupancy of any structure on any adjoining parcel. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to and approved by the Public Works, Community Development and Fire Departments prior to the issuance of building permit for construction of Tecorida, Alcantera, and Marchant Roads. These plans shall be designed to conform to plans approved by the Director of Public Works on file in the City Engineering Department for construction of Tecorida Road from the intersection with Marchant to the southern property line of Del Taco. The design shall include a minimum paved section of 16'-0" plus from the southern boundary of Lot 6 Block VA to connection with improvements ending at the southern boundary of Del Taco property, or as modified by the City Engineer. City Standard P.C.C. , curb, gutter, five (5) foot sidewalk and drive approach shall be constructed along the project frontages, or as modified by the City Engineer. The existing Sycamore Trees in the right-of-way shall remain and the design shall include measures necessary to save the trees. The construction of the road beyond the centerline may be necessary to save trees. The construction of road improvements shall be completed (or bonded for) prior to the final inspection. Upon approval of the Director of Public Works, the property owner may enter into a deferral agreement for the construction of these improvements 9. Tecorida Road shall be design and designated as a one way street, or a two way street, as determined by the City Engineer. 10. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement and a Curb & Gutter Agreement, guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 11. 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. 12. Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include two (2) standard fire hydrants, one on the Marchant frontage at the driveway access, and the other on the Alcantera frontage at the access driveway. The design and location shall be approved prior to the recording of the final map. 13. Drainage Facilities shall be constructed to City of Atascadero Standards, prior to the final building inspection, or be constructed or bonded for prior to the recording of the final map. 14. The Subdivider shall provide drainage easements and/or drainage releases from the points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourses as approved by the Public Works Department if applicable. 0 0 15. 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, including all Flood Hazard Overlay Zone requirements and Amapoa/Tecorida Drainage Impact Area. 16. A Drainage 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 and a note to this effect shall be placed on the final map. 17. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Tecorida Limits: 20 '-0" from centerline of right-of-way along entire frontage. Minimum Width: 40 '-0" Right-of-Way Street Name: Alcantara Road Limits: 20 '-0" from centerline of right-of-way along entire frontage. Minimum Width: 40 ' -0" Right-of-Way 18. Offer for dedication to the Public for Public Utility . Easements 6' -0" in width adjacent to all Public Right-of-Ways. 19. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 20. Prior to the issuance of a building permit, a soils investigation shall be submitted for each site, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicatedin the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the xeports are on file shall be noted on the final map. 21. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, architectural control of all buildings, drainage facility maintenance, driveway and landscape maintenance. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. 22. Precise Plan :20-88 shall be approved and in effect prior to the recording of the final map and all public improvement conditions shall be satisfied prior to the final building inspection for any building on any lot of the map. 9 0 23. 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. 24. 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 IBIT C ,- MINUTES EXCERPT! JULY 19, 1988 There w continued discussion among a Commission pertaining the master plan phasing for t e project . MOTION : Made b Commissioner Bond , s onded by Commission- er Michie sen to approv Conditional use Permit 3-88 and Roa Abandonme 2-88 and 3-88 subject to the findings a con ions contained in the staff report . Discussion ensued on cl ificati of the conditions . Mr . Ravatt noted objecti to the adde ondition concerning the screening fence . opposes a soli fence but would be willing to inst 1 a chain link or s ted type of fence. It was the Co ission ' s general consensus that landscaping would be a ropriate if done properly . Co issioner Bond clarifie is motion did not include the added c dition . The motion carried 6 : 0 . 4 . TENTATIVE PARCEL MAP 13-88 : Application by the Hempenius Family Trust (Grinnell ) to resubdivide three ( 3 ) existing lots totaling 1 .47 acres of vacant commercial property into four (4) parcels containing 0 . 32 , 0 . 34 , 0 . 52 , and 0 . 23 acres each; and PRECISE PLAN 20-88 for a 13 ,480 square foot commercial complex containing four (4) buildings . Subject site is located at 6325 Tecorida . Mr . Moses presented the staff report on the two applications recommending approval subject to certain conditions . He then responded to questions from the Commission . } Jim Grinnell , representing the applicant , spoke in support of the project noting his concurrence with staff ' s recommen- dation . He clarified the different pipe lines which run under the property and their use . Commissioner Tobey referenced the Commercial Retail zoning of this area and felt this development could further impact the heavily traveled Morro Road . Commissioner Kidwell asked if this development would be contributing fees toward installation of a traffic signal at Atascadero Avenue and Morro Road . Discussion followed concerning development fees for projects in this area , time frames for securing a traffic signal at that intersection . With reference to parking for the project , it was pointed out that there will be adequate parking provided . Mr . Grinnell elaborated on the history of this project and what type of use this property would be best suited for . MOTION : Made by Commissioner• Michielssen , seconded by Com- missioner Kidwell to approve Tentative Parcel Map 13-88 and Precise Plan 20-88 subject to the findings and conditions contained in the staff report . The motion carried 4 : 2 with the following roll call vote : AYES : Commissioners Michielssen , Kidwell , Lopez-Balbontin , and Chairperson Nolan NOES : Commissioners Tobey and Bond Chairperson called a recess at 9 :40 p .m. ; meeting re onvened at 9 : 52 p .m. 5 . TENTATIVE PARCEL MAP 14-88 : pplication by Ed Davin (Cuesta Engineeri g) to subdiv i e two ( 2) lots totaling 5 . 68 acre into three ( 3 ) pa els of 2 . 28 , 1 . 5 , and 1 . 5 acres ea Subject site is 1 cated at 5050 Portola Road . Mr . Moses p esented the staff report n this matter noting staff ' s recom ndation for approval . John Falkenstien , agent for the app scant , spoke in support of the applicatio . Regarding C ndition # 13 , he requested that the first sent e ce pertaini to location of the fire hydrant be allowed t be work d out with the applicant and Fire Department rather than aving a specific location . With regard to .Condition #8 , e asked that the dollar amount be specific . Regardin ondition #5 , Mr . Falkenstien referenced the Subdivisi Ordinance pertaining to flag lots . He asked that thi c ndition be changed to require that the accessway b pave to driveway standards rather than 20 feet . He aske that the driveway be allowed to be developed in accords ce with req irements in effect at time of the development . Mr . Moses addre sed Mr . Falkenst "en ' s concerns with Conditions #5 , # , and # 13 . Mr . Falkensti further asked for modific tion to Condition #6 so that 11 the normal avenues be a ailable to the applicant n satisfying this requirement . Discussion followed . There w s no public testimony . MOTI Made by Commissioner Bond , seconded by Commission- er Tobey to —approve Tentative Parcel Map 14-88 subject to the findings and conditions contained in the staff with the following modifications : "5. The access way to Parcel 3 shall be developed with a 20 ' -0" paved driveway or to standards �tEE"ti GENDA ATE rL1�.d ITEM �1':_tel_ 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 1e-� SUBJECT: TENTATIVE PARCEL MAP 14-88 LOCATION: 5050 Portola Road APPLICANT: Ed Davin (Cuesta Engineering) REQUEST: To subdivide two parcels totaling 5 .68 acres into three parcels containing 2 . 28, 1 . 5, and 1 . 9 acres each. BACKGROUND: On July 19, 1988, the Atascadero Planning Commission conducted a public hearing on this subdivision request. On a 6 :0 vote, the Commission approved the application subject to the findings and revised conditions of approval (#5 and #13 were modified) in the attached staff report. There was discussion and testimony given as reflected in the attached minutes excerpt. f RECOMMENDATION: Approval of Tentative Parcel Map 14-88 per the Planning Commis- sion' s recommendation (revised July 19, 1988) . HE :ps cc: Ed Davin Cuesta Engineering Enclosures: Exhibit A - Staff Report dated July 19, 1988 & Revised Exhibit E (Conditions) Exhibit B - Minutes Excerpt dated July 19, 1988 • i 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 SUBJECT: TENTATIVE PARCEL MAP 14-88 LOCATION: 5050 Portola Road APPLICANT: Ed Davin (Cuesta Engineering) REQUEST: To subdivide two parcels totaling 5.68 acres into three parcels containing 2 . 28, 1 .5, and 1 . 9 acres each. -. BACKGROUND: On July 19, 1988, the Atascadero Planning Commission conducted a public hearing on this subdivision request. On a 6 : 0 vote, the Commission approved the application subject to the findings and revised conditions of approval (#5 and #13 were modified) in the attached staff report. There was discussion and testimony given as reflected in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative PaFcel Map 14-88- per the Planning Commis- sion' s ommis- sion' s recommendation( Oi�Kc� : ),� Vb,Ng' 3 HE:ps cc: Ed Davin Cuesta Engineering Enclosures : Exhibit A - Staff Report dated July 19, 1988Y�sh1E , Exhibit B - Minutes Excerpt dated July 19, 1988 • i EXHIBIT A - STAFF REPORT JULY 19, 1988 CITY OF ATASCADERO STAFF REPORT FOR: Planning Commission Meeting Date: July 19, 1988 BY: Joel Moses, Associate Planner File No: TPM 14-88 SUBJECT: To subdivide two (2) existing parcels totaling 5. 68 acres into three (3) parcels containing 2. 28, 1.5, and 1.9 acres A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . .Ed Davin 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . . 5050 Portola Road 4. Legal Description. . . . . . . . . .Par. 1 & 2 of CO 73-199 5. Site Area. . . . . . . . . . . . . . . . . . . . 5. 68 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Z (Residential Single Family 1 1/2 to 2 1/2 acre minimum lot size) 7. General Plan Designation. . . . . Suburban Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Vacant 9. Environmental Status. . . . . . . . .Negative Declaration posted July 7, 1988 B. ANALYSIS: { The applicant proposes to subdivide two (2) existing undeveloped parcel containing 5. 68 acres into three (3) parcels containing 2. 28, 1. 5 and 1. 9 acres. Parcels 1 and 3 will have direct access to Portola Road. Parcel 2 will have access to Portola Road by way of an easement across Parcel 3 ' s access strip. 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 acres depending on the "score" of the various performance standards. For this site, the minimum lot size criteria are: 1 • • Distance from Center (4, 000-6, 000) . . . . . . . . . . . . . . 0. 10 Septic Suitability (20-59 min/inch) . . . . . . . . . . . . . 0. 50 Average Slope (0-20%) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0. 30 Access Condition (City Accepted) . . . . . . . . . . . . . . 0. 15 General Neighborhood Character (1. 0 acre) . . . . . . . 0. 20 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . 1. 25 acres The proposed smallest lot sizes of 1. 5 acres is larger than the minimum lot size required for the site. It should be noted that parcel 3 ' s 1. 9 acres is reduced to 1. 5 acres by the elimination of the area contained in the access strip. Comments were received from several outside agencies. Our Fire Department has indicated the need for a fire hydrant 800'-0" from the furthest home on parcels 2 & 3. The Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels. The Southern California Gas Company has noted that the site can be served by an existing 2 inch main in Portola Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The Public Works Department notes the need for standard conditions for development pertaining to map processing, utilities, and routes to school contributions. The proposed map falls under the provisions of the new Subdivision Ordinance. This in addition to excluding the access driveway from the calculations to the minimum lot area requires that the access drive be paved to a width of 20 '-0" . This is due to the access drive exceeding 150'-011 . The development of an approved fire turn around will not be needed due to the access only serving two (2) parcels. Also shown on the map is the proposed building and septic field locations for parcel 2. This information is required due to the site' s slope exceeding 20%. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 14-88 based on the Findings in Exhibit D and Conditions of Approval in Exhibit E. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Development Statement Exhibit D - Findings for Approval Exhibit E Conditions of Approval JM/jm 2 EXHIBIT B - TENT. MAP CITY OF ATASCADE RO Tentative Parcel Map -8 Ir fS i-'1 ° ;. 1»_]p-, 5050 Portola Road VCaAD COMMUNITY DEVELOPMENT Davin / Cuesta DEPARTMENT eye�-, /S/[!3•L(!!/1/Mi - G=�� -, •. } ~ - cm>Ar.A AWrG�•�<:•r r,e Ai ...• c✓•vrr —ax1A' -- ,a KIv-9m 4c,$:.E CWVEOS efr7-41/LA7'-f TENTAT/YE PARCEL Y4P.CT RP-/09 Nereo✓I--f<Y r.,A/^R^.N[O� 6_ih':/A ia.,•v�va,o•?ir�C<a �o•aC!J^"/a,rC[ar000 Oa:'S2,SrAC O` .'A<r�04•vin ,t. .r-. r x C9' a' 71 ' - _ -� ,, __._.•` CUES;L SNC./NE'",P/NG • EXHIBIT C - DEVEL. STAT. CITY OF ATASCADERO Tentative Parcel Map 14-88 lAl•�I,iC � 1.7 5050 Portola Road COMMUNITY DEVELOPMENT Davin / Cuesta DEPARTMENT 6-3-88 DEVELOPER'S STATEMENT Tentative Parcel Map AT 88-108 Ed Davin, 5100 Portola, Atascadero CA The appropriate findings for a flag lot subdivision can be made for this application. Study of the Assessor maps for this area will reveal that this application is consistent with the character of the neighborhood. The construction of a standard street is neither appropriate nor feasible. Only three large acreage lots are being served, one of which has alterna- tive access. A 25' access strip is available and can be developed with minimal grading. The existing topography is well suited to the proposed subdivision. Only Parcel 2 has an average slope greater than 20%. However, it has a large building site which slopes less than 20%. lu.. EXHIBIT D - Findings for Approval Tentative Parcel Map 14-88 5050 Portola Road Davin/Cuesta Eng. July 19, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels, in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably inure 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 E - Conditions of Approval Tentative Parcel Map 14-88 (AT 88-108) 5050 Portola Road Davin/Cuesta Eng. July 19, 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, 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 to and 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 . The access way to Parcel 3 shall be developed with a 20 ' -0" paved driveway. Plans and profiles shall be approved by the Community Development Department prior to the recording of the final map. The driveway improvements shall be installed prior to the recording of the final map. 6 . An engineered estimate for the cost of paveout along Portola Road frontages to 20' -0" from the centerline shall be submitted and approved by the City Engineer prior to the recording of the final map. A contribution in an amount determined and in a form acceptable to the City Engineer to fund for future improvements to Portola Road shall be made prior to the recording of the final map. 7 . 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. 8 . The applicant shall deposit with the Director of Public Works a dollar amount determined by the Director of Public Works, which shall be utilized for the future development of improvements for the implementation of a Routes to School Plan for Atascadero High & Monterey Road Schools . 9 . Address identification signs shall be approved as a part of the improvement plans or issuance of building permits. The signs shall contain 411 (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the drive way and shall be placed so as not to affect the visibility of the intersection. 10 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 . 11 . Offer for dedication to the Public for Public Utility Easements . 12 . Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 13 . A City standard fire hydrant shall be provided along the access way of Parcel 3 near the northern edge of Parcel 1 . Design and location to be approved by the Fire Department prior to the recording of the final map. The hydrant shall be installed prior to the recording of the final map. 14 . 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. 15 . Approval of this tentative map shall expire two Years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm EXHIBIT E - Conditions of Approval Tentative Parcel Map 14-88 (AT 88- 108) 5050 Portola Road Davin/Cuesta Eng . July 19 , 1988 ( Revised by Planning Commission) 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 to and 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 . The access way to Parcel 3 shall be developed with a 20 ' -0" paved driveway or, to standards in effect . Plans and profiles shall be approved by the Community Development Department prior to the recording of the final map . The driveway improvements shall be installed prior to the recording of the final map . 6 . An engineered estimate for the cost of paveout along Portola Road frontages to 20 ' -0" from the centerline shall be submitted and approved by the City Engineer prior, to the recording of the final map . A contribution in an amount determined and in a form acceptable to the City Engineer to fund for future improvements to Portola Road shall be made prior to the recording of the final map. 7 . 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 . 8 . The applicant shall deposit with the Director of Public Works a dollar amount determined by the Director• of Public Warks , which shall be utilized for the future development of improvements for, the implementation of a Routes to School Plan for• Atascadero High & Monterey Road Schools . • • 9 . Address identification signs shall be approved as a part of the improvement plans or• issuance of building permits . The signs shall contain 411 ( inch) reflective address numbers for each residential unit served by a driveway . The signs shall be located on the right hand side of the drive way and shall be placed so as not to affect the visibility of the intersection . 10 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 . 1 1 . Offer• for dedication to the Public for, Public Utility Easements . 12 . Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map . 13 . A City standard fire hydrant shall be provided , design and location to be approved by the Fire Department prior to the recording of the final map . The hydrant shall be installed prior to the recording of the final map . 14 . 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 . 15 . Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior• to the expiration date . JM/jm EXOIT B - MINUTES EXCERPT! JULY 19, 1988 13-88 and recise Plan 2 88 subject to the findings and onditions ntained in the staff report . The mo 'on carri d P 4 . 2 with the following roll call vote: AYES : Commissio s Michielssen, Kidwell , Lopez-B on ' n , and Chairperson Nolan NOES : Comm' ssioner•s To y and Bond Chairperson called a ecess at 9 :40 p .m. meeting reconvened at 9 : 52 p .m. 5 . TENTATIVE PARCEL MAP 14-88 : Application by Ed Davin (Cuesta Engineering) to subdiv- ide two ( 2) lots totaling 5 . 68 acres into three ( 3) parcels of 2 . 28 , 1 . 5 , and 1 . 5 acres each . Subject site is located at 5050 Portola Road . Mr . Moses presented the staff report on this matter noting staff ' s recommendation for approval . John Falkenstien , agent for the applicant , spoke in support of the application . Regarding Condition # 13 , he requested that the first sentence pertaining to location of the fire hydrant be allowed to be worked out with the applicant and Fire Department rather, than having a specific location . With regard to .Condition #8 , he asked that the dollar amount be specific . Regarding Condition #5 , Mr . Falkenstien referenced the Subdivision Ordinance pertaining to flag lots . He asked that this condition be changed to require that the accessway be paved to driveway standards rather than 20 feet . He asked that the driveway be allowed to be developed in accordance with requirements in effect at time of the development . Mr . Moses addressed Mr . Falkenstien ' s concerns with Conditions #5 , #8 , and # 13 . Mr . Falkenstien further asked for modification to Condition #6 so that all the normal avenues be available to the applicant in satisfying this requirement . Discussion followed . There was no public testimony . MOTION: Made by Commissioner, Bond , seconded by Commission- er Tobey to - approve Tentative Parcel Map 14-88 subject to the findings and conditions contained -K in the staff with the following modifications: 115. The access way to Parcel 3 shall be developed with a 20 ' -0" paved driveway or to standards 5,. • • i in effect. Plan and profiles shall be approved by the Community Development Depart- ment prior to the recording of the final map . The driveway improvements shall be installed prior, to the recording of the final map . " 1113 . A City standard fire hydrant shall be pro- vided , design and location to be approved by the Fire Department prior to the recording of the final map. The hydrant shall be installed prior to the recording of the final map . " 6 TENTATIVE PARCEL MAP 15-88 : Application by David Carr (North Coast Engineering) to convert an approved but not yet onstructed 4-unit ltiple family complex into four a rspace residential co dominiums . Subject site is loc ed at 8425 Amapoa . Mr . Moses resented the staff report n this request recom- mending appr val subject to certain onditions. Jelin M@ci_ rt hy ' th N®rzth 6_@@0 gn roc@Fi Rg i F@pr@s@Hti n9 1h@ applicant , conc red with the recommended conditions of approval . Glen Lynch , Paso Robl s resid nt , stated he owns apartments on Amapoa and is not o osed to condominium conversions . He expressed concern with t e ondition of Amapoa Road and felt the City needs some sor of plan in improving Amapoa . He added that the commercial velopments on Morro Road seem to impact Amapoa with req-Br to ar•king , trash enclosures , etc . Mr . Moses responded to Mr . nch ' s concerns stating that development of time rames for 'mproving Amapoa would be better addressed t rough the Pub is Works Department . Mr . Lynch pointed out here are two to that are delaying the finishing of p ing and referenced development fees which should be recalled from developments ong Amapoa in order to make the ne essary improvements . There was iscussion among the Commissi n concerning the need for st eet improvements ; time frames or people who have bo ed for road improvements ; roa maintenance agreemen etc . Mr . Engen noted he would irect these concern to the Public Works Department . - MOTIO Made by Commissioner Bond , seconded by Com fission- er Tobey to approve Tentative Parcel Map 15-88 subject to the findings and conditions cont ined in the staff report . The motion carried 6 : 0 . • MEET! L(_,Lr-) AGENDADA rtEM • 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 SUBJECT: TENTATIVE PARCEL MAP 15-88 LOCATION: 8425 Amapoa APPLICANT: David Carr (North Coast Engineering) REQUEST: To convert an approved, but not yet constructed, four unit apartment complex into residential condominium units . BACKGROUND: • At its July 19, 1988 meeting, the Atascadero Planning Commission conducted a public hearing on the condominium conversion request. On a 6 :0 vote, the request was approved subject to the findings and conditions contained in the attached staff report. There was some discussion and testimony given as reflected in the attached minutes excerpt. RECOMMENDATION: Approval of Tentative Parcel Map 15-88 per the Planning Commis- sion' s recommendation. HE :ps cc: David Carr North Coast Engineering Enclosures: Exhibit A - Staff Report dated July 19, 1988 Exhibit B - Minutes Excerpt dated July 19, 1988 • EXHIBIT A -- STAFF REPORT i JULY 19, 1988 CITY OF ATASCADERO STAFF REPORT FOR : Planning Commission Meeting Date : July 19 , 1988 BY : Joel Moses , Associate Planner, File No: TPM 15-88 SUBJECT: To convert an approved , but not yet constructed four (4 ) unit apartment complex into residential condominium units . A. SITUATION AND FACTS : 1 . Applicant . . . . . . . . . . . . . . . . . . . .David Carr 2 . Representative . . . . . . . . . . . . . . .North Coast Engineering 3 . Project Addr,ess . . . . . . . . . . . . . . 8425 Amapoa • 4 . Legal Descr•iption . . . . . . . . . . . . Lot 31 , Blk . DC , Atas . Col . 5 . Site Ar,ea . . . . . . . . . . . . . . . . . . . . 0 . 35 acres 6 . Zoning . . . . . . . . . . . . . . . . . . . . . . RMF/ 16( FH) ( Resident Multiple Family 16 units per acre) 7 . General Plan Designation . . . . .High Density Multiple Family 8 . Existing Use . . . . . . . . . . . . . . . . .Apartment complex under construction 9 . Environmental Status . . . . . . . . .Categorical Exempt (Class 1k) B. ANALYSIS: The proposed Tentative Parcel Map requests the conversion of an approved , but not constructed four, (4) unit apartment complex into residential condominiums . The map also contains a common lot for, the underlying site . Precise Plan 9-87 was approved by the City on April 22 ,r1987 . • The approval carried with it 11 conditions . The approval applied standard conditions for, development within the Amapoa/Tecor•ida drainage area , standard Public Works conditions , and some minor 1 revisions to the site plans . The proposed map meets all site design conditions of the Precise Plan approval . Comments were received from several outside agencies . Our, Fire Department and Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels . The Southern California Gas Company has noted that the site can be served by an existing 2 inch main in Amapoa . If additional gas mains are installed , they will need to be within the Public Right-of-Way or within approved easements . The Atascadero Mutual Water• Company has asked that separate water, meters be provided for• the individual units . Building permits have been issued for the project , and construction started . C . RECOMMENDATION : Staff recommends conditional approval of Tentative Parcel Map 15- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D . i ATTACHMENTS : Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for, Approval Exhibit D - Conditions of Approval JM/jm i 2 EXCEIBI T B - TENTATIVE MAI •�IAI ;'h. . ' • y; CITY OF ATASCADERO Tentative Parcel Map 15-f 191;! -•it tN7s � 8425 Amapoa sCAD- COMMUNITY DEVELOPMENT Carr/.-forth Coast Eng. Vol DEPARTMENT ® .\'ORT/T COAST F..\'Ll.\'F.1: 113)•.•St SUfI[0,FASA APIlL9.)!)-t.)1 LOT 'G TENTATIVE i I MAP 7� �y PARCEL MAP AT 88-112 LEGEND BEING A ONE LOT SUBDIVISION fzt FOR CONDOMINIUM PURPOSES OF —RayPar.�.tec ` Q n� nAH Mote T LOT 31 IN BLOCK DC OT ATASCAOCRO.IN M[CIiY Or It —1 tel( _ OM. LAK[wP xw.a FF 699.3 �!• ,� ATASCADERO,COON iY Of SAN LUIS 091SP0. STA TC Fr Ur 1 CALIFCRNIA,ACCCRDINC TO THE UAP PECCRCEp R.f. wvui�•ucvwitw Z I _UNIT A � OCT06ER 21, 1911 111 BOOK 1,PACC 53 OF.-S.IN • 1 ` THE OFFICE OF THE CIX/NTY RECORDER OF SAID CW/IIr rsnW —1 ead9 L•s r..•.•.e wn..,R C T 2 LOT 31 e t I v 15084 F, (A.P. 31-3 I-Idl' -"- Q FF.Bl9! ...T C. UHT O ° •a[[•a[rrt'r.r 41 K yK 160. 3 .er.PdlP.. )e•' I fl VICINITY MtP 0 10 20 .0 LOT 32 � SCALE i'.20' OWNER'S CERTIFICATE .y" 1 n«wy wdy 1 _• - \ , ✓ � UN LOTTABLE EASEMMS ,1mN9e•d P•:a .1PmPm°I .v[d1.".1ee neelad . �0 th1t •'< In• 1°f:^ •AHI 113 DEEDS 56-ATASCAOERO MITUAL Uvt—--t 1e I.•eest et mr•ne.ltaq•ma b-'t ? - WATER COMPANY 9 1 1-' - a F •e 114 O.R.369-COLONY HOLDING • Po.m •f•ae -Q� 577E CORPORATION Aaa•• R.te.[O.nM 11AY10 C4RR0 ENGINEER'S CERTIFICATE /.: c I 1 a.�;w MI1,Inst 1n.•a, a w9•'U• end le In•a-wa..I��wW9."ce`T,�w let a.:.wa e. y s'•. t,s oe:•ee LamtF ]Il•102 SiEKN,L K -a A.C.f 79)1]CLP.]/91 D.n 9KCItd I i t WAI NO 100 FM NO MIN i�moi• ®'��►li�i'�. �.� � �� . wwwwo � ' 1 ■.. 0 EXHIBIT A -- STAFF REPORT JULY 19, 1988 CITY OF ATASCADERO STAFF REPORT FOR : Planning Commission Meeting Date : July 19 , 1988 BY : Joel Moses , Associate Planner• File No: TPM 15-88 SUBJECT: To convert an approved , but not yet constructed four, (4) unit apartment complex into residential condominium units . A. SITUATION AND FACTS : 1 . Applicant . . . . . . . . . . . . . . . . . . . .David Carr 2 . Representative . . . . . . . . . . . . . . .North Coast Engineering • 3 . Project Addr,ess . . . . . . . . . . . . . . 8425 Amapoa 4 . Legal Descr,iption . . . . . . . . . . . . Lot 31 , Blk . DC , Atas . Col . 5 . Site Ar•ea . . . . . . . . . . . . . . . . . . . . 0 . 35 acres 6 . Zoning . . . . . . . . . . . . . . . . . . . . . . RMF/ 16( FH) ( Resident Multiple Family 16 units per acre) 7 . General Plan Designation . . . . .High Density Multiple Family 8 . Existing Use . . . . . . . . . . . . . . . .Apartment complex under construction 9 . Environmental Status . . . . . . . . .Categorical Exempt (Class 1k) B. ANALYSIS : The proposed Tentative Parcel Map requests the conversion of an approved , but not constructed four• (4) unit apartment complex into residential condominiums . The map also contains a common lot for the underlying site . Precise Plan 9-87 was approved by the City on April 22 , 1987 . The approval carried with it 11 conditions . The approval applied standard conditions for, development within the Amapoa/Tecor•ida drainage area , standard Public Y1or•ks conditions , and some minor, 1 i revisions to the site plans . The proposed map meets all site design conditions of the Precise Plan approval . Comments were received from several outside agencies . Our• Fire Department and Building Division noted no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels . The Southern California Gas Company has noted that the site can be served by an existing 2 inch main in Amapoa . If additional gas mains are installed , they will need to be within the Public Right-of-Way or within approved easements . The Atascadero Mutual Water Company has asked that separate water meters be provided for the individual units . Building permits have been issued for• the project , and construction started . C . RECOMMENDATION : Staff recommends conditional approval of Tentative Parcel Map 15- 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 0 EXHIBIT C - Findings for, Approval Tentative Parcel Map 15-88 8425 Amapoa Carr/North Coast Engineering July 19 , 1988 FINDINGS 1 . The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation , densities and other• policies . 2 . The creation of these parcels , is exempt from environmental review. The conversion of existing apartments to condominiums is a Class 1k exemption per the State of California Environmental Quality Act . 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 i n j ur,e 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 ar•e 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 15-88 8425 Amapoa Carr/North Coast Engineering July 19 , 1988 CONDITIONS OF APPROVAL 1 . The applicant shall establish Covenants , Conditions , and Restrictions (CC&Rs) for the regulation of land use , control of nuisances and architectural control of the site and the buildings . a . These CC&Rs shall be submitted for• review and approval by the City Attorney and the Community Development Director prior to the approval of the final map . b . These CC&Rs shall be administered by a Condominium Owners Association . 2 . The open space/common lot shall be designated as a Public Utilities Easement . • 3 . A soils report or an Engineer ' s certification stating that the existing soils on the site are adequate to support the proposed structure as per• Chapter• 70 , subsection (e) of the Uniform Building Code shall be provide prior to the recording of the final map . 4 . All conditions imposed on the project by Precise Plan PP : 9-88 and issued building permits pertaining to public improvements shall be satisfied prior to the recording of the final map . Improvements shall not be bonded for to allow for the occupancy of the buildings . 5 . The applicant shall pay all sewer• fees in effect prior to the recording of the final map . 6 . Water• shall be obtained from the Atascadero Mutual Water• Company . Separate services shall be provided to each unit prior, to the recording of the final map or the final building inspection which ever• comes first . 7 . 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 . 8 . All relocation and/or alteration of existing utilities shall i be responsibility of the developer , at his expense . 1 • 9 . Road improvement plans prepared by a Registered Civil Engineer, shall be submitted to the Community Development and Public Works Departments for• nevi ew and approval , pHor, to the constr,ucti on of the improvements , or• prior to r,ecor,di ng of the final map , or prior to the issuance of any building permit , which ever, comes first . Plans shall include , but not limited to a . Amapoa Road : Design shall include City standard curb , gutter , 5 ' -0" sidewalk and additional paveout , width to be determined by the City Engineer not to exceed 18 ' -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 . 10 . Construction of the public road improvements shall be completed or bonded for, pr•i or• to the r-ecording of the final map , or prior• to the final inspection of a building , if approved by the Community Development and Public Works Departments . 11 . Drainage Facilities shall be constructed to City of Atascadero Standards . All work shall be completed or bonded for . prior• the final building inspection or• the r,ecor•di ng of the final map . A 10 ' -0" drainage Easement along the rear property line shall be offered for dedication to the City of Atascadero. Offer shall be consented to, but not accepted . 12 . A Drainage 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 and a note to this effect shall be placed on the final map . 1 3 . Offer, of dedication; to the City of Atascadero the following rights-of-way and / or easements : Street Name : Amapoa Road Limits : 23 ' -0" from center, line to edge of right-of-way along lot frontage 14 . Offer for• dedication to the Public for• Public Utility Easements . 15 . Offers of dedication shall be completed and r,ecor,ded 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 . 2 • 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 3 XHIBIT B - MINUTES EXCERPT JULY 19, 1988 in effect. P1 and profiles shall be pproved by th Community Development Depart- me prior t the recording of the final map . The . ve y improvements shall be installed prior t e recording of the final map . " 1113 . A ty standar ire hydrant shall be pro- ided , design and 1 tion to be approved by the Fire Department pri to the recording of the final map. The rant shall be installed prior to the records of the final map . " 6 . TENTATIVE PARCEL MAP 15-88 : Application by David Carr (North Coast Engineering) to ' convert an approved but not yet constructed 4-unit multiple family complex into four airspace residential condominiums . Subject site is located at 8425 Amapoa . Mr . Moses presented the staff report on this request recom- mending approval subject to certain conditions. 0 John M@gar•thy With Norzt h 66@0 €n9i n@@ei n9 1 -s�fl�i H� the applicant , concurred with the recommended conditions of approval . Glen Lynch , Paso Robles resident , stated he owns apartments on Amapoa and is not opposed to condominium conversions. He expressed concern with the condition of Amapoa Road and felt the City needs some sort of plan in improving Amapoa . He added that the commercial developments on Morro Road seem to impact Amapoa with regard to parking , trash enclosures , etc . Mr . Moses responded to Mr . Lynch ' s concerns stating that development of time frames for improving Amapoa would be better addressed through the Public Works Department . Mr . Lynch pointed out there are two lots that are delaying the finishing of paving and referenced development fees which should be recalled from developments along Amapoa in order, to make the necessary improvements . There was discussion among the Commission concerning the need for street improvements ; time frames for people who have bonded for road improvements ; road maintenance agreements , etc . Mr . Engen noted he would direct these concerns to the Public Works Department . MOTION : Made by Commissioner Bond , seconded by Commission- er Tobey to approve Tentative Parcel Map 15-88 subject to the findings and conditions contained in the staff report . The motion carried 6 : 0. MEET1 GENDA DAT ITEM! -1 • 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 , SUBJECT: Request for recruitment: Construction Board of Appeals BACKGROUND: We have just received the resignation of Michael Bewsey from the Construction Board of Appeals . He had been the chairman and served as a general contractor representative on the five person group. In addition, the public representative, David Walters, appears to have left town without having resigned from the Board. We have sought to contact him by certified letter requesting clarification of his status without result. He has missed the last three meetings of the Board. RECOMMENDATION: 1 . Formally remove Mr. Walters as a board member. 2 . Direct the City Clerk to recruit for interest for appointment to the Board of Appeals for a general contractor and public representative member with closing date for applications to be August 26, 1988 . Thereafter, we would schedule interviews at the convenience of the Council for action to replace two members . HE:ps cc: David Baker, North County Contractors Association Enclosure: Letter of resignation * 0 0 Bewase Y Construction Company State License Number 287715 (805) 466-4649 5700 DOLORES AVENUE JIUL 4. iutj3 ATASCADERO, CALIFORNIA 93422 Community Development Department P.O. Box 747 Atascadero, California 93423 Attn: Henry Engen July 27, 1988 I regretfully submit my resignation from the Atascadero City Board of Appeals. Business and 4family interest no longer allow me the time to serve the board properly. Respectfully submitted, Michael D. Bewsey MDB/kit David R. Walters Al . 5 jz.F16gAj?4q AtP.O. Box 960 OF 0W16 ascadero, CA 93423 � ` n ■O - •4 A 2 August 1988 R AUG 51988 A COMMUNITY DEVELOPMENT Community ,Development DirectorIN. �t 'City of Atascadero` kn, i o a x p, asS 'yt r s . . P.O. Box 747 , f , z Atascadero, CA 93423 3-4, Dear Mr. Engen: 'sx -:rws•s } tkt Please accept my resignation from theCONSTRUCTION oAl � � ' BOARD of APPEALS, due to the fact that my employment has .'' changed my place of residence. ' '�, `�' _ 'tea ro Sincerely, • F i °'�FYr rrlw�3* y '3. 7 6 r�r`fi a' f`R•�. David R. Walters 1 o �v a ft it kxxXz r zYrfi: F y�h wdw s�, b • h ,k MEETtN AGENDA DAT � ITEM N • MEMORANDUM TO: City Council THROUGH: William Hanley , Interim City Manager FROM: Pau Sensibaugh , Director of Public Works SUBJECT : Authorization to Bid - 1988-89 Overlay Project DATE: August 2 , 1988 Recommendation : It is recommended that Council accept the plans and specifications , and authorize staff to advertise for bids for the 1988-89 Overlay Project . Background: The project proposed to be let out to bid includes an • asphalt overlay of various city-maintained streets , Discussion : The work proposed is part of our annual resurfacing program and has been previously approved during the budget process . Attached is a list of streets to be resurfaced. Fiscal Impact : Approximately $575 , 000 is budgeted in F.Y . 1988-09 for this project . • • 1988-89 OVERLAY 1) Olmeda from San Jacinto to Traffic Way 2) Ardilla from Atascadero Mall to San Anselmo 3) Venado from Ardilla to Santa Lucia 4) Santa Ynez from Morro Road to Morro Road 5) Navajoa from Santa Ynez to Curbaril 6) Cristobal from Santa Ynez to Curbaril 7) West Front from Portola to Santa Rosa 8) Portola from Morro Road to West Front 9) San Gabriel from Morro Road to Atascadero Avenue 10) Atascadero Avenue from Morro Road to Curbaril 11) Capistrano from West Mall to Hospital Drive • • 7 �,:±"• :i 1 ale Rsed .\`\� e - ATASCADELm-jt�� s B �o 101 qd .;b +r ♦ a D v . S. - �` .y ♦°y I/ °v �'►� Ann.,� � ;, � ' V• Ce �Ie•� � ti a :a pe, ,•, 1` 41 a �`• a i 41 •-� � • fir. >i _ • � - R.N..1.L'a- _. • - /� ae..a•• d -� \`w[.•.i,/ uutuc f •.rp.n Aw. n �.. -i —tet--- •- o. •• J;` i ' r. A.. as.l .! ia•i-• J _-�ate., V �1 p F r_� �' i ♦� •..p S��•e• ;/: f a ' t•"• AfASCADERO IA ♦ �: G' r . o J e > � .�•I •; o -. BARK Hi ILO C. .0 _ �\ enol° AO •��w o 0 r,,..+•n rAe•Cuvr l at➢.1/'.t.v.ygP C14- . MEETI , ' AGENDA ITEMI • 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 RE : Road Vacation of a portion of San Benito Road BACKGROUND: The Streets and Highways Code requires the City Council to adopt a resolution of intent to vacate a public road or easement in order to have a public hearing to consider the matter. As this resolution indicates, the public hearing is to be held on August 23, 1988. RECOMMENDATION: • Approve the attached resolution and set a public hearing date of August 23, 1988 for Road Abandonment 2-88 and 3-88 (San Benito Road) . HE:ps Enclosure: Resolution No. 86-88 • • RESOLUTION NO. 86 -88 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CONSIDERING INTENT TO VACATE A PORTION OF SAN BENITO ROAD PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 (ROAD ABANDONMENT 2-88 & 3-88) WHEREAS, Streets and Highways Code Section 8320 requires that the Council shall, by resolution, advise of its intention to vacate a street described as follows : A portion of San Benito Road from El Camino Real to the Freeway adjoining Lot 1, Block 23 and Lot 13 , Block 18, Atascadero Colony (as shown on the attached exhibit) . WHEREAS, pursuant to Government Code Section 65402, the City Planning Commission has recommended to the Council its finding that the vacation of a portion of San Benito Road is in confor- mance with the General Plan; and WHEREAS, pursuant to Streets and Highway Code Section 2381 , the • City Planning Commission has recommended to the Council its finding that this portion of the San Benito right-of-way is not suitable or useful as a non-motorized transportation facility; and NOW, THEREFORE, the Council of the City of Atascadero resolves as follows: 1 . The City Council shall hold a public hearing on August 23, 1988 to consider a Resolution of Vacation at which time all persons interested in the proposed vacation may be heard. 2 . The City Clerk shall cause the notice of this public hearing to vacate this portion of the Marchant Way right-of-way to be published in the same manner as other resolutions of this Council. 3 . The Clerk shall execute and file an affidavit, as proof of publication of the notice of public hearing to vacate. 4 . The Director of the Community Development Department shall forthwith cause to be posted, conspicuous notices of vacation in compliance with Streets and Highways • Code Section 8323 . As proof of the posting of the notice, the Director of the Community Development Department shall execute and file an affidavit setting forth the facts of the posting in detail, as to time and manner. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held August 9, 1988 . BONITA BORGESON, Mayor City of Atascadero, California AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: William Hanley, Interim City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney HENRY ENGN, ComrWity Development Director EXHIBIT A LOCATION MAP 5�. . � • • y ,� CITY OF ATASCADERO Road Abandonments 2-888E 1, 'r:.- San Benito Road between E F,�: COMMUNITY DEVELOPMENT Camino Real and the Freeway DEPARTMENT 1p CA AWA w m Q a q/ 4 Road Abandonment 2-88�& 3-88 MS ad j o ining Lot 1, Blk 23 & Lot 13, Blk 18 Atas. Col. s C tiwy i /p/ �Qf O ~ Z cc � ) ILL• RS C 1 l CAA,,,0 E4` �O i� H) _ S PC" MVO——__`RMD=\ c 1 11 I r ROA \\ ROAD 1 1 r 1Q G ApiCOP 7 ci 01. ` L� T —_ 1 iEET! /c /�� AGEt7A E—Z DAT£' -�tL-- ITEM# ..,,.......,_ • I 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 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 is the language from the Tree Ordinance relative to removal of heritage trees : 112 . Tree Removal 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 RECEIVED O 8 1888 August 3, 1988 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 design 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 Michael Hicks SII - ��_•..psi • p . • l - Ori snow ji logo", Jim �� . �iREV., ■ i I'� O"M;7�//�/��r.��I��►ii� nmw �uW Ipso � �� ...=g � v�►�;�� .� �� ` �: ••�-�� . �r///• .iii t I i►� u , - ADMINISTRATION BUILDING .-.�.� POST OFFICE BOX 747 ATASCADERO. CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805) 466-8000 POST OFFICE BOX 747 CITY COUNCIL �� ATASPHONEO.(CALI�6R 61 A 93423 0 CITY CLERK CITY TREASURER INCORPORATED JULY 2, 1979 ~~� CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO, CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 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 Trees" 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 bili the trees must be cer 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 by: Jon cklund, 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 1R Block IB Book 30-31, Aguila Avenue, Atascadero, California 93422 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, heolthier 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. Tree Removal Review & Recommendation Lot 9, Block 8 . page 2 Book 30-31 - Hicks 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 7 MO /Michael Hicks D to OWNER/Patricia IdEcks Date Pejrtified k Brazeal Date Arborist WCISA #163 JB:pb 072188:01 • %v �� , � �� .i�� L-1 01"'fvscc'�l J� - � l , s G Ui � 1 Lbs Loc l� A 9 T� )eheAt Alva S3HTO Lvci.A RD. •.a � Ri,.�•b�'t...�.. �i:� _t_ � j.. �may}. _ i'��a, �• ., •° lei.-'�'i�`� � .�. ' �� ;. fit: '" �. "�•'�'j. _ - - e��1� i 4 Mr x AL AV sir'� ��.. � �• �: 't ,•� � :� � tom`„40 4.<iY �� /� /t•' a � �"�1'`y��+ '�'��Vii: � �v �'` } :�. I it • J � � �� r .e a'C f'�r.,: ,fes .ts'�f ►�' �' � ,� i . �� i`'*!'mow' •� �s� �'t��.`� C� ��y�� _•'� ��..�'`'�!� f ay � i}�'� = ♦��..i.�� _r�►: y� �-aY=� �Z f��'ft^'• �i`''r,�4: vM '. �• 't� � ' 'i `�” ,(. 7 Y �- `�•�` S :� A r�ed�* �YI ,�e V ��7"iC �h � '�. � .-•a9 3� `. - �: �' �".�� :/ter �'si�� * �t.s�Z '�1' 'j1k hT' 4.-. P! l;r� �fe-. `� ♦. � - e� y.41• �4 RQ., y' -�1. I ((• '�...,. ?�Q r RECEIVED ;lug THE TREE COMMITTEE ADMINISIRATION BUILDING P. O. BOX 747 AIASCADERO, CA 913423 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 . 0�1 V74' 1!br4o S ubbie Fasig 41 Barbara Shoenike Tree Committee Member Tree Committee Member cc : J. Brazeal, certified arborist 0 THE IREE COMMIITEE ADMINISIRAIION BUILDING P. O. BOAC 747 AIASCADEROr 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 '*M EYi AGENDA DAT ITEM N �- • 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 SUBJECT: ZONE CHANGE 15-87 (Michael Frederick/Mike Yeomans) 9240 Vista Bonita BACKGROUND: At their regular meeting of July 26, 1988, the City Council approved the above-referenced zone change on ordinance No. 180, first reading. RECOMMENDATION: Approve Ordinance No. 180, second reading, by: 1) Reading by title only. 2) Approving Ordinance No. 180 HE :ps Attachment: Ordinance No. 180 ORDINANCE NO. 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 ATTEST: BOYD C. SHARITZ, City Clerk APP 97 AS T COPTENT: WILLIAM HANLEY Irk erim, City Manager APPROVED AS TO RM: rEPAEY/jOR NS , City Attorney RED B . HE R ENG N, Community evelop e t Director • EXHIBIT A -- ORDINANCE 180 ZONE CHANGE 15--87 CITY OF ATASCADERO RSF—Z & RSF—Y TO RSF—Z CPD 7) & RSF-Y CPD 7) COMMUNITY DEVELOPMENT.IDF YEOMANS/FREDERI CKS s{. DEPARTMENT 1 — ZONE CHANGE 15-87 R F•Z YEOMANS/FREDERICKS RSF—Z & RSF—Y f�� MF-4( g� TO RSF-Z(PD 7) & RSF-Y(PD 7) o R Fns It RSF• (PD7) F< ��,� f( TSO � s • \��\ aS � // \ Tp /gyp � 4p < p •o I o 0 \\ < 4'Vf Is Ra / �, T T � C R" cs � �4\\fR0 cr lF,, --R-s �IVE \ ^ 2 i • i .,�, CI EXHIBIT B ORDINANCE180 TY OF ATAS CADERO 8 a '�' ' 11my' ZONE CHANGE 15-»87 1110 1979-7.e�.� RSF--Z & RSF—Z TO RSF--Z ` asCD 4 COMMUNITY DEVELOPMENT & RSF—Y CPD 7� CP DEPARTMENT YEOMANS/FREDERICKS C —CQhU1jU1V!TV DEVELQi r.l �\\ TRACT 1562 TENTATIVE MAP CHALK MOUNTAIN.A(ASCADERO '�•• •• f LOT 5 • I "{ w�"• \ / `tom LOTS r. \ .,✓�rr,+ac \ \` `I 1 OF'5 LOTS \ `\ LOT-1\ � LOT 7 ---_ ,_ � :., . .,... ,wrr., /ACE-. __ .at.• .� 6 30 r , _ I' 1 TRACT 1562 - � 1 `�_ I1 19 •Y9 2I 22 2J { -05 C� '�' 2-i __- _ 1":00' VICINITY MAP a10EETING/ ",pAGENDA �J DATET2Z9,!df¢ ITEMM Resolution No. 87-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY TO ENTER INTO A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR THE SALE OF THE TRAFFIC WAY SURPLUS LOT (APN 29-091-06) TO WILLIAM H. AND ALICE M. CARROLL. WHEREAS, the City is desirous of selling an existing unimproved lot, commonly known as the Traffic Way surplus lot (APN 29-091-06) ; and WHEREAS, said lot is surplus to the City's needs; and WHEREAS, the City and buyers have negotiated a Purchase Agreement and Escrow Instructions for the sale of said lot pursuant to Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the terms of said Purchase Agreement and Escrow Instructions are acceptable to the buyers and City; and • WHEREAS, pursuant to Government Code Section 65402 (a) , the Planning Commission of the City of Atascadero has considered the proposed sale of said lot and found that the sale of said lot is consistent with the City's General Plan; and WHEREAS, the City Council of the City of Atascadero has received and accepted the report of the Planning Commission concerning General Plan consistency for said lot; and WHEREAS, the sale of said lot will not have a significant adverse environmental impact, and the negative declaration prepared for the project is adequate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that the Mayor and City Clerk are hereby authorized to execute the Purchase Agreement and Escrow Instructions (attached hereto as Exhibit "A" and incorporated herein) on behalf of the City for the sale of the Traffic Way surplus lot (APN 29-091-06) ; and BE IT FURTHER RESOLVED that the Mayor and City staff are hereby authorized and directed to take any and all steps necessary to carry out the terms and conditions of said Purchase Agreement and Escrow Instructions. RESOLUTION NO. 87-88 • Page 2 PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held August 9, 1988 by the following vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, ATASCADERO By BONITA BORGESON, Mayor ATTEST: • BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN Cit Attorney Y Y APPROVED AS TO CONTENT: WI"HANLEY, erim City Manager JGJ:fr C:RSATA663 • PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Dated: , 1988 This Purchase Agreement and Escrow Instructions (hereinafter referred to as "this Contract") , executed by and between THE CITY OF ATASCADERO, a municipal corporation of the State of California (hereinafter referred to as "Seller") and WILLIAM H. CARROLL and ALICE M. CARROLL, husband and wife, as community property (hereinafter referred to as "Buyer") constitutes (i) a grant of right by Seller to Buyer to purchase and acquire from Seller, as hereinafter provided, the unimproved real property located in the City of Atascadero, San Luis Obispo County, California, more specifically described in Exhibit "A" attached hereto and incorporated herein by reference, and commonly known as the Traffic Way surplus lot, APN 29-091-06 (hereinafter referred to as the "Property") , (ii) a contract between Seller and Buyer on the terms and conditions of the sale and purchase of the Property, and (iii) escrow instructions to Ticor Title Insurance Company of San Luis Obispo, California (hereinafter referred to as "Escrowholder") , the escrow created by this Contract being referred to as the "Escrow". 1 . h • 0 1. Grant. Seller does hereby grant to Buyer the right, and Buyer hereby agrees, to purchase and acquire the Property through the Escrow in consideration of the payment to Seller of the purchase price of $98,000.00 (hereinafter referred to as the "Purchase Price") , and upon such other terms and conditions as are hereinafter set forth. 2. Purchase Price. The Purchase Price of $98, 000. 00 as specified in Paragraph 1 shall be payable by Buyer to Seller as follows: (a) The sum of $1, 000. 00 on execution of this Contract, payable by cashier's check as a deposit to be applied to the Purchase Price at the close of Escrow, receipt of which is hereby acknowledged, and which shall be deposited into Escrow. (b) The further sum of $22, 000. 00, which shall be deposited into Escrow in cash or by cashier's check during business hours at least one (1) business day before the close of Escrow. (c) Buyer's Promissory Note in the amount of $75, 000. 00, in a form acceptable to Escrowholder, for the balance of the Purchase Price, bearing interest at nine percent (9%) per year from the close of Escrow, payable in quarterly installments of $1, 687.50 or more, without prepayment penalty, beginning one (1) month after the close of Escrow, and continuing for a period of three (3) years from the close of Escrow, at which time the principal and interest 2 .r then remaining shall be all due and payable, unless sooner paid, or upon sale or other transfer, in which event the entire amount then remaining shall be all due and payable. (d) The Note is to be secured by a First Deed of Trust on the property in a form acceptable to Escrowholder. (e) As additional and separate consideration for the Purchase Price (independent from and outside the Escrow contemplated herein) , Seller shall, within six (6) months of the close of Escrow, process a lot line adjustment, at Seller's expense, to adjust the western boundary of the property to make a straight line as shown in red on Exhibit "B" attached hereto and incorporated herein by reference. 3 . Opening of Escrow. An escrow shall be opened to consummate the sale and purchase of the Property pursuant to this Contract at Ticor Title Insurance Company of California, 1212 Marsh Street, P.O. Box 810, San Luis Obispo, California 93406, telephone (805) 543-2900, within ten (10) days of the date of execution of this Contract. The provisions of this Contract shall constitute joint instructions to Escrowholder; provided, however, that the parties shall execute such additional instructions as required by Escrowholder not inconsistent with the provisions hereof. 4. Escrow Closing Date. The sale and purchase of the Property shall be consummated through the Escrow, which shall close no later than November 8, 1988, or ninety (90) days from the date of execution of this Contract, whichever 3 t r occurs later (hereinafter referred to as the "Escrow Closing Date") . 5. Grant Deed. Seller shall, when requested by Escrowholder, deliver to Escrowholder prior to the Escrow Closing Date, a deed in the form of Exhibit "C" attached hereto and incorporated herein by reference (hereinafter referred to as the "Grant Deed") , duly executed and acknowledged by Seller, conveying the Property to Buyer by fee simple interest, free and clear of all title defects, liens, encumbrances, deeds of trust, mortgages, and taxes. 6. Title Condition. Buyer agrees to take title to and possession of the Property, subject to (i) the conditions, covenants, restrictions, and reservations set forth in the Grant Deed, and (ii) the easements, rights, rights of way, covenants, conditions, and reservations of record described in Exhibit "D" attached hereto and incorporated herein by reference. 7. Escrow Closing. (a) Deposit of Funds by Buyer. Buyer shall deliver to Escrowholder at least one (1) business day prior to the Escrow Closing Date the balance of the Purchase Price ($22, 000. 00, and the Promissory Note specified in Paragraph 2 (c) above in the amount of $75, 000. 00) , the First Deed of Trust specified in Paragraph 2 (d) above, and the funds required of Buyer by Paragraph 8 as estimated by Escrowholder. 4 r. (b) Title Policy. On the Escrow Closing Date (or as soon as possible prior thereto) , Escrowholder shall close the Escrow by recording the Grant Deed, executed and acknowledged by Seller as provided in Paragraph 5, the First Deed of Trust as provided in Paragraph 2 (d) , disbursing funds and delivering documents when each of the following conditions precedent has been fulfilled: (1) All funds and instruments described in Paragraphs 2, 5, and 6 have been delivered to Seller, Buyer, and Escrowholder. (2) Escrowholder can procure Ticor Title Insurance Company of California standard policy of title insurance (hereinafter referred to as the "Title Policy") with liability in the amount of the Purchase Price insuring that title to the Property vests in Buyer subject only to the exceptions, easements, conditions, covenants, restrictions, reservations, rights, and rights of way set forth in the Grant Deed and Exhibit "D" attached hereto. (c) Delays. If Escrowholder cannot close the Escrow on or before the Escrow Closing Date, it will nevertheless close the same when all conditions set forth in the foregoing subparagraph (b) have been met, unless after the Escrow Closing Date and prior to close thereof Escrowholder receives a written demand for termination from a party who at the time of such demand is not in default hereunder. Making of such demand shall be optional, not mandatory. No delay in 5 t. making such demand shall affect the rights hereunder of the party making the same. In the event such demand is made upon Escrowholder, it shall return to each party the funds and/or documents theretofore delivered to it by such party, unless Escrowholder decides in its capacity as a reasonably prudent Escrowholder the protection of its interests requires otherwise. (d) Post Escrow Closing. Upon the close of Escrow, Escrowholder shall do the following: (1) Mail to Buyer at the address set forth herein (i) the Grant Deed after its recordation, (ii) the Title Policy, (iii) funds to which Buyer shall be entitled, if any, by Escrowholder's check, and (iv) such other documents to which Buyer shall be entitled. (2) Mail to Seller at the address set forth herein (i) by Escrowholder's check, the balance of the Purchase Price, less the amount of Seller's fees and costs described in Paragraph 8, and (ii) such other funds and documents to which Seller shall be entitled. 8. Escrow Fees and Costs. Buyer shall pay recording charges for recording of the Grant Deed and one-half (1/2) of Escrowholder's escrow fee. Seller shall pay one-half (1/2) of Escrowholder's escrow fee, cost of title search and title reports, premium for the Title Policy, and any applicable county and city transfer tax It is understood and agreed that Escrowholder's services are for ordinary and usual 6 services rendered by Escrowholder, and should there be any extraordinary or unusual services rendered by Escrowholder hereunder, Buyer and Seller shall pay to Escrowholder compensation for such extraordinary or unusual services, together with any costs and expenses which may be incurred by Escrowholder in connection therewith. 9. Possession. Buyer shall be entitled to possession of the Property upon the close of Escrow. 10. General. Should any controversy arise between the parties, or any other person, Escrowholder shall not be liable to take any action of any kind, but may withhold all moneys, documents, or other things deposited in the Escrow until such controversy shall be determined by agreement of the parties or by proper legal process. Escrowholder shall have no concern with, or liability or responsibility for, any covenants, representations, or agreements of the parties set forth in this Contract, or fulfillment of any conditions for close of the Escrow set forth herein. Each agreement and obligation of each party shall, if the context thereof requires or implies, survive and continue after the close of Escrow. The covenants and obligations of the parties contained in this Contract shall be binding also upon their respective permitted assigns and successors. Any written or oral, express or implied, agreement of any kind heretofore entered into between the parties is entirely superseded by this Contract, which constitutes the only and complete 7 agreement between the parties. No amendment of this Contract shall be of any effect unless and until the same is in writing, signed by the parties, and an executed copy (executed in counterpart or otherwise) is delivered to Escrowholder. The words "party" or "parties" used herein mean Buyer and/or Seller, as the context may require. All exhibits referred to herein and attached hereto are a part hereof to the same extent as if the same were set forth in full herein. Paragraph and subparagraph headings are for convenience only and shall not be construed to be a part of the text hereof. Funds shall be delivered to Escrowholder by cash or bank or certified check. Time is of the essence of each and every obligation of each party. No agreements or representations with respect to the Property have been made by Seller, except as are stated in this Contract. Buyer hereby acknowledges that Buyer has inspected the herein described property and all improvements thereon. This Contract shall not be assigned by either party without the express written consent of all of the parties hereto. 11. Notices. Any and all notices or other communications required or permitted by this Contract or by law to be served on or given to either party hereto, Buyer or Seller, by the other party hereto or by the Escrowholder, shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, Buyer or Seller, to whom it is directed, or in lieu of such personal 8 service, when deposited in the United States mail, first-class postage prepaid, certified mail (return receipt requested), addressed to Buyer, Mr. and Mrs. William H. Carroll, P.O. Box 1736, Atascadero, California 93423, or to Seller, attention City Manager, City of Atascadero, P.O. Box 747, Atascadero, California 93423 . Either party, Buyer or Seller, may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this paragraph. 12. Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning said Property, this Contract, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs in such litigation, which shall be determined by the court in such litigation or in a separate action brought for that purpose. 13. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, SELLER SHALL BE RELEASED FROM ITS OBLIGATION TO SELL THE PROPERTY TO BUYER AND MAY PROCEED AGAINST BUYER UPON ANY CLAIM OR REMEDY WHICH IT MAY HAVE IN LAW OR EQUITY; PROVIDED, . HOWEVER, THAT BY PLACING THEIR INITIALS HERE, BUYER: X11 - � SELLER: ( ) AGREE THAT SELLER SHALL RETAIN THE DEPOSIT AS ITS LIQUIDATED DAMAGES. IN ADDITION, BUYER • 9 a SHALL IMMEDIATELY CEASE ANY AND ALL OCCUPATION AND USE OF THE PROPERTY, AND VACATE THE SAME FORTHWITH. 14 . Late Payment. A late charge of $200. 00 shall be due on any payments tendered more than ten (10) days late. 15. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. IN WITNESS WHEREOF, the parties have duly executed this Contract in triplicate, one copy of which shall be delivered to Escrowholder. SELLER: CITY OF ATASCADERO APPROVED AS TO CONTENT: By �4'1z;wdllNL MayorCit Manager ATTEST: APPROVED AS TO FO City Clerk City Attorney BUYER: `William H. Carroll A'lic'e M. ,.arro JGJ: fr/8/8/88 C:AGATA661 10 Exhibit "A" Property Discription THAT PARCEL OF LAND KNOWN AS PARCEL 1 OF PARCEL MAP ATAL87-290, ACCORDING TO MAP THEREOF, RECORDED IN BOOK 43, PAGE 56 OF PARCEL MAPS, ALSO BEING A PORTION OF LOT 12 OF ADMINISTRATION PARK, ATASCADERO COLONY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, RECORDED IN BOOK 4, PAGE 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12; BEING A POINT ON THE CENTERLINE OF TRAFFIC WAY; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 12 SOUTH 61007'02"EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 61°07102" EAST 227.36 FEET; THENCE LEAVING SAID LINE SOUTH 28°55137" WEST 43.63 FEET; THENCE NORTH 82055146" WEST 105.00 FEET; THENCE SOUTH 84017' 15" WEST 110. 14 FEET; THENCE NORTH 57°34' 18" WEST 37.42 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF TRAFFIC WAY; SAID POINT BEING A POINT ON A 543. 10 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL LINE TO SAID CURVE BEARS NORTH 66003'20" WEST; THENCE ALONG THE ARC OF SAID CURVE 47.85 FEET THROUGH A CENTRAL ANGLE OF 5002'54"; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 28059'35" EAST 95.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.51 ACRES Exhibit "A" Property Discription -- U G=C°9605" L=G6.O?- Q a•S°07:5e" L EXHIBIT "B" 1 Lot Line Adjustment ,y- C) Q zo f n J3 PKN.A/[ (NO/QfCG!4P,' //c ACCE.177ED FOS L/4/Z7 L!' S l n',5:.�°cam•,+,-�, I ��'��tC� _ , ��j" � O%, � . i;�' '` fnUr'.!n 12 �P—A _ ,Gl {� BE//!/¢ Art' All 92 AT/9 : . ./ • /. •. LEGEND C /m-P%"CE :L . V Ar f• - ^' •� '� ."'�h" f: � f0U/6'J' '/Z1O,l'l/itE,4�� f'S/t/O.TL-C' . Prs'E, 9REL �A 7 �46_z _E/t/CES 6500 10OA« EXHIBIT "B" �' rt�1E e�69 !/IASCADE Recording requested by: When recorded mail to: Mr. and Mrs. William H. Carroll P.O.Box 1736 Atascadero, CA 93423 APN 29-091-06 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF ATASCADERO, a municipal corporation of the State of California, hereinafter referred to as "Grantor", hereby grants to WILLIAM H. CARROLL and ALICE M. CARROLL, husband and wife, as community property, hereinafter referred to as "Grantee", the real property situated in the City of Atascadero, County of San Luis Obispo, State of California, described as follows: [as per Exhibit "A"] EXHIBIT PC" Subjectrights-of-way, � to easements, . rights, and covenants, conditions and restrictions now of record. Executed on , 1988 at Atascadero, California. CITY OF ATASCADERO By Mayor ATTEST: City Clerk APPROVED AS TO CONTEN r Manager APPROVED AS TO FORM: City Attorney JGJ: fr/8/8/88 C:AGATA662 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On this day of 1988, before me, a Notary Public, State of California, duly commissioned and sworn, personally appeared BONITA BORGESON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the City of Atascadero, a municipal corporation of the State of California, and acknowledged to me that the City of Atascadero executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal of the day and year in this certificate first above written. Notary Public State of California (Notary Seal) EXHIBIT "D" Easements, Rights, Rights-of-Way, Covenants, Conditions, and Reservations of Record None. EXHIBIT "D" •MEETIN AGENDA � DAT ITEM k RESOLUTION NO. 76-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY OF ATASCADERO BE IT RESOLVED, by the City Council of the City of Atascadero that the following Agreement is hereby approved and the Mayor is authorized to execute the same on behalf of the City of Atascadero : Agreement employing : Ray Windsor as City Manager 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 BONITA BORGESON, Mayor ATTEST: BOYD C. SHARITZ, City Clerk PRUED BY: r,1 DAVI . ; JO. GENSEN, Interim Director of4Admin. Services APPROVED AS TO CONTENT : BILL HANLEY ,. Interim City Manager • APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney AGREEMENT Agreement made this 4th day of August , 1988, between the City of Atascadero , a Municipal corporation, hereinafter referred to as Employer , and Ray Windsor , hereinafter referred to as Employee. TERM OF EMPLOYMENT 1 . The Employer hereby employs the Employee and the Employee hereby accepts employment with Employer beginning on the 12th day of September , 1988, until terminated as herein provided . DUTIES OF EMPLOYEE 2. The Employee shall serve as the City Manager of the City of Atascadero . He shall do and perform all services, acts or things necessary or advisable to fulfill the duties of the City Manager as set forth in the Atascadero City Code and the laws of the State of California and such other duties and tasks as may be assigned to him by the City Council of Employer . He shall at all times be subject to the direction • of and to the policies established by the City Council of the City of Atascadero . 3. The Employee agrees that to the best of his ability and experience he will at all times loyally and conscientiously perform all of the duties and obligations required of him either expressly or implicitly by the terms of this agreement . COMPENSATION OF EMPLOYEE 4. As compensation for his services hereunder , the Employee shall receive an annual salary of $61 ,000, payable in accordance with pay practices of the City , prorated for any partial employment period . Employee will receive compensation increase equal to that awarded to Management employees on July 1 , 1989. After July 1 , 1989, Employee ' s compensation will be renewed annually thereafter . VACATION PAY 5. The Employee shall be entitled to an annual vacation leave of fifteen ( 15) working days and five (5) days of Management Leave at full pay. Employer agrees to award to Employee fifteen ( 15 ) days of Vacation Accrual upon commencement of • service on September 12, 1988. PROFESSIONAL DEVELOPMENT 6. Employer agrees that attendance at annual International City Managers and League of California Cities City Managers Conferences serve the mutual benefit of Employee and Employer . Employee may attend these and such other confer- ences and seminars at City expense as may be authorized by the City Council in advance. HOLIDAYS 7. The Employee shall be entitled to a holiday of those days indicated to be holidays in the Personnel Rules and Regulations adopted by Employer . HEALTH BENEFITS 8. The Employer agrees to include the Employee and his wife and dependent children under the Employer ' s Group Medical , Dental and Vision coverage policy in the amount allowed by City Council policy. . SICK LEAVE 9. The Employee shall be entitled to Sick Leave accumulation and usage in accordance with Personnel Rules and Regulations adopted by Employer . AUTOMOBILE 10. During the term of his employment , Employee shall receive from Employer an automobile allowance of $225.00 per month . Employee shall furnish an automobile suitable to perform his duties as City Manager . Employee shall pay all operating expenses of any nature whatsoever with regard to such automobile and to procure and maintain an automobile liability policy . GROUP LIFE INSURANCE 11 . The Employer agrees to provide a group term life insurance policy in the amount of $100,000 on the life of employee. PUBLIC EMPLOYEES ' RETIREMENT SYSTEM 12. Employer agrees that Employee shall be a member of the Pub- lic Employees Retirement System of the State of California. Employer shall pay, on Employee ' s behalf, the full amount of Employee ' s required contribution to the Public Employees ' Retirement System. • CAFETERIA PLAN 13. For fiscal year 1988-1989 , $400.00 is available to be used to select from a list of benefit options provided for in Section 9.2 of City Resolution 65-88. MOVING EXPENSES 14 . Employer shall reimburse Employee for all reasonable expenses incurred for moving the household goods and personal effects of the employee, and his family from his present residence to his new place of residence in the City of Atascadero , not to exceed the lowest of three bids obtained on the cost of moving . TEMPORARY LIVING EXPENSES 15. Employer agrees to pay Employee a sum not to exceed Two Thousand Dollars ($2,000.00) , as and for temporary living expenses incurred in transferring and resettling himself and his family in the City of Atascadero . Said sum shall be payable to Employee as expenses are incurred. TERMINATION OF AGREEMENT FOR CAUSE 16. This agreement shall terminate immediately on the occurrence of any one of the following events: (a) The death of the Employee; (b ) The willful breach of duty by the Employee in the course of his employment , unless waived by the Employer ; (c ) The loss by the Employee of legal capacity ; (d ) The habitual neglect by the Employee of his employment duties, unless waived by the Employer ; (e) The continued incapacity on the part of the Employee to perform his duties, unless waived by the Employer ; (f) The willful or permanent breach of the obligations of the Employer to the Employee under this agreement , unless waived by the Employee . TERMINATION OF AGREEMENT BY EITHER PARTY WITHOUT CAUSE 17. This Agreement may be terminated without cause by either party giving sixty (60) days written notice of termination to the other party. Such termination shall not prejudice any other remedy to which the terminating party may be entitled either at law, in equity, or under this agreement . SEVERANCE PAY 18. In the event Employee is terminated by the City Council while Employee is willing and able to perform the duties of City Manager , in such event , the City agrees to compensate Employee payment equal to 90 days salary, and no other amount . CONTAINMENT OF ENTIRE AGREEMENT HEREIN 19. This agreement supersedes any and all other Agreements, either oral or in writing , between the parties hereto with respect to the employment of the Employee by the Employer and contains all of the covenants and agreement between the parties with respect to such employment in any manner whatsoever . Each party to this Agreement acknowledges that no representations , inducements, promises or agreements orally or otherwise, have been made by any party, which are not embodied herein, and that no other agreement , statement , or promise not contained in this Agreement shall be valid or binding . Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged . LAW GOVERNING AGREEMENT 20, This Agreement shall be governed by and construed in accordance with the laws of the State of California. Executed at Atascadero , California on the day and year first above written. EMPLOYER: CITY OF ATASCADERO, a Municipal Corporation By: BONITA BORGESON, Mayor EMPLOYEE: t RAY 4TPNDSOR ATTEST: BOYD SHARITZ City Clerk k &EETI P/ AGENDA ITEMS `T • M E M O R A N D U M To : City Council Through : Bill Hanley ^� 'j From: David G. Joroense 1 Date: August 1 , 1988 Subject : Final 1987-1988 General Fund Budget Appropriations RECOMMENDATION The City Council ratify the final General Fund Budget appropriation for 1987-1988. DISCUSSION In June, 1987, the City Council adopted the fiscal budget for the City ' s General Fund for 1987-1988. The appropriations approved at that time represented the best estimate of expected expenditures by each department . As the year progressed some departments experienced unexpected expenditures that could not be covered within the original appropriation and some departments expended fewer funds than originally anticipated . According to Government Code Section 372080 the City Council has the authority to ratify final budget appropriations for each department . With this in mind , it is appropriate for the Council to transfer appropriations from departments who are underexpended to departments who are overexpended on their original appro- priations. The following departments need additional appropri- ations: City Manager This was necessitated by the City Manager leaving in April , 1988. In addition to our obligation to pay his salary, the City was obligated , as they are with all employees, to pay for accrued unused vacation remaining on the books at the time of termi- nation. This amount was not originally anticipated and created the need to increase the original appropriation by $2,000. Police Department • The overexpenditure in this department was created by the extraordinary amount of overtime needed over the original amount budgeted . The additional overtime was necessary to maintain department operations to cover -for sick leave, vacation, etc ; because of the case load (particularly the Rainwater investi- gation) ; and for special services provided to other City • departments and community groups not originally anticipated . Adjustment amount is $25,000. R r Recreation Department The overexpenditure in this department was created by additional classes and activities made available to the community. These are generally offset by additional revenue. Adjustment amount is $25,000. Parks Department The overage in this department was due to a combination of factors. The primary cause was the additional amount needed for the mowing contract not originally anticipated when the budget was approved . Adjustment amount $5,000. Public Works - Engineering The overage in this department was caused by a combination of factors. The primary reason was the additional expenditures for professional services. Adjustment amount $6,000. Non-Departmental There may not be an overage in this account , but in order to be on the safe side, I' believe that an additional $8,000 should be appropriated over the original appropriation. There is some question on whether or not the recent billing from County Animal Control for 1987-1988, should be charged to the 1987-1988 or the 1988-1989 budget considering we didn ' t receive the bill until the middle of July 1988. My recommendation is to pay it from the 1987-1988 budget . If this is done then there will be an overage in this department . We will work the final disposition out with the auditors , but to be on the conservative side , an additional $8,000 should be appropriated . None of these changes demands the appropriation of additional revenue. They can all be covered within the original General Fund Budget appropriation made by the Council . The adjustment amounts will come from reducing the appropriations in those departments who are going to be under their original appropriation. A summary of these changes by department is attached to the resolution ratifying the final appropriations. r RESOLUTION NO. 85-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO RATIFYING FINAL GENERAL FUND BUDGET EXPENDITURES FOR FISCAL YEAR 1987-1988 WHEREAS, the City Council adopted a General Fund Budget for fiscal year 1987-1988 on June 23, 1987; and WHEREAS, Government Code Section 37208C authorizes the City Council to ratify final budget expenditures for a fiscal year budget ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero does hereby ratify the final general fund budget appropriations and expenditures for all City departments as specified in the attachment . 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 BONITA BORGESON, Mayor ATTEST: BOYD C . SHARITZ, City Clerk PREPARED BY: • D'AV I" G:1 JOFGENSEN, Interim Directo� ofjjAdmin. Services V GENERAL FUND 1987-1988 FISCAL BUDGET Final Original Amended Expenditures Appropriation Appropriation City Council $ 48,434 $ 48,434 City Treasurer 2,403 2,403 City Clerk 47,224 47,224 City Manager 108,901 110,901 Personnel 57,214 54,214 Data Processing/Commun. 86,901 861901 City Attorney 60,091 56,091 Finance 151 ,865 147,865 Community Development 533, 142 533, 142 Police 1 ,340,709 1 , 365,709 Fire 764,889 760,889 Recreation 253,969 278,969 Parks 212,827 217,827 Public Works - Engineering 122,814 128,814 Public Works - Streets 366,413 356,413 Public Works -Bldg . Maint . 156,704 151 ,704 Risk Management 313,099 272,099 Non-Departmental 112 ,265 120,265 Total $4 ,739,864 $4 ,739,864 • ITEM#OVIEETI /.AGENDA D-1 San Luis Obispo Area Coordinating SAT Grover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County July 26, 1988 Mr. Bill Hanley, City Manager CITY OF ATASCADERO P. 0. Box 747 Atascadero, CA. 93422 Dear Dear Mr. Hanley: SUBJECT: JOINT POWERS AGREEMENT (JPA) The San Luis Obispo Area Coordinating Council attains it's authority through a Joint Powers Agreement (JPA) with it's member agencies. Section IV of the JPA requires all members to annually ratify the agreement. Attached please find a copy of the JPA for your agency's ratification. Section IX of the JPA has been amended to conform with the requirements of SB 498 which mandates creation of a Social Services Transportation Advisory Council (SSTAC) per Section 99238 of the Public Utilities Code. SSTAC has been combined with the Transit Productivity Committees as a result of Area Council action at their May 4, 1988 meeting. Please schedule ratification of the JPA by resolution or minute order before your governing board soon. Please then forward a copy of that action along with the signed JPA to our office. Thank you for your prompt consideration of this matter. Sincerely, Paul C. Crawford, AICP Executive irecto Karl F. Mohr Transportation Planner Enclosure KFM/8456-1/111 8-26-88 County Government Center, San Luis Obispo, CA 93408 (805) 549-5710 FY 88-89 • JOINT POWERS AGREEMENT SAN LUIS OBISPO AREA COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, and September 19, 1984, by and among such of the incorporated cities of Arroyo Grande, Atas— cadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq. , of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning, commission, herein designated "San Luis Obispo Area Coordinating Council." WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and • JOINT POWERS AGREEMENT PAGE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo Area Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area-wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. i JOINT POWERS AGREEMENT PAGE 3 II. NAME The official name of the organization hereby created shall be the "San Luis Obispo Area Coordinating Council." III. POWERS The San Luis Obispo Area Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. . JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall_ be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Executive Director of the Area Council by the appointing city or the county. S. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may do so by executing this Agreement without prior approval or ratification of the named • JOINT POWERS AGREEMENT . PAGE 5 parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. i JOINT POWERS AGREEMENT PAGE 6 All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq. , Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the Regional Transportation Planning Agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COU\TY representatives. No action shall be effective without the affirmative JOINT POWERS AGREEMENT PAGE 7 votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice-President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. • 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex-officio member of all committees. S) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice-President 1) Shall serve as Chairman pro-tempor in the absence of the President. 0 JOINT POWERS AGREEMENT PAGE 8 2) Shall give whatever aid. necessary to the President in administering of the Area Council. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by the Area Council. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. JOINT POWERS AGREEMENT PAGE 9 f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommendation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. JOINT POWERS AGREEMENT PAGE 10 4. Regular meetings shall be generally held in the first week of January, March, May, July, September and November, or as specified in the annual meeting calendar adopted in May. The May meeting shall be designated the "annual meeting." S. The Executive Director of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council. 7. The meeting agenda shall be prepared by the Executive Director to the Area Council. Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by majority vote of the representatives at a regular meeting, only agenda items shall be considered by the Area Council. 8. The Area Council, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the Area Council may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. • JOINT POWERS AGREEMENT PAGE 11 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all Area Council meetings shall be kept by the Executive Director to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these afor esaidmmi co ttees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a • committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the Area Council; and the Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area . Council functions. . JOINT POWERS AGREEMENT PAGE. 12 3. No committee shall commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Executive Director. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor/Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come JOINT POWERS AGREEMENT PAGE 13 before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. JOINT POWERS AGREEMENT PAGE 14 XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor anO clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS 1%MEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. RD/msl/hg/cl/0663-1/111 7-25-88 JOINT POWERS AGREEMENT PAGE 15 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Minute Order Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Minute Order Clerk CITY OF PISMO BEACH By: Date Mayor Minute Order Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. OME71N �4GENDA n OA i E, ��3 ITEM N .�l...r�- • MEMORANDUM To: Honorable Mayor and City Council Through: William Hanley, Interim City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Lewis Ave . Bridge Fee-Request for Bonding, Virginia Plaza Date : August 2, 1988 Recommendation: Staff recommends that Council make a change in the Lewis Ave . Bridge Fee and/or the collection procedures and direct staff to bring back an ammended ordinance which reflects one or more of the following alternatives . Staff leans toward Alternate No. 1 plus No.S . Background: The Lewis Ave . Bridge Development Fee is limited to the B. I .A. boundary and is based on $1 . 93/sq . ft . There is also another bridge development fee charged to development in all other areas of town which is approximately 17cents/sq . ft . for commercial , 14c/s . f . for multiple family, and 9c/s . f . for single family residence . The fee ordinances are silent on the issue of bonding in lieu of the fee and specify that the fee is due upon application of permit . Discussion: The L.A.B. Fee has always been somewhat contraversial since it is applied only to a small area of town and impacts only a handfull of property owners . Two years ago the City appropiated the bridge money conditioned to the Bordeaux House project (not a fee) to the City' s fair share of the Lewis Ave . Bridge since that structure was a part of the General Plan. The fee itself was not reduced due to the participation since the cost of the bridge is still an estimate . Even if the fee was changed it would be $1 . 63/sq . ft . which is about equal to all other fees combined (excluding the Amapoa-Tecorida Drainage Development Fee and the 50c Tax) . With the event of the School Development Fees that were passed after the City fees ($1 . 50/s . f . for residential , 0 . 25c/s . f . for commercial ) , the resultant fees in the downtown area are argued to place meaningful Projects such as the subject Virginia Plaza in a position of locating elsewhere . • 0 0 Normally development fees cannot be included with the • construction loans for development and therefore must be provided out-of-pocket . If the project for which the fees are being collected is not to be constructed for several years, the developers argue that they are not reaping the benefit of the fee and that the City is gaining interest while they are losing either interest or use of that money. If bonding was permited for 3 to 5 years some of the difficulties would be solved. Staff has no problem with a bond that can be called up at any time but feels that there may be other alternatives that could be considered to solve all of the problems at one time and possibly make the bridge a reality quicker than the Present plan. Alternate No. l : Include the cost of the L.A.B. Fee with the normal bridge fee to be charged to all development for a period of 5 years . The estimate for the bridge was $650, 000, including the Pedestrian Bridge, engineering, right-of-way, etc . The City participation is $101 ,750 . The balance divided over 5 years is $109, 650 annually on the average . The annual anticipated receipts for the normal bridge fee is $73, 245 on the average . Therefore, a total yearly yield would have to be $182, 895 to build the bridge and still maintain a fund for over 20 other bridges to be reconstructed in the future . Single Family represented about 33% of development when the i fees were originally perceived. Multifamily represented about 36% but is now down to approximately 0%. It is suggested then that multiple housing be ursurped into the commercial category as was done in the orginal L.A. B. Fee calculations , and that single family not share any of the slack left from the drying up of apartments . The amount of money to be raised from commercial/multifamily would therefore be approximately $122, 540 and single family would be $60,355 . The' resultant fees based on 145 , 000 sq . ft . and 300, 900 sq . ft . for commercial/multifamily and single family, respectively, is 85c/s . f , for com/mf and 20c/s . f . for single family. This revised fee would compare to the present bridge fee of 17 cents and 9 cents, respectively, but would eliminate the special bridge fee for the L.A.B. The increased bridge fee for a $10, 000 s . f . commercial building, regardless of location, would be $6,800, except that in the B. I .A. area the fee would actually decrease $10,800 since that area is now assessed the special bridge fee . The increase for a single family home based on 1750 sq . ft . would be about $193 . The Virginia Plaza project would pay approximately $10, 625 versus the present obligation of $24, 125 . Alternate No. 2: Similar to No . 1 but no increase to Single Family. Alternate No.3: Similar to No. 1 but split the increase between • Single Family and Commercial/Multifamily evenly. Alternate No.4: Similar to No. 1 , 2 or 3, except for a different period of years . Alternate No.5: Allow bonding in combination with other alternatives Alternate No. 6: Allow bonding only. Alternate No.7: Make no changes . Fiscal Impact : Since the fees are charged to developers there is no direct fiscal impact to the City budget . There will be both positive and negative impacts to development and possibly intangible impacts to the economy. RANELLETTI DEVELOPMENT • 522 Corralitos Road Arroyo Grande, CA 93420 July 29, 1988 Mr. Paul M. Sensibaugh Director of Public Works City of Atascadero, CA Dear Mr. Sensibaugh: We would like to be on the next City Council Meeting agenda so that we may obtain permission to place a short term bond in lieu of the Bridge Development fee for Virginia Plaza located at 5735 E1 Camino Real. Sincerely, • Tony Ranelletti RANELLETTI DEVELOPMENT MEETIL AGENDA DATITEM# f • MEMORANDUM To: Honorable Mayor and City Council Through: William Hanley, Interim City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer Subject : Bordeaux House Change Order No . 1 (also Final ) Date : August 2, 1988 Recommendation: Staff recommends that Council authorize an expenditure for staff initiated change orders totaling $57,480 . Background: Attached is a request from Yamabe and Horn on behalf of Vandenberg Development in the ammount of $87,411 for work done in • connection with the Bordeaux House project . Also attached is a September 25, 1987 staff report that more fully explains the project and expected changes . Discussion: The "change order" presented includes several items initiated by staff or necessary changes in construction to complete the project to the satisfaction of the City, including the inspection services which was a cost pass—through. The changes for the most part are the result of the designer ' s attempt to stay within the $350, 000 maximum which was conditioned. The $29, 931 request for well points is a result of groundwater Problems encountered by the contractor and are not recommended for Payment . It is staff ' s feeling that this figure represents a lack of control and timing by the contractor and is not the result of a legitimate change order. • Fiscal Impact : • As infered in the attached staff report any costs above the conditioned limit will be taken from the annexation fee paid by Bordeaux which was $318, 000 . Previously the grinder assembly ($65, 000) was paid from this fee as discussed in the former staff report . This request is the final "change order" and will also come out of that fee directed through the budget item for I & I Construction. The balance of the annexation fee available to the sewer facilities fund will be $195, 520 and the total improvements completed will be $472,480 as compared to the $318, 000 and $350, 000, respectively, originally anticipated. This project not only represents a significant improvement to the southside sewer system, but has made a major reduction in the amount of flow that goes through the downtown area sewers and the main lift station at the Street Division corp . yard. July 15, 1988 • BORDEAUX HOUSE APARTMENTS RELIEF SEWER Atascadero, California Summary of Costs Original Contract $371, 418 ChaA. BypassValves $3, 116 ✓ S-3 B. LaLinia Manhole 2,500 C. Discharge Piping 920 D. Deduct Drain Pipes ( 218) E. Discharge Pipe 300 Total Change Orders $6,618 ✓ 6,618 Extra Work F. Cobble Base $8, 353 G. Well Points 29,931 )( H. Trench Resurfacing 13,455 ' I . F. M. Trench 1,710 'o J . Run Fail Lights 3, 8774 K. Grinder Control Wire 960 L. Splice Boxes 510 X Total Extra Work $58,796 58,796 Design Engineering $32, 960V Construction Staking & Engr. 7, 494 bK t Field Inspection 20,567 Soils Engineering 4,558 ✓ Total Engineering $65,579 65,579 TOTAL PROJECT COST $502, 411 43,1411 VANDENBERGHE SHARE 350,000 -3T 0" CITY SHARE $152,411 14-41 R els- 55 p MEMORANDUM To: City Council Through: Michael Shelton, City Manager From: Pau1M. Sensibaugh, Director of Public Works/City Engineer ' 6:`J� ' Subject : Bordeaux House Sanitary Sewer Bypass Date: September 25, 1987 a' Recommendation: Staff recommends that Bordeaux proceed with the southside sewer project with the staff-initiated design changes as described below and that any costs above the conditioned limit be taken from the paid annexation fee. Backround: The sanitary sewer bypass which was conditioned for the Bordeaux House-Vandenberg project will run from E1 Camino Real to the Wastewater Treatment Plant via La Linia and must be installed prior to occupation of Phase I . This project was privately bid last week and two bids were received. Discussion: The original design has been altered twice by the City Engineer to accomodate increased storage capacity of the main lift station near the State Hospital and the Septic Tank Dump at the Wastewater Plant . The main lift station was re-analysed to assure that no downstream lines are surcharged (not flowing more than full ) with the future flow. At the same time a one-hour emergency storage capacity was added to handle the maximum gravity flow plus 150 gpm which is expected from private lift stations . Yamabet Morn En inetrin Inc. 9 J� E I V I L E N E I N E E R 5 L A N D 5 U R V E Y 0 R 5 3097 Willow Ave.. Suite B• Clovis. California 93612 [2091292-5703 June 20, 1988 Mr. Paul Sensibaugh Public Works Department City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: VandenBerghe Relief Sewer Dear Paul , Attached is my summary of costs Mr . VandenBerghe has incurred for the project to date . I would like to meet with you at your earliest convenience to discuss it with you. Sincerely, Gar D. Horn GDH/cay • June 20, 1933 BORDEAUX HOUSE APARTMENTS RELIEF SEWER Atascadero, California Summary of Costs Original Contract $371 , 418 Change Orders A. Bypass Valves $3, 116. B. LaLinia Manhole 2, 500 C. Discharge Piping 920 D. Deduct Drain Pipes 218) E. Discharge Pipe 300 Total Change Orders $6, 618 6, 618 Extra Work F. Cobble Base $8, 353 G. Well Points 29, 931 H. Trench Resurfacing 13, 455 I . F. M. Trench 1 , 710 J. Run Fail Lights 3, 077 K. Grinder Control Wire 960 L. Splice Boxes 510 Total Extra Work $53, 796 58, 796 Design Engineering $32, 96() Construction Staking & Engr . 6, 549 Field Inspection 21 , 015 Soils Engineering 4, 558 Total Engineering $65, 0e2 65, 002 TOTAL PROJECT COST $501 ? 914 VANDENBERGHE SHARE 350, 000 CITY SHARE $151 , 914 DESCRIPTION OF CHANGE ORDERS & EXTRA WORK A. Install a bypass at both lift station and delete the wyes shown on the approved plans to allow a direct connection from the City's portable pump to the force main. Material & Labor $ 3,898.75 Deduct for wyes ___(782.28) Total 3, 116.47 B. Install an additional manhole and 23 1f 8" PVC sewer main at El Camino and La Linia to avoid existing water. Manhole $ 1,250 B" PVC (23 if @ x:54.35) _ 1.250 Total $�2,500 C. Increase size of discharge piping, fittings and valves in Lift Station No. 3 from 6" to 8" Material : F1 E1bo $ 52.00 Gate Valves 188.00 Check Valves 378.00 Flex Couplings 29.00 Uniflange 80.00 MJ Tee 25.00 D. I. Pipe 115.56 Total $ 867.56 Tax _52.05 Total $ 919.61 D. Delete drain pipes from valve boxes to lift stations Material $ 218.00 E. Change discharge pipe at aeration pond from PVC to Ductile Iran Material $ 300.00 0 0 F. Provide additional aggregate and cobble base for Lift Station • No. 3 Rip Rap (171 tons @ $8.80) + tax $ 1,594.00 Backhoe (44 hrs @ 75.00) 3,300.00 Loader (39 hrs @ 50.00) 1,950.00 Pump Rental 400.00 Labor (29.5 hrs @ 23.43) 691. 19 (30 hrs @ 11.68) 350.40 (8.5 hrs @ 7.81) 66.39 Total $ 8,352._68 G. Provide well points, and pumps during placement of slab for lift station No. 3 Rip Rap (92.6 tons @ 8.77) $ 811.68 Pump Rental 1,817.00 Drilling (3• @ 2,000.00) 6,000.00 Water Well Pumps6,214.27 Steel Plates 255.00 Electrical Controls 858.56 Backhoe (68 hrs @ 75) 5, 100.00 Loader (64 hrs @ 50) 3,200.00 Loader Rental 1,340.00 Electrician 647.50 Materials 87.81 Total $ 26,331.82 Profit & Overhead 3,599.54 Total $ 29,931.36 H. Install trench resurfacing for force main in WWTP access road from Sta.39+40 to Sta. 54+35 1,495 if @ 9.00 per if $ 13,455.00 I. Provide additional trench resurfacing for force main at the WWTP access road between the grinder assembly and the aeration lagoon 190 if @ $ 9.00 per if 1, 710.00 J. Install Run/Fail lights in the Control Room for grinders. #12 Wire (5000 if @ 0. 10) 500.00 Controller Modification 772.04 Material 365.00 Labor 2.240.00 Total 3,877.00 K. Change grinder control wire from No. 12 to No. B, material cost differential #8 Wire (6,000 14 @ 0. 16) $ 960.00 Total $ 960.00 L. Provide additional labor to pull wire through junction boxes X not shown on the approved plans Labor (12 hrs @ 35.00) $ 420.00 Material 90. 00 Total $ 510.00 0622 • 6 1. ugus t' 198 ? jo eUN MON TUE W LE 0 TH,U F I SAT 14 '5 l5 110 AM - BCgmv �4 PM - SHIERS/ 19 1 i 17:15 TRAFFIC i � �OZM9ITI'EE nvrER�IEw ] i 7:30 CITY CaZJgL MEEFRU 1 € 4 115 15is 19 120 t 10 A.M. CazycIL (APPROX. DATE CAGE NEA REVIEW i FOR MACKEY REIU N) lBONI'W CITY MMM 1 9 � t �- 2-4 2.5 ' 7 � t g7:30 CITY ox"1q,IL 1MEEI'ING t t A-B 29 -u ; l a 1 � t du ID September S M T W T F S S M T W T F S 1 2 4 5 6 7 8 9 4 5 6 7 8 9 18 1u 11 12 13 14 15 16 11 12 13 14 15 16 17 40 0 i� t- 18 19 2U 2 22 23 24 24 25 26 27 28 29 38 25 26 27 28 29 30 31