HomeMy WebLinkAboutAgenda Packet 02/14/1989 GEORGIA RAMIREZ
DEPUTY CITY CLERK
A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
ATASCADERO ADMINISTRATION BUILDING
6500 PALMA
FOURTH FLOOR, ROTUNDA ROOM
FEBRUARY 14, 1989
7 :00 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:
Presentation of Plaque of Appreciation to outgoing
Parks & Recreation Commissioner, Michael Lara
Introduction of new Director of Parks « Recreation,
Andrew Takata
COMMITTEE REPORTS:
T2:e following represents Ad Hoc or Standing Committees .
Informative status reports will be given, as felt necessary. )
2 . City/School Committee 7 . Finance Committee
2 . *forth Coastal Transit (Police Fac, , Lahe
3 . S .L.O. Area Coordinating Acquis . & Pavilion)
• Council E . Business Improvement
4 . Traffic Committee Association
5 . Solid/Hazardous waste Mgmt . S . Downtown Steering
Committee Committee
6 . Economic Opportunity Commission
i
COMMUNITY FORUM:
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 to the
Council may do so by forwarding nine ( 9 ) copies to the City
Clerk by 5 : 00 p.m. on the Wednesday preceding the Council
Meeting.
A. CONSENT CALENDAR:
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 . JANUARY 24, 1989 CITY COUNCIL MINUTES
2 . JANUARY 25, 1989 JOINT CITY COUNCIL/PLANNING COMMISSION
MINUTES
3. JANUARY 31 , 1989 CITY COUNCIL STUDY SESSION MINUTES
4 . AWARD OF BID FOR WASTEWATER TREATMENT PLANT METAL BUILDING
AND SLAB TO NORTON CONSTRUCTION
5 . AWARD OF BID FOR DIAL-A-RIDE CONTRACT TO COMMUNITY TRANSIT
SERVICES
6. RESOLUTION NO. 8-89 - ESTABLISHMENT OF A 4-WAY STOP INTER-
SECTION, ATASCADERO AVE. @ SANTA YNEZ
7 . RESOLUTION NO. ' S 9-89 & 10-89 - DESIGNATING NO PARKING ZONES
ON BOTH SIDES OF NAVARETTE, FROM SAN ANDRES TO 200 ' WESTERLY
S. REQUEST FOR TIME EXTENSION ON TENTATIVE PARCEL MAP 29-86-
9990 El Camino Real (HAWKINS)
2
9. ACCEPTANCE OF FINAL PARCEL MAP 34-87 - 5450 Santa Fe Road
(Hill/Tartaglia-Hughes)
10. AWARD OF CONTRACT FOR CITY HALL HEATING, VENTILATING & AIR-
CONDITIONING TO R.P. RICHARDS CONSTRUCTION CO.
11. CITY MANAGER ABSENCE FROM MARCH 14, 1989 COUNCIL MEETING
12. RESOLUTION NO. 11-89 - ADOPTING MID-YEAR ADJUSTMENTS TO BUD-
GET APPROPRIATIONS (1988-89)
13. ADOPT FIVE YEAR CAPITAL IMPROVEMENT PLAN DATED FEB. 9, 1989
B. HEARINGS/APPEARANCES:
1 . ATASCADERO ROADS - Presentation by Michael Petersen, Counsel
for Wells Fargo
2. APPEAL BY DON MESSER OF DENIAL OF GRADING PERMIT (5805
Capistrano - Hotel Park) (Continued from 1/24/89 )
BREAK
C. UNFINISHED BUSINESS:
1 . ANTI-LOITERING ORDINANCE - PROPOSAL (Cont' d from 11/8,%88 &
1/24/89 )
A. Ordinance No. 189 - Adding Chapter 6 to Title 5 of the
Atascadero Municipal Code relating to loitering by
minors during certain hours
( 2ND READING: Recommend motion for adoption of Ord.
No . 189 - Roll call )
2. GENERAL PLAN AMENDMENT 1B-89/ZONE CHANGE 1-89 - 5575
Capistrano/5505 El Camino Peal/9801 West Front Road (Cont ' d
from 1/24/89)
A. Ordinance No. 187 - Amending Maps 6 & 19 of the Offi-
cial Zoning Maps by rezoning certain real properties
from their current designations to "P" (Public ) ( ZC 1-
89 : City of Atascadero)
( 2ND READING: Recommend motion for adoption of Crd.
No . 187 - Roll call)
3 . REQUEST FOR PARTIAL ABANDONMENT - SEWER EASEMENT (Century
Plaza) - Resolution No. 7-89 (Cont' d from 1;10 & 1/24/89 )
3
4. ADOPTION OF CHANGES TO ORDINANCE #135, THE CITY'S
"EMERGENCY ORGANIZATION ORDINANCE" (Cont' d from 1/24/89)
A. Ordinance No. 190 - Amending Chapter 4 of Title 4 of
the Atascadero Municipal Code relating to Emergency
Organizations and Functions
( 2ND READING: Recommend motion for adoption of Ord.
No. 190 - Roll call)
D. NEW BUSINESS:
1. STATE HOSPITAL ANNEXATION
E. INDIVIDUAL DETERMINATION/AND OR ACTION:
1 . City Council
2 . City Attorney
3 . City Clerk
4 . City Treasurer
5 . City Manager
4
METH AGENDA
DA
T� ITEM t
ATASCADERO CITY COUNCIL/PLANNING COMMISSION
MINUTES
JANUARY 25 , 1989
The joint meeting of the Atascadero City Council was called to
order at 7 : 30 p.m. by Mayor Borgeson, followed by the Pledge of
Allegiance.
ROLL CALL
City Council : Councilmembers Dexter, Lilley, Mackey, Shiers and
Mayor Borgeson
Planning
Commission: Commissioners Brasher, Highland, Lopez•Balbontin,
Luna, Tobey, Waage and Chairman Lochridge
Staff: Ray Windsor, City Mgr. ; Henry Engen, Commun. Devel .
• Director; Paul Sensibaugh, Public Works Director; Steve
DeCamp, Senior Planner; Cindy Wilkins , Administrative
Secy.
COUNCIL COMMENT
Mayor Borgeson thanked the Tree Committee (T.C. ) for its commit-
ment, support and progress on the Tree Ordinance, as well as for
the education provided to the public for the protection of the
environment. Reminding those in attendance that this is not a
public hearing but is a study session for the Planning Commis-
sion and Council , she noted that 30 minutes will be allowed at
the beginning of the agenda for public input. Following to-
night ' s session., a public hearing will be held to consider the
revised draft ordinance.
Public Comment
Barbara Reiter, 10150 San Marcos , inquired about the removal of
large sycamore tree_ around Atas . Lake, wondering who was given
the authority to cut them down and was a tree removal permit
issued. if - t was the City, the tree removal criteria should
apply as it does to private citizens .
M.-Like Arrambide, representing the Chamber of Commerce, summarized
the Chamber' s recommendations : Urban forester unnecessary, ex-
• cent on a consulting basis for Planning staff;_ the ordinance is
in desperate need of simplification; a hazardous tree should be
defined as any tree within or adjacent to a public right-af-way
4n t..reatening condition to vehicles or pedestrians, cr any tree
in deteriorating condition such that its reclamation would be im-
practical; the formula for determining the value of trees is
unrealistic and has stymied valuable projects, affecting the
City' s tax base.
Livia Kellerman, former T.C. member, reviewed the history of the
Tree Ordinance, noting the necessity of its enforcement powers
for meaningful tree protection; it should be revised to be more
workable without creating loopholes, stronger without being in-
flexible and enforceable without being unfair.
Steve LaSalle, former T. C. member, hopes future revisions will
be a continuation of strengthening the ordinance, noting that
surveys show 75-90% of Atascadero' s citizens want strong tree
protection.
Ken Marks , who works in and around the area, feels the Tree
ordinance may not be fiscally responsible if it is too restric-
tive, because it may result in a reduction of development fees .
He noted that many of his clients express the desire to build on
their lots ( some of which are heavily wooded) without the City
dictating where.
Dave Baker, No. County Contractors ' Assoc . , relayed that the NCCA •
reluctantly supported the original Tree ordinance in an effort to
bring together the building industry and the government agencies.
He expressed that the amendments are too restrictive and subjec-
tive . He asked that bonding not be invoked, is opposed to the
arborist concept and feels the pressures on staff are going to
lessen their effectiveness for them to perform their duties .
Bob Horton, Chandler Ranch resident, expressed opposition to the
requirement of paying for a professional arborist to tell him
that his obviously dying tree is dying; he feels individual home-
owners should be intelligent enough to know what their property
needs .
pack Brazeal, a certified arborist, spoke of the need to retain
the forests in Atascadero, citing statistical information and
physical facts threatening the trees in our environment. He
spoke in support of a comprehensive ordinance and guidelines for
tree protection.
Ursula Luna, former T.C. member, spoke of the need for strong
tree protection, urging the Council and Commission not to
compromise on tree protection and the environment, mindful of the
future we will leave to our children.
Barbara Schoenike, former T. C. member, reviewed the five major •
charges which the public wished to address (based on input
received by the T. C. during its six months at work) : ( 1 ) native
trees changed to mature oaks, and major tree protection scan-
dards are now concentrated on oaks; (2) the T.C. recommended an
urban forester to implement the ordinance (the variance in pri-
vate arborists ' interpretations has been widely criticized) ; (3 )
because of public concerns , the definitions of significant trees
have been changed to clarify their status in the community; (4 )
the T.C. ' s recommendations now incorporate citizen concerns
about removing propertyowner-planted trees; ( 5 ) the committee
recommended that a removal permit not be required for dead trees .
Fred Frank, resident, doesn' t believe that all trees are threat-
ened nor that building will come to a halt as a result of the
Tree Ordinance; he feels Atascadero needs a strong, straight-
forward Tree Ordinance and should retain a professional forester
to implement it.
Lee Bradley, resident, expressed opposition to the Tree Ordinance
due to restrictions and financial burden, in many cases, on the
individual property owner.
Jerry Clay, resident, expressed concern about the negative af-
fects of the Tree Ordinance, feeling it is punitive and re-
strictive. He is opposed to the concept of an arborist and feels
a member of staff could be trained in that area.
A. WORKING SESSION
1 . Zone Change 15-88 - Tree Ordinance revisions
Request initiated by the City Council to consider proposed
amendments to the City' s Tree Ordinance.
Mr. Engen gave staff report, reviewing the key policy issues in
need of amendment and/or clarification related to Tree ordinance
revisions .
Discussion among Commission and Council began, with some review
of areas of concern, similar to that expressed by the public
tonight .
Councilman Dexter noted the wealth of information related to
tree protection which was compiled by the Tree Committee, sug-
gesting it be made available to persons seeking building permits .
He then reviewed the areas which the Council Tree Sub-Committee
recommended for study tonight, followed by in-depth review and
discussion by the Council and Commission, item-by-item:
(1) Urban forester vs. arborist on retainer:
in discussing this issue, it was generally agreed that the
employment of a full-time City arborist may be a favorable
idea, but recognized that funds are limited. It was sug-
gested that staff be authorized to have the discretion to
3
hire a qualified forester from a list approved by the City
Council, and authorized to consult such person for an opin-
ion at such times as the adequacy of submitted tree pro-
tection plans is in question. The need for a designated
staff person available to give consistent information to the
public was noted.
Staff was directed to work with the Tree Sub-Committee
toward the retention of a qualified person on staff,
responsible for tree protection matters .
(2) Suggestion to limit application of Tree ordinance to oaks
and heritage trees :
In addition to protecting oaks , it was suggested that home-
owners could nominate their own trees for designation as
heritage trees , as well as certain "landmark" trees on
publicly-owned lands , regardless of the type of tree. There
was discussion of the need to simplify the current tree cat-
egories as stated in the ordinance, and suggestion that the
City Council act as an appeal board on questions relating to
treatment of designated trees . 0
(3 ) Replacement tree policy:
The reed to re-Generate the urban forest was noted. The
following were suggested: That saplings count as replace-
ment trees; removed oaks be replaced with oaks; that there
be a cap on the number of replacement trees required in
heavily-wooded areas; on sites where tree cover is sparse,
it might be strongly encouraged that oaks be included in
landscape plans; that any required trees be planted as a
condition of final approval on new construction.
Commissioner Luna suggested limiting the application of
tree replacement equal to the value of the removed tree to
commercial, multi-family or large subdivision projects ,
exempting application to residential properties . Minimum
calibre of replacement trees should be established (not
simply the size of the container) .
(4 ) Definition of "hazardous" tree ( including emergency sit-
-uations) :
the Tree Committee' s definition tree,Ir, fini,.icn of a hazardous it
was suggested that " . . . . through falling" be deleted. Coun-
cilman Lilley urged the consideration of an emergency
section in the ordinance, noting the need for a policy des-
ignating a staff person authorized to make decisions in
4
emergency situations . Mr. Windsor noted that the City' s
Emergency Plan designates the Mayor as Head of the Organi-
zation, the City Manager as the Emergency Services Director
and empowers him to delegate authority to the various de-
partment heads in his absence.
MAYOR BORGESON CALLED FOR A BREAK AT 9 :35 P .M. THE MEETING RE-
CONVENED AT 9 : 50 P .M.
(5) Clarify tree removal criteria:
The Tree Sub-committee recommends that no permit be required
for removal of trees planted by the property owner, and fol-
lowing discussion consensus was to clarify application of
this only to nor.-oak or heritage trees; staff suggested that
trees required by CUP ' s, Precise Plans or some other ap-
proval be exempt from this recommendation. Consensus was
to eliminate the permit fee for removal of dead or diseased
trees but that a permit will still be required.
( E) Simplify ordinance language:
Council directed that, following draft revisions , the re-
vised ordinance be submitted to the City Attorney for review
and comment on the legal soundness of the document.
(7) Set policy for decision-making by Planning Commission and
staff, using Council as an appeal board:
Consensus was for approval that appeals be heard by the
Council . Following hearing and recommendation from the
Planning Commission on tree removals at issue, recommenda-
tions would appear on the Council agenda under the Consent
Calendar for final approval .
(8) Trimming and pruning as it relates to arborist review:
There was consensus to agree with the Tree Sub-committee ' s
suggestion to delete references of trimming and pruning in
the Tree Ordinance so that property owners will be encour-
aced to maintain their trees , rather than discouraged by
pa-rmit fees . Topping of oak trees will still require a
permit .
5
(9) Clarification regarding building within tree dripline:
The Tree Sub-committee concurs with current ordinance lan-
guage which allows for building within driplines including
a requirement that exceptions be made only after review &
recommendation by the qualified City arborist regarding the
necessity to build within the dripline. Consensus was to
require bonding only in the case of violations .
(10) Tree value, bonding and penalties for non-compliance:
Councilman Shiers reviewed the Value of Oak Trees table
utilized by the City of Paso Robles (recommended by the
Intl . Society of Rrborists) . This area was discussed at
length, and many concerns were expressed: Is bonding legal
and enforceable in the courts? Is tree bonding available
from bonding companies? Will a bond assure that a tree
won' t be damaged? It was suggested that perhaps the Stop
work Order would be a more effective deterrent to non-
compliance, noting the intent is for a deterrent rather than
punishment . Staff was directed to obtain a clear opinion
from the City Attorney as to what is appropriate .
Additional Public Comment
Doug Martter urged education and volunteer efforts rather than
enforcement of the Tree Ordinance, feeling "this business" (tree
protection) is too touchy for the City' s involvement.
R gentleman (didn' t give name) , encouraged Council to stay in the
business of tree protection, favors the tree replacement policy
and supports the Paso Robles value table.
Jim Patterson, resident, feels the current Tree Ordinance lan-
guage regarding replacement trees is deficient, as it' s unclear
as to what would be a proper replacement; he also feels there
needs to be consistency in the ordinance for tree valuation pur-
poses and that replacement should be based on replacing the
value of trees removed.
Men Lewis , resident and local attorney, expressed concerns about
the tree valuations issue, noting that, due to the high tree
values, the issue of the possible taking of property is raised.
Deborah Hollowell , Cuesta Engineering, hopes that issues that
must be heard beyond staff are heard by the Planning Commission
so that the tree issues can be heard along with the design issues
on projects; she supports a qualified tree consultant on retainer
rather than a part-time staff person; suggested that perhaps con-
6
vise sections be created in the ordinance to address the separate
aspects of SFR, commercial and multi-family development.
Richard Alvarez, a professional arborist, encouraged reliance on
local tree professionals, noting that trees, although an asset
are a definite liability.
Whitey Thorpe, resident, feels people will take care of the tree
situation if left alone to do so.
MEETING ADJOURNED AT 11 : 20 P.M.
MINUTES RECCRDED BY:
HENRY ENGEN, Director of Community Development
PREPARED BY:
CINDY WILKINS, Administrative Secy.
7
DAMI�2r We dq
•
ATASCADERD CITY COUNCIL
SPECIAL STUDY SESSION
iUESDAY, JANUARY 31 , 1F'39, 5: 00 P.M.
Meeting Was cal led to or-der at 5:00 p . m. t:,v lla-,Vor R-01-QE50r)
fcllowed by the pledge of aliegiance.
ROLL CALL:
Cnunc J. lworrian Ilackey, Councilmen Li I 'AL-Y , Shiers , Dp,,, ter and
!"?ayLjr Sorgeson
1 . DISCUSSION AND REAFFIRMATION OF CAPITAL IMPROVEMENT
PRIORITIES, THEIR FINANCING AND DIRECTION TO PROCEED.
t h he h a d
i"t-i So r , C.- t NT�nacipr , rep:a t- t:ed 11 ha-t OG t o h,er Yj
—
Icica-te,f that the Ar,:.hitect Mr . Lev'3.ri waa prFrjareznd to
r e,-L&,-,t a t 1(7,ri ;I-o C'o ric i 1 oil r i s p r e 11 1 ni i n a-,-v d e S e had
m a d c-- sever6l coffinterIts aboui t-J,h a t vias c:c-, s:: d e d t c, '?E' c',f
i : +V
,Inirjor " an.--- or, add�-rns,�-,ina the issue 0 the (D01IC-e f@Cllj— '
• and lis t I- M I 1-)0 F-ii-1c.11"ICirig the additional mcrie., requ,i !-e;--i t 01
'-Or{'m- 1, et-2 ehe oi-c ',ef:t woti 1 d no t be easy but can to done and
1f,"! ! - - -cun- il '-or.' inues
cl S 0 1 W D ut
-�- i-�7- t-0 -UQQes- c:
ahead ijith thl--' -roject thac� hE? be di -ecce d 0 0 e
t h ;�t'I t e I-T-i a t V flll 2 t 1"0 d S. 0 f f-L.I d 1 1- w h a t e!-
t.i Q E, E!C!,
-F e I-,,-E, IS . T
n f7' 'Ci-
other p1-ol3ect5 0 L
ry,s t 0 C'C,U 1-:,Z I 1 1 `,7 :j 4- E;,-,t I Cl f at d we have
J i t a I i r'; r o ,,e"m E 1-1 t
ad a C:ouple of mee t i�gs I late'� to tt C'i�''
- of that we - if r, o
budoet . A=- a IF S:�J d t� L ht e r
DI-ojects. as tme Pcl �lce Fl=.-cilit,',?, the Lake
L.,er:t e r . and t h e lake property purchase. C 0 u r-I c I h a s n c-,t
-:a c t e d f c--m.a I I v .,i^ t i-at C a;;i t a 1. 1 'l u,r-c,-ai m L-11 t F r---q I-a m B i-i ci v,,i 1 1
not do SO UI-Iti I VOLZIP't to the mid—'near b`Udqe-t re-vi-et-i vlhich
is the ot-her iters o- the acIenda tonicht . meeti-10 -J-zte si'ncj
time t-j I 11 b P ----et t 0 Y-1 i a h t . J a n i-,a 31 C-)t h a w P cs e ni t t c)
e e n
e --n m it F.',
o U)Ic i J Tt Co!-:;)i Fi -sncc, S(�
u n.^ 6t n0 r emcm t
,ri Ln e r cj --::3 s e s s Z e i t-= li-i-'&P
s the --I tco sr i c,,r) o I I no those m c i c,c -h i c r: f h e
t cl t)h u n c! nc-� .
Li -1 '1
d:D� 0 I-ts t Z'f
c,lI--7:�,ad v c-I-s e:d + m t e e E—
t-,e dr Z'F'. c-a P i t a I t rrt c-I-)t
g rr) bv
a— i
r -P ar k C:j a v. 0 1Yc c ff"I',,,Li m 47 c e r -a I'd
t
1 ci 1<E E'- 0 t r-j u I-c a s& ch ea
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r:a're t'c b
j
L s J e : t ab 1 e
b 1. i
h c.d o d d r e E a a I-)e tpfd s S L'C CD nd . ID, Ei P- po E?
t S u 1� c:ha S�= thee' S t0 L)tn�
• "J d s'7'e--J b s,-, h dj IQ And th
I:I,-u cl F'n t Q i E?,-1 0 L..r as t 1 1-1 o a-t di P I
•
In his opinion it is time these questions were resolved by
the full Council so that we can move forward in addressing
some of our needs. The requested Council study .
session will include financing specialist :Brad Kerwin of
First California Reoional Securities) and police facility
architezt , Rod Levin.
I-t would be herd to address in any meaningful way the
question of the Pavilic'ri i,,ithout knowing e>:actly what we
could do with it . Whether in fact , it: could be rehabed or
whether it be more prudent to just demolish it and start
1 roTi scratch . Mr . Le`, iri was hired on a temporary basis t:t
come baz:k with some s!_tches that he will be going over
ir.' this meeting . P1ari ?oseph the Admin. 5er_ .%ices Director-
orE''.a, ed a memo 1:'.Cluraed n agenOd packet ' v.-hic1_: said
the' we bel ie`-e that l :)ok.inq at the budget at this tlr!:e
ve could recommend s1k 'C' , 'OC)O ya yea debt for tie
C t,..' a'10 as result +i Chat Mr . W" ridsor celled (-•1r . *t•� ;
and asked w;-at the ci could expect to be able to -Fund
vjJ th th=t I. . nd OT a'nnuaI debt pavfnient and Mr . KE:rw I es
C.io^tr"'.. LID wi th some Ci,ures Of $1 .755 m_.. 1. 1ion which wo`..._C.".
Iude the pi-oiecwhatever 'he Se ro je-ts of-r •
,;,f s l .4421 mi;1 11 on. , he reserve fund of 5l '75.500Cost
of iss:iar:ce and discount for the bund issue cf �8? , �_. arid
-ided intet-est of $-C,L- , 6,67. That rr:akes the total of
41 ."_75 rri: llion dcl1 _ _ . 1n addition t wh t in tr:e last
I ay' '1r . lli r�dsJr Gnd ;'`1 3G5eErh have beer taGrl:i ng ct: the
tu•-,7r_=t uodate.
At; t1--iis t1:71e Mr . W1i?ndso!- , .7. ty Manager , gzcve i.OuIncil `ier,,irer- -
a copy of The General Fur-,d , FY BF': Budgeted VS Pi-0 3er_ tc d
c'•=r?ei1':�C�S anti reveniRe_ . ? Copy 1s attached to agend<3 reacket
C1t`,' 1 ?'i"K S C` ? i f' ' The oroject: on '_ c that oc,
w3 f ;1CJ 11p c.'t t hE' e1r❑ ..-il tf?c 15 a1 VFar L!i th appi . rri_4te1 y
s232.392 more than, tie had projected initially. On the
ex-reiidit:ure side all the ailtocations that %,Jere r.iaae b,,
!Ji 3l in t�:ct tJe spent ?�� tie vari.ou:� depai trrtcnts .
>.h is .3 $370."1.0 r,, cine-t 1 m e rcimbui-semen : fct- PERS
o, --pair ci1t . the;_` as a cast increas€' of s14i ,Ori^ "cr
f1�='al �!'- ills?:-cYiCE C':3= E?, lalnG?0U-S 111Cr-eiE`E?S S0i31e C .:h _h
e P; -ojEci =d and � c. .'E' 's1T)t =t been spei"lt; . The f d b(i lace
`01- the 88--3p v Ea i' r3 T, ; 7 u ? high .tc,
ne ��: quid be .s
Z4 ; ? .Cr. ; f C auric i i _es w th the r E":: m m e n d a t i nn
rr i s
i i,-.'`I l.. l 'ty L•:j. }r.E:' a1n r"1U c'a�. P31,`iT12T_it -
+_ _MC' U 'ofri :.t art l ri: cx?1d laDU1Ci St _. 11 ='c:V?
t h i� _i i.' cit 1( i'S S I .J ?i`C,7 , a t :� ._i1
r- !E' . :"' ti on:) i"',comime i.da , 1 'n thi3t 0u'rlL_11 :ontinue �;G hO1d
"c ail ('l .. 1 .1 ;`� lair 1 the )EI-i Eli- al -,- � �J �_ct. •
�1VCr c. 1a ' n as D6 t �{ the rT,l -j yea3 `i t,; I t
tJ.
G
7,J�;C 1 !-I t !7,d c a d
f th � t i :ne Mr . L,�- i f 0
-eL -a I s I s F t h- 3 k z-2 0 c-.V 1 1 i 0 n --I Ci, is 1 V e C 11
S e i--a,-n -0 1 d a t i a the r-oo,csed al t;e f-n.a ta.n t
Mr L-�v -I r 1 0 1-3 ,,i d ed c-o o- i s o h,t� rf*--c-:a:5 i b I i i; S t;-;dy f(_-is, 9
At---c,adero Lake Pavilloil . a I-t �h e'7 t C 3C',C2 11 d'3 i n
:Z
C I e I-!1: H e e k�,6.1, -1 t17, t tl-ic- Counc
Sloi-ge-sci-i asked CiNat-sqer . Ra—., Windsoz For- the
par.ioieters i] F this ineet-ingi IDt7,(7ause iF t h e,,, !t o
inti_ .1 e C ap i L al I m p r a v e.,-n 9 n Pl�o j e,::t= such a t h P- Pav i I i o n
de t a al `ouncil ra i d nc. t e c:::? t h e S books
U r t I late this af ternooTl. SMFeels that- the Co�,�nci I is
-itage and neec-is to t f q
a d � sadva� he C i t a 13-ey
I-J
11
121"Its from the Counc i 1
P-'I;- . kjindsc- aPaloqized for- the t i-d I i-i a s o- t h e ji)a t e r i a 1 s
sa IiQ t!+ t+ lith o f t e ma f: wr IS t h a I= "Iir . Levi ri ha
ha-d ir the las , three Nee -.� tc pt111 all Jt
ti- is toge"hpl- to ar--t a C Db`. iou-- tie
Do,-n-- i1 t,-D ma k-e a d e c i s ;I:j- i Q h t . He I-1-ad hcoped that aZ
a result 0-17 this meeting thr,]?e tt -n(7,S 4 0-'1'i�d cccur , 7't-I C-,
1 1 'V -
first vla�5 t h a t co u n c c,u s e e tit to dit-e c t , re c o!--t z n q
t tI a t, C 0 U n c i 1. w o u 1 d n ' t t a k- -F o,r m a I action to'ci i.-,r-i t , but t;-.)
1::i %,S �3 o rp e i r I d .; c a t i'D-I to star f t h,,a t council. (:)u I d d I „`._e
architect to go ahead and comolete the
s Q -F i ca t i o ns f o r the po I ce f:_.c i I i so, that he cr�uld
out t c. t, id o i t 1-i a t a n d de ter in-1 2 what t h e L. t-3
g -I i q to b e. The s ec o nd W 3a t l-�a t he t-ja s I'l a P J.F1 Q t h'a t7
,d r e c: on ,rj a=, q a i n a to be- g r) -,:,a- staff to put together
a r�- -
nest For f.-,rcQosal le.-adli-i-q up to the retention of an
arch itec' that would nct-j bui I.C. upon the that has besr,
done '.,7j,,, Mr . Levin. 0bvi^rlsr in order For that to haooenl
Council needs to be, more sQecif.; c-- in which direction it
waits t,D go whether in fact it wants to retain the building
or to tear it down. He realizes that Council may riot inake
that decision tonight . The third direction Mr . Windsor
is looking fo-- was related to the land lot Purchase at
lake park with some indication of perhaps selecting out
further priorities from the lots that have been identified
with the understanding Mat we begin the appraisal' process
or initial contact with the property owners concerned to see
if in 'act they are still in a selling made. He realizes
that this ma,' not happen tonight either . He doesn ' t
,sxloect Council to make a decision tonight , that is why it
is a study session.
Scrgee:--,on stated she understands that this is a stud,,.,
session and that these items will come back on a future
agenda as an aqend4 item for Council to take action On.
CcuriCilwoman Mackey asked about the holding facility for the
police department .
Mr , Lev in reported treat his firm is preparing a4 hour
holding facility. With the 24 hour holding facility we
mL=_t have the abilit\.• to feed the Prisoners and there are
__stain additional facilities that are required for Ls for
lcinge,r term holding . The four hour detention plat-1 i=_ D
minimum -Fac iIity and is ;-rot meant to take the place of a
`ol,,ty J= i1which houses prisoners for periods un to One
ear . This becomes- the least eexaensive plan foi- ho di ng
,- ; sone. , .
:ayr(ur-geson =tat,=o `hat i n C+ytcber r I1''PS the coc:u
for ;-:e Pc_ill .Ce Pac11 _ t'k' as <3CF 3'C :. .rr,ateiY $75 per SCS
f " .
et le Sc=, ld he bel ie'ved the IEst es-tlr!Iat- e vias ::about
_1-,asEd on the a':"la.l ysl_ Cone by the c onti&:: ,CIr tq :_l was
�d b L e,., i n.
COL.L:1(- 11 �!?all Llliey irlt = t mlCjFit be ilE1C)f%J1 i t C:^:.+i-1 i3
re":ewe_! the bidd. np as f a r a the 1-1uMrbe'rs. tie `cSt of
a�ql_: _ . ' i C77 1per �li,r LJhaf IS S�GYS.,C In c:ia e t =.i-',d
n.
theh p2—_ 1
z 1 t h 3 t c.Jui`t' . _ Icat h a t b a c=
`:heal,
e-d, Mat ',:4tiali.v %he emote and
aS eo,- 1,64 1, , t was est ' m_,tedto tie .`alied .It
fh�C. ._::(1 at the' t ..:'?E 1t; t•ic3`_ b0t1.C3t..,t !'f'iF t"�Cai 3t t:i:E' }" _ :'ie
seemed 1 : . e a +poor' crie. The shell as it stai-id_ tJ?-) irh _ _
to-. ca_ tilt-up c .,? tl-iJct1L',ri t.iOUI.0 _c`c =b( Ut 5ti�'-. d
`Oc;t t.u: 1.d -:L0 t•;'e 11a,,,_' cc!11E Value 1'r. that and. _ t If i`'
'ood Crd -r and hc.= b,—_en b'•✓ the r;Gliiee)- 1 ; .'ed bV
r . _. . .n a=_ being =ts-t.tct!_;rvl l v soured a1 tFEough i t
�-,-- t!-.2!-:ere G<<n d :yam: ._- :I� i
a Ylc : t,.td('d n t b!_I ,J i no I- eno'.'a t i on '�,D
aS, CeCCI:T!(71tI'ld id ter:
c`_ t ated at S9By 3..i Cf"1 ir'u .t des a5
}•; c a i F 1 I tdt ,i d i ti: t<Jr
- _ i 'J J:.1 fN�}._t=_ .,_, :..1._1�'t E.' :7 t t 1�i f= E-1 _ .. _ U' �. ?-i'.
`.,Fie ='r- t)eI lsh(i)@1'`v_t _r) tf-,c' b'uiIL-5-ing rt'.,1"ars--P.. tvowi.1 i'B (r-
-. G
c;.,�� Lr e
r=
.-...,VI t L,,9'�_ f_ _ [ '- L'O:.J.1:_i l!F_' +.'',' F _. . -I 3. 1.`_:
._ '
no
_ - y
F`SSp•eorin Cnd
t 1nL"W. !! hat �} cc a
' ' h, b.
a:_�t and, cde1c 7. ;1_1 � ��le h eD1d,.. .l fu1
i� ?. tV G'..,,a�_
h t
L ..tt .nc; a. 1 that t'c+tY i ,-, at a ?.a:te'r' date. ,
total would come tc $324,777S. What you are saving by
doing it all in one chase is over $100,000 and that is
debatable because if you don ' t do that work until 10
years dovin the line that could be even more e.,pensl e.
i-'ounciin';ari Dexter asked if that would also .delete the
por�cing area outside. Mr . Levin responded ves. landscaping
and pa V i ntg. .
Mayor &Jr-geson stated that i rh the report for the entire
Project- "A" the cost includes ail aff site and on site work ,
all exterior buildinq embellishments, etc . This does not
lclude ; nterlor furnishings rad1C1. artd telephore :O,'t4"r1J-lica-
t J rin equipment . Mr . Le,,-,in said -f '?-:i�;hings k•Je:-_ not
„c luded ivh ieh wculd be film` cabinet= , desk::s c!:a- -s etc .
Mi c:- Dor eson _ske l f this inc luded P:rch tett a nd
crgiliec'- ing fees" iIr . Lev4n said no . She they; .jai eco if
this included Project funding cost_•'' Cr,ief M,:-3al_ said
r,n it did not .
^c;\' L^i %'I.r. _ , l_.l t` i i Lger , ai.d tie ht Cl ed C�cu icl l :Ould See
y i t rtot this eveni ng . in the near- future to a7 IOW Mi- .
'_e`. in ac' ahe-d the Udor i ingdt"awi r-,gc on ' he f; l i
dGI 11 t`✓ V i th the ;.]?ide'�t ?i� : '1.� tc.cttt ��1Q ;� ;itl€° ,
pfi .. cculd be -..Id v,�I th a! te -natesdfeL)er,d iT`tq on 4.h,::t
ccir-cf-rns the rc:..tnc i 1 stili had -j that whe ,e et the
_-'DnatrUCtion t- r,u _ :,i thWn fill , ,aFrai-.e 'r:;-t impact
t--In the financing-
Eot..incilf-,al- Lill1ev s:;id t-Je have estimates as tc c -_-t . we ha,. e
,..d t h
e ,-t t..,e- have dome
acQ+..a • . i _ prcc:�= k;rellmina;._,, r3i•�inc�5 ,
jt to h I M ,;hat Even tinouch the, to _,.-i:ewhat
J.no. t`c all u - , that 1t is time to QE't to t`?;. i�?C _ ,�tt
e1 _ .•J!� �arl Qt_'t L-1-o-1—t:.'i.ng nq= and :hr..•'eifircitif d
get an 3=tlaal. hid in the hC':,e=, that W Canfir-ILd
. .1r . !r,D that Ov. are 7 �
hili bF?e.r, 1. Via,- hiF, ;t-EJe sit cc.. , 'd tri, + :=d tE
t r - -c, !.7 of 1. c - i t
..iu. l-liG�'� t}'1 .. _. _. . E?1n1 �. _ ,. diae ,. t .:i71'+•im
�
I IT
-13 t _i ti,Oi CC., , 1-cwt . :_ ha ,e t iii r1 O4t - .J _ ., iia t Q1 .
�.O U--_< < 1 41 0!Ti ui:i a c d _ t 0•-J O f.,..:.:Y: }, .=u m(T1. t .I=. tc; .�.L te r 1`t ct W�'
'1 t71 _ t ._ .
� _ t' a t,.toc_F1L Oc . �h ., t
H" ' r :.�1_:r-a ,u... C1O'.�: :4t �o�- OG ahead acid 3::tho? _
_ _.
-.-_h'• i '} ,fir t- `,% �".' y-'d , t'.a.%' -.''. !..Fl to 'ba0 t.: nJ r-P.L,i.'L nq _ .. t'1.--'i L
,:c, 1<,r1o;w aJ;`; t we 'I 'o . .-ip `<t .
tc.r O�._�r; F3t3 .e,'d ._,`1e i ._. hOF:e'I 1 :ha 1- vjC- _e tr t! 3C. c
h at c, E'_v�'J T. i _S =.._, t h c? t•J tc' G a n CJ E't c,!-! G J 1 ;-I i
C'
,J
pr C ject .
wity Manager Windscr said that the facility is never poiria
to get cheaper and the longer we «alt the more expensive
it ' s, going to become. Beyond that aae ' ve identified the
fact that we ' re holdil a back on the installatiol-t of the
enhanced 911 system and while that could run in the
neighborhood of $12, C'OO-520.000 that is still the amount
fic, the city .Ji11 have to put out if we iT7sta11 it
here and eventually move into the new facility . We can ' t
be t-Jithout that . there is a serious question of liability
as t-.veli as efficiency . it isn ' t a prudent eXpenditure of
fu.,-!ds sur Lis to gC dread and have it installed , :-Piich is;
lone f=-Eso ii 2 1 a 1 "1or'= nCt tht- ri 1O 'E? U'�t
one .'Ea.!- cr iNhe`•-tever and iia?'"e t face that; CCSt -B all.
cj it?a to 1 f7 e t fo!- us t'c miove fJ' trJard .
(.!nc , ,.ry-Ian. Oer:ter ca_ led the counciI , S, atter-It , 'cn to tree. 13
dlfferent proDc) tea:._ ?"hat !`!ave c:om to them. Ev er'y'
single propoF.a l that has been gone .,-ver in the past '10
rears has ,r'1cr-ea_.eu in r..:)st as the `irr;'a has M- ,/Pd Cel. It
ismI t c'oina to get any less . Thi= prcCcsal c dvc-'s us a
larQer facility certainly more ideally ,_lesi -tined f a c 111 t,,
` :i'"! an`.dt�ilnQ tinct h,.s beer, 1Ci010EG at thu lar �Cr- that
Cason he wou1C. 1 .i1::e to sec- the immediate ap l'Cvai Cf
the aaS-c: i _e --t ' s v,,ci-k. JLng0n, the drawirtG_. aid i_rs'tti )`tc�, th::;•ae
batt. to the c^ .:. i1 as quii-i-ly as pcssib� i=' s,o th t t:lrsti
ar , co -I. ough c?.a!- hF,.c1 -rid get ahem r'to b d .
Coun=i briar! B'-;i'ars. stated he concurred wi t _Eo unci i.man
De,. tar s :;mmen+ . _ t 2 s t J.me to move ahead i1, th these
dr-ah.` } It 1S a high priority i1.1 ttP
1C)i. a 1 1 i7!.l!-ol;'eftlent bLI;dQet .
i1a.o - BorgCson. =aid she, thinks that the council dire, C)n
ha= bee! Mated . Thi- wi11 cc!me back t , tttw
_ . ^ :_ , 1 , _k`d1'`'. Lev 'rt .a b' _ *.. t. t _ _, .b : l i t'.
_c-c n,'.; 'L��, y _. - tin E. D a v 1 , J?'t, _ ,. r7%i a. i-,r-.�a I .±t;�a 1"n d c,`n i='d
-. r-h= ni e _,_!'.eC . r t•J_,.'1t?EC4, tC r 10 v,: (;J`!�
L7F:r' de e a bc t. { hLN i sdom %r 1 3L: 'D 'w s C-1 f
t ,. ,.1 t I. t' I`�' F.i..: i !J i Q
t) L,ev 1T"! `✓a i C± tri.- tVj r. t�)i aT di Fr c. e:..i c.r;? r_'i-, i..,
_SClnt i't i�L.t. Id tf,,.:..1t; Ci- tC 1r:C.1 L if ;. it'
• r
`1-i e _ ..1 VJ. t 1= pt,C' u t cib ci L; E-Ji� t .1. f
1Ct'JE"- n,: ,'i.�6^d ]r!:7 to!' t � ��,i._I` e t i e at e t
t. .he i ,:_.i- W, �"1 le We t6: !
,q ± r. d 1v!`ie _ E', r� i.G'tJ2 e'Ct. t• :ct} f-
it U'd "Jo-k b= , �c':- . A fi, St C, thought ' hE!~e vaz
I;Ti f r!!-- that h U t 5 ;: .t_'C_.E, t i e r h e . I a iri�_:�d� _. _ -t� - i .,
'-- }F,
6
water is definitely up into that area of the lower floor . if
you were to demolish the oresen.t facility and construct a
neu., building , council mna.y wish to cc;nsider an alternative
to raise the =_tr_uct:ure to a much hiqher level which places
it cicser to the partding and allows for better drainage
a! d would allow for a second or lower- story . One of the
- asons why they are shying away from the lower story in
the present building is that is riot a fire rated structure.
The building would have to be fire sprinkled both I-Evels and
,,ou are looking at $CZ per sq . foot for installation of t:he
fire sprinkler system and probably more in that present
building . It looked pretty when he sl,-etched it . but it Just
ooesil t :rjor is that eas:i 1 y with that c l i structure so that
dea or concept was abaridoned . The two story ccnszept ._ouzd
be usE?d in a npvt buildiric .
„'OUi-icI1w'onnari Mackey asi:ed i"" a new bu2luirig Was built if t
i^JOuld have to be fire ri nkled' Mr . Levin said ?lC? i o
wvr,t to a rzre rated system which is Very easy to Jo , and
;c'': t ha V C o Lild save bably
1 ` v�iin� C7' sred !`,Ir . L e viri if we tc;.t t0 a ilaV 4' i. Iit}-
O�J i i i.�' s. 2 :n _ h Lv a y u G cz 1 O W a S e C C) '?
r v at SC,In r✓ time 1n t e at,U e Mr . Levin Sc 1d
cbsOiutel` H Y1e _ 4r C t u r e a to J_ u=; the freedom to d0
lilt;r"!`, till :'".G= H_ -an stp= beino >=" os=r tC she oater and not
so r?iQh up . ? ,s= ori.ciir,al pia•vi 1 ion ,,ad a batt, house and
�_hc-jer on the iower f , 00F .
Mr . Winidsor said it seems that with limited esources the
kinds of things envisior;ed for that Facility if it is Up-
graded and/cr repiacc:?d stili meet the .Minimum of a
He ,.,ould love to see a bui idi n: that is
fol- that purpose only. but he thini's that; we have to some
;rl.ex I b i I ltv in the use of a fac i 2 i t,1v iii'L- that . The dea
:iaS- t;a Per11-sabS it woU:.0 lend itself tc banpuet_. cu in as
t%ut Ltir✓ C' e1 ._nceC..
❑`q` `. ...'`SCi ..mait.=.
flamer n- +a s t:l:Y? d J ri ':t ) but a1SC, OL.I ES'. be USE-1-1 1 Or
us }; pec a, . t i '. t e= t t now ori i r; th _ d i.
-!t"_ t i . 1 f e�_ S that ; h a t :'•9?- ! i ,- -S d+?.rr n l 1.ri g t. t F?r n s OT
rl mo.'s etch-_. i5 v Pa,, 11i:}n. cormur., tter
'1r . �__._ ..� _,.�.,.;� "ilat t�`ie asE;c'Ri;'� . �v" -F'c+ L., uld be rciJ3b1. _. of
5.l4 _`c,u.:l ,r` `;asw,d on ?o fee` p i -:It_Clf. %:$llt .
of :r - 0r ,_�:. 1. n�- i'.^sC'd .11-. i SCU 'fc r`t P
y a ea v:,0U ..J c`c rin;z :Nate �
_ _Cj _,t a:.3s uJ "r? 7 Sq . f S:}. ?J E' O �:pc 'i"lt i O?T dao( es and
F - _.=uC, t.L_ tOr i , illy ;,. �=�� OYl i5 g _'E t:
chit-' i ..m.=?r' ti is., t , a d s-e ac r e?C oilth Mr . LIind or ,-; t i E
'7
would have the nppor'tur,ity to make it a combination facility
if we built a new building . It makes good sense.
uounclloran Shiers asked. about the stcitemert that :Jr)e of the
assumptions was that the Pavilion would not compete with a
:-ecr-eational comcier , ghat forms of comoetitions did ; ou
have it mind?
'sir . Levin said this facility was not to compete t,ith the
community center even though there is a bit of overlap
th the programs that the Parrs and Recreation Department
has Dro�� ided us for both the Pavilion and the Commodity
Bente- . Some of it z..as a little zjiff -ult to Ger+arate c:-it .
ocabl ,, because a Lz,mmurlit ,, center v,,ould Drobabl • rerve a
�he'I" C;-'_;.:toant load and be1n'o th:-_' communi
would be e;:pec ted I ei ther a larger E�ssemb l y rc:)om 3r
p,-o_:abI variety of meeting a.d a-ti'_ ity room=_ that Irtiyht
be;- _. little more tria -. G%that ti,ou have here. This particular
facilit ', provides for- just about -3IJ the that
the par- -:S and recreation, ccmmlttee has set out for the
oaf' i . 1" on.
1_^u lnCl lmai De x,t e r s t-&ted Cheat tr71s rrl..qht a111 ow u t0 iM LJ e a
phased DZ-ogr3m ;o -
; both the Pavilion and this commu, -ti tv
=w.it:el- and, -i-i ht be Pb t:; aCldal-IC t` el— LIUi 1d--iO =;t the
c oa'k v�tat w. t_:; a cc;.'`imOCtate av 1t. iUinr i D C'' ct^t-, iat
ar e .-otab ..e to be L,,en _ are of at .;he pavi l i0,-,.
(''I-- . Lev -n o;aIC hat S a point J n fvoi" c.f deniO .t St; ii`tc� tlne
n:', i= . ing bUilding and Octlldln7 a riew 0rie because y'OU
ha`.'e So many funds cu c-ould Start out wzthln a phasing
P'!3t ci- t3or-QeSOn sa,J d She= r;1d to go aln
og w t C'Ounc i m::
1)e> ter and Ci t`>'! 11ariaci _r [ ] ndsor ' > sta terrients t
the Da,,1 licn could be seen as a c-ori7mun.; ty' center ts
are heal ino from a lot c- in towrn that they tjd1nt
st=e, ce',nter . It i!e cf,art a'_cumu ati a Scrre land ftor-
:3 ci✓n,m-,, ri. ty ce,nt�. m: be Sri years from ncY we mi.cht
t 311 tC)get et' -a n d. get a CC,arinU1-ii t`' ei ter- , 'We
crnE_-nin ? novJ, it _S i11C)erativc. t`iat we Diet Scrp, i3 )'1C:
fc:r- t�,e colr.T7u it ar1d - peciall , 17 r t ti= :,oath .
S O 5 c 1 C1 t 1 t ='S R"1 V:1 t h M! . 1;C 7" t.+1 1 ' S H'r_ -e f"!' a t c
UI1C ` i sp--Osed to do Tl s,th (.' tv i. t ? i
Pc: i 1 i n + does bau.r to t,ne concept of
"'Cu 1 C.._, G 4 • .n 0 t 42�ii t 1- !:(D 0
_ E= a a�D2 to C'-tS 1t 1c 2c-.;t t 0' L.otrlb7ne trI=,r' zt 1_I t
t 1i -' C rhti. �j'UCr' �� tr71 0 01 ti•-OI.J`n-J�'. F'�-
_ 3 t en c. E. cArtt_.d t cOncE?pt-uaI J t r'7a4711 e hc— e t E
:nom, er,_, `,at h.. . .._ t.o C!One th*-.Dugh befn._ C)I �e
ornfos- tablewit,n �,triat T;3y be bidded , tI-iern a` tua11 ,Y,
r3
' • i
i
constructed . You are certainly looking into the 1989-90
fiscal year before anvthing occurs, but as Mr . !<.erV.rire will
tell you it doesn ' t mean you can ' t go ahead with '`'our
financing so that those funds are eady for that use when
you are ready to ao .
f,^r . Kerwin presented council members with a. 6 pace document
regarding 1.5 or 20 year debt ser-vice for maximum ar;nual debt
service of $2 -75,000. He discussed this document with the
Council .
City Manager Ray Windsor stated that there are definite
benefits from doing this , particularly given the sire of the
crojenc:ts that we are talking abour . For- the Clty, t•Se have a
healtnv reserve ?richt now but for us to take that and pay
_5rt fC a police -rac3 lity is { dk"ing an aviflul 1'1S! 1-.ith the
near future. not to say the long term future of the
:Orr,munity if you Can combine those in some viav to (1-iaintain
a tnea-, thv reseI-.'e and still have the facilities that you
geed , it seems .h_ orudent way to gc . That is beino
fiscally responsible.
Lo i ?'C7 lman Shier=- Said t•14'' Y'ee J fi!ake su c_ that the
11 ties that 4'v? �an Cet with this w11 .r meet the i a a 1 s
tri ;t t-.e have at �`ie same time too . HP cF:ed m)- _
at"out t'-ie r_=t2,s C's 1 '.nterr?St on bo'r .'owl no; $B50. 000. M,r .
f'ei'W n Sc.ld It =vU1 ite lOCI:E'd ltd Cr ,3t OUt O � . .
: f ssue the debt _ 1'Cu have at- least pots ::�f MClilIPv to
iy-,; est . 0,ne I _. ii= aesE?rve fund t•.thIC.h y_ 101- co,7 the i sue
ar+ that is your money and is the;-e to protect the cP-rtifi-
aatE troIders ,rn the evert you default and don t mai,E? a
pv ..ment . Then cz t;-ustee will tap into that and pay them.
uut OLl ' -k_ not, to nii ss a pci"ment SO at the =',nd of the
t,hG _e tnii-)g that mcne'' with all, its i me est cOmE'= -) k to
,,'C L!
Tie the re5c r . i lli-!d Up 1Cny i_e,_7� .-here y'01-1 Lar Qe:'t
the boEt i`c tr.
of
_r ,. . f.. ._S tc,S Of uaI-ti icit .on the cr;t end aCfrr!3 .n' e � r'at' ,.. o
er1 , ed o he 01d n t e i rl P,t
a r O` `Ct i ?"ly . .. at viFCi.:h can yjP Lc1sd ol1 o f n e t e a r 'rigs
tc`'E' b_.t _`Ie E_' _s the ?. nc ¢_ ..a1 _
c.i..F. b t i?I a;nbC c!,_ ] :i'C .;ham �--e L= t;1he 1 :n t i ._..i. _ tEC El Ems&
-at is l•:.1 Ein ��''E _.r;�r .. �..r�? tci}-2:
! c I` 1-. . t. Z t't=1'
r r Sr 6'J =L;t L Lr J; C: 1 E,hl v�.' 1. S�-? ' t
3ht _it :3. ,t:.' t ? -! 1-F
✓uut 1 ti ., m"._1f1,LIM _f 1SG `.rout- spl-_.:d J?r t'ha:.
^J='
LJ i ^ '✓'et. (�k") Per a;._ `>'{t;=' c.1 S C; `i t L t t='d t: Lf "0 1 1 S
L F,i C i.'t t t y Li «i P _ C r S i d eT' i `irj d E t t t C C )I; �? SC'rr e
kind of a self-liquidating type of thing . ror example,
Council should look for a revenue source for the police
department , possibily consider enacting a public safety
tax to be voted on. That is something that has some
ap"Deal to a lot of people. On the pavilion that is a
different story. If you could have a convention center
type of situation where you can bring in busiriessis and you
had more bed tax or sale=_ tax or vour business license fees
went up , then it is possibile that you could generate
enough new revenue that it would be able to contribute
towards the debt ser�.,ice . He has doubts about the interest
rate charoed -- 7.511 sounds fait- I% cheap for the City
ight nog-.- considering there is no credit rating for the
City . "du (night have to buy some c -edit enhancement which
might run you 1 !2 a percent . You ought to identify
cur 'everlue saurce for -;a,,'i -sg this resat back s, early
before the issue goes. .
Mayor- Borgeson asked lvl;- . Sibbach when he was tall- I.-Ig about
credit enhancement if he would e>,plain ^,or-e. He replied
there are dlffel—ent thli'Qs you can uo . 'iC%li an bu'.'
municipal bond insurance , some of them you Pav a Pell-cer!tage
of the orlainal issue. There are letters of -edit . If
there :s a default , the tank would have t st=p lr! and pav
.:D-'; f the credl .s . e s t t a net s�_1 . s nq '`-�e:r.
:� : tc Thls rrt an yo
t Q;, -he. '. aith and C;-edof the C: t. C:f F�+-�c.:_a {.rr_, .
e,`-i ;•n,^ +;o-`b•J11i Y Jn bu`-.%.Jn^ ,.ai`Id 1i`;C te_ .. t
aoe�_: up in value. would it make ser-Jse {or a bo-1-10 issue suul�
as thi=? f1r . -erwin said it is done all the time for land
acquisiticn, lands , buildings and equipment . Parks are done
til t !N c4`1� a15C .
Councilman, Shiers sa. d t1-;at .s ar, isa•ue C1 _o^i- ing jt
henefiis cossts . Aa Mr . S i b b a c h noted it carr be
difrlcult to measu - : the benefits of something like the
Jol <Ce faC- i 1-v . Si ,i=' hS 1 7 a member of ' = la-"r-e
Sub-Cs r+rr t t e e he wou l d k e +;l-,,e ,pct -i` th,e
think aJaui the cost f :ys"ly debt f ,(la, _ In It they do
J 1d;j w.= cjQ that Ja' f vie decide to :e ori c:
a Eaito ,. kek 'deb u tee:- . _.: paymer"s .: u,
L
a 1'.--'.;-!•�. J. !!t .. -:e.V't i.J•,",z t 1. i,rl C i. 1 ;������ i..• '. t S �. ..."_i
t 1 = c, th ` . i,y !i r.1 h SC?d N: f.yi
t
P
t G
z;!-2 n a..•:N- [�Ct t;t 1_. .. -
it .;Ja h .'E. t 31 .'e uC' _ et !-! 1aC_ i•jha* .;•,.`C> :-J C: b•J1 1 .-1-t'' �.:�.
u;? sr del to do _,cmr,tt- ino e
i?-i G S:J f' _-,., i .,. !� i-,;. d i_1` t c3:,..:S W
;,C J ;hj -•c..�i d i S
in . . '`E?e^1:C.:t t 1 n c of
t ha t Cl 1
' fi
Lind of growth are we seeing in the general fund that
,net-haps would offset at least a portion of this. Thev
believe that half of that $175.000 can in fact can be
tai;en out of the annual growth factor which comes from
er.hLncemen,t of the property tax and sales ta)< . That is
a very Conservative figure just as the $175,000 is extremely
conservative. There is no question that $175,000 and
that corrir,-iitment which you have never done before mean
that it won ' t be used somewhere else. So something may have
to Suffer as a ,"t_sult of that , and that is ii fact a Gat' t of
that you will have to struggle with when you move into the
t-reW tud:_et vcle.
`i.=.'toi- Fo -iesdn said jumG,ing back ever. one atop fi.'rtt-_Ier we
have to look at without debt financing what we a:-e qc33.ng
be &LL _' c to accomplish and we have to loom: at that very
ward . Are we going to be able to do what we want wit`i
b+.�ildinq the police Facility. is the Pavilion _ . .;-t a remote
.z,o sib : l. ity without this kind of fir,aricing . What oan we do
: t.r what we ha,.S t' OUJ c:r:d if w C 1n Url.y C10 Sd Ruch . do .Je
L:ar"it to do debt flog:-tCing . 1*v Cof1es dawn td o C,I- iti.I-=
* 7 i-d:t iNi`IiC`1 cculd be Toatewhat emotional but 6fter the have
the prior ; ties are f. rrrrly established and we Idol at hot,,- we
CIC Lbdut OUi-ChanSirir4 _i ES-G paid"t- ities and we are le? t
iI th y? fu.-rd sh"r tale ol" t>Ji thout the f- r anCes then we m ak-e
1d vie 6i—n—,— to go ir-'tc debt r . I-,ant� i c.!.t this,
p.^int c.r =c te:E' .,Dant tv =,cafe bacl It i S ver-�i Ci; Ir `icUIt , it.
,- C,L I a -,.,
i 1 e i d S d t - a ' r st C n rs
�"�.,� ��tort�.rt i'1aCl-...ti sai vs ha•�e trio o' � Id y,._t.
tC) c"o it itl;out debt financing and !_.e have been =pinning
cu t-Jheels and hardly keeoing our heads above t•Jater . She
tr;ini<;_ ] t is tini-le ,;hot vie do this . .Sne rJoesn ' t I ; k e . aoking
at `:he S";e.2 t -t g<ardino dE ht service rep:=_%rt ,.hei-c it C=.ts
mc,..-e `or the dobe ser .':.` d than it d;`J>Ws For the dot That
bothcrs her , but that . s the way it is if you but' a house
Li l li ev Said
t'lc nar;,_—e- and he war its to Mir . Fh i ers
C'ft;met t=. 3bOut t`- S Elt+uation V..J _r: I eG'. 1 it.._ a Ciea
_ „�r'ri "ME; r-1t . The dent. i s go _ ng to beccme a f i xr=d .oar t i on
_._ C,`. e,„ead . ;he; - {arc the obert-i _s, that . ou Eewek to
`. I S G, ' +u,-r i 'IQ ,t dE'bt O`✓e i L;.'1e ,had bet:t_e. ba
3 u'c tt1a _ c beneficial tc the cdmrr,ut-tit _ o`,er t. irite. Tf �t
-P,J.L is "1{ Cf the ,,}�Arl1C3[7a1 _ _ ?cJd . "c!{. iS
=~, t t' _ ! i } .._ gout Nt ;Ct Cti i f'
deI- I a t easo-nable tDorld .CSue ..,r r:. ti ica °.: _ iSCJe .
I t I m,---C d= Eu l C r-i d I I o
r u . . ted tt+at: o, e one hand as a leg t iiiate th rte
'C I'C .:)n she ether haled it_3i1
1 _ _ 3I" CG Ti^ urTlcnt td L•Jhat !^Js� .3 e CIG .ng t; {Jo UJ tr1
7
i •
i:._he money and stick with it . Ther, one way or another with
community consensus it ' s a creative and positive thing to
do , but if we get ourselves into situations where that money
doesn ' t quite get the job done we had in mind , and therefore
we don ' t get the job that we committed ourselves to this
obligation done, then we have failed in the process. It is
his hope that the Council proceeds to loot: aggressively
upon the prospects of going ahead with an issue that is
appropriate based on what we can comfortably fund and he
believes we can comfortably fund a sufficient amount to
make an issuance worthwhile. But we need to be vert- clear
in trying to maize sure that what we are going to do is
going to get clone in the most cost effective manner and
that council is ve7v careful to plat out accurate information
about that to the community. it may be far- more cost
efficient to build the "hole police station at once than in
phases . Tale a very hard look at getting the most of what
we can get out of a pavilion project , not only an existing
`anility, but maybe something for potential future deve1op-
r:entdownstairs as :apposed to doing =something far les, cost
=ffe=tive with the r2MOdeling . We can ' t afford the luxury
of indulging in that kind of history, based upon what he has
- and frimthe architect in restoring an i off y.[-'nt
<:ci lity at µ cost of a little Mors $100,000 less than:
having ars efficient facility.
Councilman Denter Dentecommented that we `-feed to keep a watch dog
on the projects to maLe sure we get the most for our money.
He has seen the city struggle for the past few years
i thuut adequate facilities for pjb 1 is enjoyment and public
- rce, that it is h ph-time that we go ahead with this
project and move on. Ten years ago we talked about setting
aside $ 150.000 ,per year or so , and in 4 r S years w would
be able to build a project . We didn ' t do that and we are
not likely to do that . We have some servaces to perform for
the community .
Counzilman Shiers a ahe does n lJ t want to be (J u-t; in the
position where t pushes him to approve a project thtt come---,
lel' t=. h . fr it some future date in order to generate some
additional -eO'.`2nues to make the debt payments . it is hard
no..,..gh to turn down some projects or to send them back to
he redesigned or ma,`be change the location so when F;E?C'pip
?im _ie? ._ e the Council. and task for a none change o -.
o ,d i t i-o al US2 psi-/`1. t, or precise lan etc . if we are
fazing these debt pay .Tt _ then it can uta additional
c, i'_ .-C a" _ _ u. ._ . : to ADmrove something when f o nci , might
`__.
i ti-,"o '.Jr' shi'"';,J 'dal: ' t be approving ..he....:e:' ms
� `-tCounnK
should t.-a e this ;to account when they make _
their decisions
- ns
ronzar
i a v n r a_.. g_.___I I re m C:} r•.e d thatCouncilmsn hPleyandShiers
1
as a finance sub-committee have done an excellent Job of
esearching the matter and would hope that they world k-)ut it
into an aoenda ; tem for the City Council that they could see
before them those concerns that they have raised , both the
oos i t i :,e and the drawback of debt f i r-ianc i na so that Council
ran further studv the issue so that when it come=_ to
decision making time the Council can make an informed
decisio^.
Cou,n-_ilwoman Mackey stated the, will be looking at other
alternatives besides what has been talked about here .
Cit , P•?anac r lli ndcc sa...d a. ternati .es in thEa sense of , ou
miclh-t use a different 'Financial cortsultcnt , bond �_Our+sel ,
or LV IC: v have ou .
The f i nanc i nc tech n i clues are the same.
_ a d 1^l e -etw?nln long tc�r T dent Y!d Audi tl CIUt of
our '.j-na.ppi-opriated esp ✓e. Thati--
E'al y thehQ1GF that
i%Iav;.,Y- Sorgeson asked if the general. obligation bond is a
bond that qoes before the oublic to vote oln�' Mr . Windsor
sa iC the reason *'o r that 1 s i t be`ones a l i eri or, the
rjroGcrty that is actually added to your property tai: so it �.
`.a�:es a SiS vote, A i--evenue b=ond recuires a major- its rote
be:..:use you gener-atE a �-e`. ;=nue to pa\' for that bond . So the
GE'oC _ "i tG COrCtV'e i r� Cert.f _awe of i.:artic] pdt1C)n
,io,_S Mot re`uIre a vote beCouSe you are taking it Out Of
i-evenueJr UF'S `OU vj(DU1c. p)- _.OF1 1 1 (i SOMe
_,tII way C1 u4+C tftr oJaT1 lie+n+ per—s-nnel , othier equiprrieint ,
hat 'id,/e you.
Psa,or Horgeson Suggested to staff that wher: this I ssje >rOii
follooed by the construction phase. In the construction
do.rument phase is the portion of their- work that they
clearly define the construction documents that are
,required for bidding and they are the drawings and the
specifications "hich detail all of the information that
the contractors shall fallow when they prepare their bids.
Within this particular same area they complete all of the
engineering that is necessary in the structural , electrical ,
mechanical and this data is depicted on the drawings for the
bidding tiortion. They will also 'bring up and update the
cost estimate of construction which will be far more
accurate than: any estimate that they have bought to date.
Now they will have detailed drawings so that ureal detailed
information can be taken off by their estimator to update
that particular- estimate. When they have these documents
ready they will assist council in presenting them to the
jurisdiction that reviews them such as the building dept .
or p 1 anni.ng and the state agency that is involved in the
-arious carts of the projects such as the holding facility
and the Emergency Operating Center . From that point on
they will assist in the administration of the construction
phase handling bulletins and change o'r'ders and periodic
site visits during the construction and of course the
final inspection which would be at the end of the project: .
Mr . Windsor said rig was sur_ it was an oversight but
engineering was left off that. list .
oincilworan Mazkoy asked about the time. Mr . Levin replied
that he has to admit that they haven ' t been sitting around
in their office waiting for a decision here. They are
looking at least three weeks to get geared up for this .
it will take 3 to 4 months to finish up the construction
dozuments_ and be reedy for bidding . A month should be
allowed for bidding . He believes that they za n complete
this project under the construction phase in somewhere
between 4 or 5 months . The problem thev have with m. n.. of
these projects is the time line in ordering certain pieces
of gear_ that go into this that might not be on the shelf
such as electrical. panels , and lighting fixtures .
Mayor .�'Boi geson ailed does it look like the ^coli .__ rf`"icer
could have a Christmas party it the now police facility.'
Mr . ._'`-vin said if Me knows the police chief, he knows ;;ham,,
Ni . l be in there soon. Mr . Levin Will ucrdate the =toff and
.e council with a. t1ma schrcule as soon as thav find out.
..,-2n they are to or ocead .
City y r,ialaG Windsor 3sY d thLt .;his meeting be :Si J _:r" "led t
Ut sday' _ February 7'th? to Q e him the oppo -tuni t_\,, tO r-2' , n_
some LdditS ..nal budget data and meet with Councilmen Shiers
14
and Lilley to put.- tooether some recommeridat ions for Council
and to get some material defining the various financing
technicues . This aneet-jr-iQ will be at 5 p .m. on February 9th .
Ml!,�JUTES RECORDED BY:
BOYD C . S! ARIT-7., CITY CLERK
GEORGiA RprIlRE-7. DEPUTY CITY CLERK!,'
MEM AOEjr
DA
• MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : Wastewater Treatment Plant Metal Building and Slab
Date : January 27, 1989
Recommendation:
Staff recommends that Council award the above work to the
second low bidder, Norton Construction of Atascadero, in the amount
of $43,7.35 and to reject the low bid from Christoff Technical
Services of Orcutt, in the amount of $23, 000 .
Background:
• The above project was initially bid in the 1967-88 budget . The
bids were over estimate and were rejected with the motion to rebid
after the then upcoming budget sessions . Additional money was thea
appropriated in the ACSD fund to allow the project to proceed.
Discussion:
The following is the bid summary:
Christoff Tech. Services-Orcutt $23, 000
Norman Norton Constr.-Atascadero $43, 735
Nunno Corp . , Ltd.-Paso Robles $43, 990
C. Boyd Constr. -San Luis Obispo $44, 120
Bordonaro & Son -Paso Robles $46, 600
ENGINEERS ESTIMATE-City Staff $50, 000
Kudla Enterprises-Paso Robles $53, 870
D.W. Peterson-Grover City $55 , 000
The Christoff Technical Services bid is clearly not a
responsible bid and attached is a letter from that company asking to
withdraw their bid due to an unexplained error . The project was bid
as a lump sum, therfore, it is not possible to predict their exact
error,
•
City could possibly hold them to the bid and, therefore, •
capture their 10% bid bond since they could not do the specified
work for the amount bid. Staff feels that we are not looking for
something for nothing and that the penalty would not serve the
public well . The City is prepared to pay for a responsible bid and
since the low bidder has acknowledged an error, there has been no
additional cost to the City.
Fiscal Impact :
The budget appropriation for the above work is $50, 000 . There
will be a balance of $6, 265 for the "architectural enhancement"
requested by the Planning Department . We plan to hire Joe Elkins to
present this portion of the design work with the building permit to
be prepared by the accepted low bidder. We will hire others to
complete the exterior cosmetics as approved.
•
•
CTS
CHRISTOFF TECHNICAL SERVICES
P.O. BOX 2614
Orcutt, California 93455
Phone (805) 349-0022
January 23 , 1989
City of Atascadero
DEPARTMENT OF PUBLIC WORKS
6500 PALMA AVENUE
ATASCADERO, CALIF 93422
Attn. DONALD L. LEIB.
RE. WASTEWATER TREATMENT BUILDING BID DATE 1-16-1989
2;00 PM
Dear Mr Donald L. Leib
CHRISTOFF TECHNICAL SERVICES regrets very much the
BID ERROR that was made in our bid the amount was $23 ,000.00
We request by written correspondence, to withdraw our
bid with out any further responsibility on our part.
We AGAIN. regret this error, and thank you for your
assistance.
Sincer 1
Gun her E Herrmann
Own CTS.
MEET
nZ cr-e._
• MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh,Director of Public Works/City Engineer
1142xs
Subject : Dial-A-Ride Bid Proposals-Award
Date : January 27, 1989
Recommendation:
The Dial-A-Ride Ad Hoc Committee recommends that the lowest
responsible bid be awarded to Community Transit Services, Inc . of
Santa Ana in the amount of $149, 233 for the fist year and to award
a three year contract subject to the bid specifications attached
to, and made a part of, safe contract .
Background:
• The DAR Committee consists of Mayor Bonita Borgesson. Vice-
Mayor Rolin Dexter, Public Works Director Paul Sensibaugh and
Public Works Superintendent Don I,eib. The bids were received on
January 16, followed by a committee meeting on January 18 at which
time it was decided to conduct interviews with the two lowest
bidders on January 24. lne evaluations were based on a point
system (attached for your review) that was included in the
specifications . The low bidder from the previous bid, Santa
Barbara Transit . did not enter a bid this time, apparently due to
nigh insurance costs .
Discussion:
The bid summary is as follows :
Comi�an 1st Year 2nd Year 3rd Year
Laidlaw Transit $140, 867 $146 . 146 $152, 932
Dave Systems (CTS) $149, 233 $155 , 695 $262 , 395
Medi Ride $234,436 $242, 140 $254, 983
•
I�
0 ►
The following points were assigned to the bidders shown: •
Member Dave Systems Laidlaw
Maximum 100 (15+40+15+30) 100 ( 15+140+15+30)
A 95 (15+35+15+30) 75 (10+40+10+15)
B 90 (15+30+15+30) 85 (15+35+10+25)
C 90 (15+40+15+20) 70 (10+35+10+15)
B 95 (15+35+15+30) 80 (10+40+10+20)
Ave . 92 . 5 77 . 5
Notes :
Medi Ride was not invited for an interview since the Committee
gave them no points for the cost portion, which meant that the
maximum number of points that they could receive was 60 . Had the
other firms fell below that amount, Medi Ride would have been asked
to respond to an interview. As shown above, that was not
necessary.
CTS indicated in the interview that they would not charge an
additional fee for Saturday dispatching as shown in the bid. This
does not affect the bid but did please the panel . •
Laidlaw has an error in their hourly and monthly rates as
these values extended do not equal the bid amounts . The basis of
the bid award was the line item bids and not the rates . Also, the
higher hourly rate shown for Laidlaw would mean a higher Saturday
driver cost than for CTS.
Fiscal impact :
The recommended award will cost $8366 more the first year than
the lowest bid, and approximately that amount on Each of the
following two years . However, there will still be a savings over
the present contract of over $20 , 000 per year. That savings can be
Placed either into additional transit service or into the roadway
maintenance . The latter is most likely since an additional 200
vehicle hours is figured into the above bids . An undetermined
amount will also be saved due to the absence of transition costs
since the suggested award is to the present contractor.
•
MIB IT B
City of Atascadero '
REQUEST FOR PROPOSAL
f
FORM A
(Page 1 of 2)
PROPOSED BUDGET BREAKDOWN
Budget Elements Year One Year Two Year Three
Labor:
1 Management Labor $ /1e,3v $ /795 $ /7, ?_4
2 Management Benefits _�
3 Office/Clerical Labor
4 Office/Clerical Benefits '
5 Operator Labor � -
6 Operator Benefits /2 15,601
7 Administration Labor - ICA
—
8 Administration Benefit 6,.287
Subtotal $ $
Expenses
1 General Liability Insurance $ $ • f $ i
2 Vehicle Insurance
3 ' Corporate Overhead
4 Office Supplies •'i '
._.. 1� 9 3'97
. 5 Telephones
6 Travel/Petty Cash • ...
7 .Training and Recruitment
8 Uniforms
9 Physicals Soo ?x, 33/
10 Other - Please Specify I:
11 Contract Fee 3 3/S9, •j _35,02-
Subtotal
3,02-Subtotal $ 3q,W $ 3� $ f
f
Total Budget $/Vol 7
'� fnC/vc��� �n Con�rCtcr� 74e
REQUEST FOR PROPOSALS
Form A
(Page 2 of 2)
J.
Based on the above budget figures and based on an estimate of 8000 vehicle j
service hours indicate below:
Monthly Fee for Fixed Costs $ 289rf $ .2935 $ �7
Hourly Rate for Variable Costs $ /;.IV/ $ /,V.03 $ 15448
The above budget breakdown and the other attached proposed materials represents
an offer to do work as described in this proposal. It is understood that this
offer shall remain in effect until , 1988 unless withdrawn pursuant
to the conditions of the subject
Signature:
(Authorized Person wit Legal Authority to Bond
Proposer) /
Signer's Name and Title
Date Signed: I /G
i
14
City of Atascadero
REQUEST FOR PROPOSALS
Form B
PROPOSED STAFFING PLAN
Number of Number of Average Hourly Wage
Job Classification Positions Hours Wage Scale Year 1 Year 2 Year 3
Management:
1) Site Supervisor to 7-1f P�O 8•C?
2)
3)
4)
5)
Operations:
1) .Drivers.
2) Dispatchers /p ?i 77t 7 leo 700 747- 7LS'
•r•
Wage Scale would be the range of hourly wage or monthly salary.
Average Pay is a forecast of the average wage paid that is used to develop the
Budget Breakdown on Form A.
Indicate whether Permanent (P) or Temporary (T) employees.
_ C j ret •
IB IT B
City of Atascadero opy
REQUEST FOR PROPOSAL
FORM A
(Page 1 of 2)
PROPOSED BUDGET BREAKDO14N
Budget Elements Year One Year Two Year Three
I
Labor:
I Management Labor- $ 21,304 $ 22,369 $ 23,487
2 Management Benefits 4,558 4,785 5,024
3 Office/Clerical Labor 17,203 18,063 1—$69-
4 Office/Clerical Benefits 1.985 2,048 2,188
5 Operator Labor 45.583 47,862 50,255
6 Operator Benefits 8,454 8,876 9,319
7 Administration Labor 9,650_ 10.132 10,638
8 Administration Benefit 2,064 2.167 2,275
Subtotal $110.801'/ $116.338 $122.152
Expenses
r
1 General Liability Insurance $ * $ * $
2 Vehicle Insurance 14.980 15.729 16.515
3 Corporate Overhead 8.132 x.132 8.132
4 Office Supplies _ 480 500 500
5 Telephones 720 750 770
6 Travel/Petty Cash 1-Son 1.800 1.800
7 Training and Recruitment 250 250 250 _
8 Uniforms 300 inn _ 300 I
9 Physicals 250 ono X00
10 Other - Please Specify _1..520. 1 ,59A 1-676
11 Contract Fee 10-non In„pnj 10.000 _ I�
Subtotal
$ $ �9 �SZ $ 40
Total Bud et1)
g -$1b9�24� $1556C5 $162. 95
* INCLUDED IN CORPORATE OVERHEAD -.GSA
1) If the expansion of service to include Saturday occurs, additional costs
will be incurred for dispatcher time.
REQUEST FOR PROPOSALS
Form A
(Page 2 of 2)
Rased on the above budget figures and based on an estimate of 8000 vehicle
service hours indicate below:
Monthly Fee for Fixed Costs $ 7.933.00 $ 8,246.42 $ 8,568.42
Hourly Rate for Variable Costs $ 6.755 _ $ 7.092 $ 7.447
The above budget breakdown and the other attached proposed materials represents
an offer to do work as described in this proposal. it is understood that this
offer shall remain in effect until 1988 unless withdrawn pursuant
to the conditions of the subject RFP.
• Signature: 0-
(Authorize rson with Legal Authority to Bind
Proposer)
James L. Pierson
Signer's Name and Title President
Date Signed: January 12, 1988
•
0
City of Atascadero
REQUEST FOR PROPOSALS
Form B
i PROPOSED STAFFING PLAN -
Number of Number of Average Hourly Wage
Job Classification Positions Hours Wage Scale Year 1 Year 2 Year 3
Management: -
1) Site Supervisor 1 2;056 9.00-9.92 9.00 9.45 9.92
2) District Mana¢er 1 200" 12.00-15.00 14.00 14.70 15.44
3) _.
4)
5)
Operations:
1) Drivers . . 10 (P.T.) 8.850 4.75-6.75 5.16 5.41 5.68
2) Dispatchers 3 (P.T.) 2,699 5.00-7.50 6.38 6.69 7.03
3)
4)
Wage Scale would be the range of hourly wage or monthly salary.
Average Pay is a forecast of the average wage paid that is used to develop the
Budget Breakdown on Form A.
Indicate whether Permanent (P) or Temporary (T) employees.
ALL EMPLOYEES ARE PERMANENT
O �1 EXHIBIT g �r L
a '�
.
City of Atascadero
REQUEST FOR PROPOSAL
FORM A
(Page 1 of 2)
PROPOSED BUDGET BREAKDOWN
Budget Elements Year One Year Two Year Three
Labor:
1 Management Labor $24,000 $ 23,210 $ 24,487
2 Management Benefits 4,415 4,211 4,442
3 Off ice/Clerical Labor 28,500 30,067 31,721
4 Off ice/Clerical Benefits 6;856 7,'233 7,621
5 Operator Labor . 47,000 49,585 52,312
6 Operator Benefits 20,239 21,352 22,526
7 Administration Labor 3,900 4,115 4,340
8 Administration Benefit 708 747 788'
Subtotal $135,617 $140,520 $ 148,236
Expenses
1 General Liability Insurance $30,800 $32,495 $ 34,282
2 Vehicle Insurance 36,944 38,753 40,609
3 Corporate Overhead
4 Office Supplies 1,924 2,030 2,141
5 Telephones 1,300 1,300 1,300
6 Travel/Petty Cash 1,200 1,200 1,200
7 Training and Recruitment 3,166 1,7951,894
8 Uniforms 870 918 968
9 Physicals 480 249 258
10 Other - Please Specify * 822 867 915
11 Contract Fee 21,312 22,013 23,180
Subtotal $98,818 $101,620 $106,747
Total Budget $234,436 $242,140 $254,983
* GPPVpe rmits for vehicles
* Drivers Class' II licenses
* Fidelity Bond
a REQUEST FOR PROPOSALS
Form A
(Page 2 of 2)
Based on the above budget figures and based on an estimate of 8000 vehicle
service hours indicate below:
f
Monthly Fee for Fixed Costs /no insur. $ 8,287.75 $8,329.58 $ 8,771.16
Hourly Rate for Variable Costs $ 8.40 $8.86 $ 9.35
**Hourly Rate for Fixed Costs/with incur S 13,993.08 $14,266.91 $ 15,012.08
The above budget breakdown and the other attached
g proposed materials represents
- an offer to do work as described in this proposal. It is understood that this
offer shall remain in effect until , 1988 unless withdrawn pursuant
to the conditions of the subject RFP.
Signature: `
(Authorized Person ith Legal Ai to Bond
Proposer)
' '
Si ners Name and Title ^_ SE•�c�sFRt, VKe p
Signer's ��i�i at�oE`y
Date Signed: TAA 1ST t�Qq
"The insurance bid may change at the time the contract is awarded. The insurance
quote cannot be guaranteed at this time dur to the uncertainty of the insurance
market.
1 .
City of Atascadero
REQUEST FOR PROPOSALS
Form B
PROPOSED STAFFING PLAN
j Number of Number of Average Hourly Wage
Job Classification Positions Hours Wage Scale Year 1 Year 2 Year 3
1
Management:
1) Site Supervisor 1 (P) 40/Wk. $22K-$24.SK 522,000 $23.= S24y4ay
2) Reservations 1 fP) 40/WK 6,50-7.37 S6 so $5 22— $7 17
3)
4)
5)
Operations:
1) Drivers 4 (P) 40/Wk. 5.50-6.67 $5.75 $6.33 $6.67
�2) Dispatchers 1 (P) 40/Wk. 7.21-8.34 $7:21 $7.91 , $8.34
3)
4)
Wage Scale would be the ranee of hourly wage or monthly salary.
Average Pay is a forecast of the average wage paid that is used to develop the
Budget Breakdown on Form A.
Indicate whether Permanent (P) or Temporary (T) employees.
iS •
D. Protests
Any, prospective proposer wishing to protest any aspect
of this RFP or selection process must submit said protest
in writing to the Director of Public Works . The City' s
response will be mailed to all proposers as an addendum,
and said response shall complete the local protest review
procedure.
E. Proposal Submittal Deadline
Proposals will be accepted until 2 : 00 p.m. Jan . 6,
1989 at which time an opening will be held. Until award of
contract , the proposals will be held in confidence and
shall not be made available for public review.
F. Evaluation of Proposals
A review panel has been established to review all
proposals submitted pursuant to the terms of this RFP. The
evaluation of proposals will be based on the following
point system. The proposals will be evaluated by the
following point system with total points possible to be
100.
15 Points : Completeness of proposal submitted and
compliance with terms of the request . Incomplete or vague
proposals may . be rejected. Response of References .
Operations plans and schedule for implementing the proposed
service . Proposer' s interview.
40 Points : Cost of providing required service. s
15 Points : Management approach , and employment and
training practices .
(t
30 Points : Experience and capabilities of General !
Contractor. (4 points per year) .
The City reserves the right to award the contract to
other than the lowest cost proposal allowing for a more
responsive proposal that addresses all of the above
criteria and best satisfies the cities needs . The
evaluation team may consider criteria other than the above
as necessary in the selection process .
i
j • • i
t
G. Interview
Prospective proposers should be prepared to attend an
interview. Key management personnel must be available at
the interview including, at a minimum, the proposed Site
Supervisor and responsible senior management employee. City
may choose, at its sole discretion, to not interview all
proposers .
i
H. Selection
The Atascadero Citv Council will receive a
recommendation from the Evaluation Team and Interview Panel j
based on the results of the proposal evaluation and
personal interviews . Such a recommendation is expected to
be made at the regularly scheduled City Council meeting on
January 24 , 1989.
City reserves the right to withdraw this RFP at any
time without prior notice . City also makes no
representation that any agreement will be awarded to any
proposer responsing to this RFP. City expressly reserves
the right to reject any and all proposals or to waive any
irregularity or informality in any proposal or in the RFP
procedure and to be the sole judge of the responsibility of
any proposer and of the suitability of the materials and/or
services to be rendered.
III . CONDITIONS AND INSTRUCTIONS FOR PROPOSED SUBMITTALS
Attached is a Draft Transit Operations Agreement and a
detailed Scope of Work for this project . These contain
other specific ' contractural conditions such as
indemnification, insurance, contract termination , payment
process , affirmative action, etc . The successful proposer,
if any, will be expected to execute an agreement
substantially identical to the agreement attached,
A. Adherence to Proposal Form
All proposals are to be prepared in strict conformity with
these instructions and submitted on the forms requested.
Unacceptable conditions , limitations , provisions, or
failure to respond to specific instructions or information
requested in the RFP may result in rejection of the
proposal .
f
L
m
INTERVIEW
Management and Operation
City of Atascadero
Dial-a-Ride
Prepared by:
Community Transit Services, Inc.
(a subsidiary of DAVE Systems, Inc)
1450 E. 17th Street
Santa Ana, CA 92701
Who is Community Transit Services?
• Operating subsidiary of DAVE Systems and BFI
DAVE founded in 1969
Operating paratransit services in California since 1972
• Only national firm specializing in paratransit
"We wrote the book"
• Community oriented
Serving 30 communities, primarily in California
Community-based service designed specifically for
Atascadero
• Since 1987, a subsidiary of Browning-Ferris Industries
SYSTEM PRODUCTIVITY
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Highlights of our proposal for the Atascadero Dial-a-Ride:
• -Resident Location Supervisor with community experience and
commitment to CTS's objectives
• Nationally recognized safety and training program
Empathy sensitivity training
Safety Pay$
Passenger assistance training
• Unequalled insurance coverage
• Minimize employee turnover
Awards program
• DAVE-designed scheduling and dispatch system
maximizes productivity
• Company support
District Manager, Dave Smith
Regional Manager, Mark Wells
Management team
• Substantial corporate resources
Why stay with CTS?
• Proven commitment to Atascadero
• Continuity of service
• History of excellent service
• Community and patron support
• Excellent safety record
• Paratransit is our specialty - we wrote the book!
THANK YOU !
SAFETY/AWARD RECORD
EMPLOYEE SAFETY EMPLOYEE OF
NAME HIRE DATE AWARDS THE MONTH
Laura Dillard 04/04/84 2 yr. 9x
Linda Lounder 07/18/85 2 yr. 6x
Janet Speaks 10/08/86 2 yr. 4x
William Brehm 07/08/87 1 yr. 2x
Jack Yarger 11/12/87 1x
Linda Smith 06/15/88 1x
Theresa 06/15/88
Pierce
Katherine 11/28/88
Wood
Carole 11/28/88
Barendt
Eleanor Stacy 11/28/88
ACCIDENT FREQUENCY
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•
MEMORANDUM
TO: City Council
THROUGH: Rav Windsor . Citv Manaaer
FROM: Paul j�CM.. Sensibaugh , Director of Public Works
'
SUBJECT : Es a�'blishment of a 4-Way Stop Intersection
Atascadero Avenue at Santa Ynez
DATE: February 1 . 1989
Recommendation :
The Traffic Committee recommends that Council adopt the
attached resolution establishing a stop intersection on
Atascadero Avenue at its northwesterly intersection with
Santa Ynez Avenue , (See Sketch) (Resolution No. 8-89)
• Background:
This intersection is currently controlled by a 3-wav
stop intersection . Several requests have been presented to
the Traffic Committee to stop the fourth lea. On two
previous occasions the Committee denied the reauests due to
adeauate sia_ht distance and smooth flow. It is now the
opinion of the Traffic Committee that establishing a 4-wav
stop intersection will improve traffic safety at this
location since it is often assumed that the northwesterly lecr
of traffic will stop because the southeasterly lea stops . A
4-way stop will eliminate this confusion without affecting
the hia_ h school entrance except during certain school
events .
Fiscal Impact :
The cost of this improzrement will be approximately 850
to be paid out of 1988/89 budgeted funds .
•
•
RESOLUTION NO. 8-89
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING A 4-WAY STOP
INTERSECTION ON ATASCADERO AVENUE AT SANTA YNEZ
WHEREAS . Section 4-2 . 801 et seq. of the Atascadero
Municipal Code allows the City Traffic ' Engineer to
determine the location of STOP intersections , and to place
and maintain appropriate signs or markings indicating the
same ; and
WHEREAS . there exists a 3-Wav stop at the above
intersection ; and
WHEREAS . the Atascadero Traffic Committee has
recommended that establishing a STOP intersection on
Atascadero Avenue . northwest leg, at Santa Ynez Avenue
will improve a hazardous traffic situation .
NOW. THEREFORE. BE IT RESOLVED that the City of •
Atascadero directs the Citv Traffic Engineer to place and
maintain appropriate signs or markings indicating a 4-Wav
STOP intersection at the location listed above .
On motion by and seconded by
.the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote :
AYES :
NOES :
ABSENT :
ADOPTED:
ATTEST :
BOYD C . SHARTIZ . City Clerk BONITA BORGESON. Mavor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
JEFFREY G. JORGENSEN e4t�—S ENSIBAUGH
Citv Attorney Director of Public Works
+ City Enaineer
EXHIBIT A
HIGH SCHOOL
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THIS SHEET INDICATES
THIS SECTION CONTAINS
POOR QUALITY IMAGES
• � AGE1�tt�A
M E M O R A N D U M
TO: Citv Council
THROUGH: Rav Windsor . Citv Manaaer
FROM: Paul Sensibaugha Director of Public Works
SUBJECT : Establishment of No Parkina Areas
DATE: February 6 , 1989
Recommendation :
The Traffic Committee recommends that Council adopt
• the attached resolutions establishing two No Parkina zones
behind the high school on Monday throuiah Fridav from 6 AM
to 6 PM. (Resolution No. 's 9 & 10-89)
Discussion:
The Traffic Committee has received requests from
residents in the area to prohibit on-street parking on
both San Marcos and Navarette in the areas desianated in
the attached resolutions .
In the past the Traffic Committee has worked with the
principal of the high school to correct parking n_ roblems
at various locations behind the school , Principal Kidwell
has stated that adequate parkinca in available in the front
student parking lot and that prohibiting parking behind
the school would not "hinder the Atascadero Hia_ h School
students from finding a parking spot" .
Fiscal Impact :
Establishment of these No Parking areas would cost
approximately $200 to be paid out of the 1988189 Street
Department Budget .
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RESOLUTION NO 10-89
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARKING ZONE ON BOTH SIDES OF NAVARETTE
FROM SAN ANDRES TO 200' WESTERLY
WHEREAS . Section 4-2 . 1101 et sequence of the
Atascadero Municipal Code allows the Citv Traffic Engineer
to determine the location of NO PARKING areas . and to place
and maintain appropriate signs or markings indicating the
same • and
WHEREAS . The Traffic Committee has studied the traffic
problems at this locations and has determined that a No
Parking zone is appropriate for this location on Monday
through Fridav from 6 AM to 6 PM.
NOW, THEREFORE. BE IT RESOLVED that the City of
Atascadero directs the Cit_v Traffic Engineer to place and
maintain appropriate signs or markings as indicated above .
On Motion by Councilman .and seconded
by Councilman ,the foregoing resolution is
herebv adopted in its entiretv on the following roll call
vote :
AYES :
NOES :
ABSENT :
ADOPTED:
ATTEST : CITY OF ATASCADERO
BOYD C . SHARITZ , City Clerk BONITA BORGESON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH
City Attorney Director of Public Works/
City Engineer
RESOLUTION NO 9-89
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARKING ZONE ON BOTH SIDES OF SAN MARCOS
FROM SAN ANDRES TO 800' SOUTHWESTERLY
WHEREAS . Section 4-2 . 1101 et sequence of the
Atascadero Municipal Code allows the Citv Traffic Enqineer
to determine the location of NO PARKING areas , and to place
and maintain appropriate signs or markings indicating the
same.; and
WHEREAS . The Traffic Committee has studied the -traffic
Droblems at this locations and has determined that a No
Parking zone is appropriate for this location on Monday
through Fridav from 6 AM to 6 PM.
NOW, THEREFORE. BE IT RESOLVED that the City of
Atascadero directs the Citv Traffic Engineer to place and
maintain appropriate signs or markings as indicated above .
On Motion b_v Councilman and seconded
by Councilman ,the foregoing resolution is
hereby ado-oted in its entirety on the followina_ roll call
vote :
AYES :
NOES :
ABSENT :
ADOPTED:
ATTEST : CITY OF ATASCADERO
BOYD C . SHARITZ . City Clerk BONITA BORGESON, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH
Citv Attorney Director of Public Works/
Citv Enaineer
MA
n ��
M E M O R A N D U M
TO: City Council February 14 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director W✓
SUBJECT: TIME E%TENSION FOR TENTATIVE PARCEL MAP 29-86
9990 El Camino Real
BACKGROUND:
On January 17 , 1989, the Planning Commission considered the above
referenced request on its consent calendar. On a 7 : 0 vote, the
Commission approved a time extension to January 26 , 1990 per the
attached staff report.
RECOMMENDATION:
Approval per the Planning Commission' s recommendation.
•
HE :ps
Enclosure: Staff Report dated January 17 , 1989
cc Mike Hawkins
Twin Cities Engineering
•
0
CITY OF ATASCADERO Item: A-2 •
STAFF REPORT
FOR: Planning Commission Meeting Date: 1/17/89
BY: Doug Davidson, Associate Planner File No: TPM 29-86
SUBJECT:
To allow a time extension in order to give the applicant
additional time to comply with the conditions of the tentative
map.
BACKGROUND:
On January 26, 1987, the City Council approved Tentative Parcel
Map 29-86, allowing the division of a 1. 09 acre parcel into two
lots of 0. 45 and 0. 64 acres each, subject to the conditions
contained in the staff report dated January 5, 1987. A written
request was received from the property owner on January 3, 1989
for a one year time extension.
A. SITUATION AND FACTS: •
1. Applicant. . . . . . . . . . . . . . . . . .Mike Hawkins
2. Representative. . . . . . . . . . . . . . .Twin Cities Engineering
3. Project Address. . . . . . . . . . . . . . 9990 El Camino Real
4. Legal Description. . . . . . . . . . . .Lot 1, Block 11, A.0
5. Site Area. . . . . . . . . . . . . . . . . . . . 1. 09 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CS (Commercial Service)
7. General Plan Designation. . . . .Heavy Commercial
8. Existing Use. . . . . . . . . . . . . . . . .Service station/Retail
9. Environmental Status. . . . . . . . .Negative Declaration filed
November 3, 1986
•
•
805/434 -1834
TWIN CITIES
ENGINEERING
INC,
CIVIL ENGINEERING S SURVEYING
ALLEN W. CAMPBELL RCE 20244
December 30 , 1988
City of Atascadero
P.O. Box 747
Atascadero , CA 93423
ATTN: Steve De Camp
RE : Hawkins Parcel Map AT 86-222 , Time Extension
9990 E1 Camino Real (Lot 1 , Block ll , A.C . )
(Hand Delivered)
i
Dear Mr. DeCamp :
We are currently in the process of actively pursuing final approval
of this project. We would request a one-year time extension to
allow finalization. Attached is the fee of $220 . 00 (check #5914) .
Should you have any questions , please contact this office .
Sinc rely,
d l
Russell S. Thom son
Associate Engineer
RST/pas
EX14tBrr A
REgUEFST FOR
't' I M E E XPE/U S1 10PJ
•
P.O. BOX 777 • 200 MAIN STREET • TEMPLETON, CALIFORNIA 93465
B. ANALYSIS:
The two year approval period for this tentative map expires on
January 26, 1989. In addition to this original time period,
under the City' s Subdivision Ordinance, the City Council may
extend the map for a period or periods not to exceed one year.
Staff sees no problem in granting this time extension to allow
completion of all the conditions. An amended Conditional Use
Permit was approved by the Planning Commission on July 7, 1987
(per map condition #14) . As stated in Exhibit A, there have been
no ordinance or policy changes which would affect this approval.
Approval of this one year time extension shall expire on January
26, 1990.
C. RECOMMENDATION:
Staff recommends approval of the time extension request based on
the findings in Exhibit B and the conditions set forth at the
time the map was originally approved (Exhibit C) .
ATTACHMENTS: Exhibit A - Request for Time Extension
Exhibit B - Findings for Approval
Exhibit C - Staff Report dated January 5, 1987
DD\dd
Exhibit B - Findings for Approval (Time Extension)
Tentative Parcel Map 29-86 (Hawkins)
January 17, 1989
Findings
1. There have been no changes to the provisions of the General
Plan or Zoning Ordinance applicable to the project since the
approval of the entitlement.
2. There have been no changes in the character of the site or
its surroundings which affect how the standards of the
General Plan or Zoning Ordinance apply to the project.
3. The proposed project is consistent with the Subdivision
Ordinance (Section 11-4. 203 - Time Extension)
City of Atascadero Item: A.2
STAFF REPORT
FOR: Planning Commission Meeting Date: January 5 , 1*
BY:,. Psteven L. DeCamp, Senior Planner File No: TPM 29-86
Project Address : 9990 E1 Camino Real (Lot 1 ; Block 11 ; AC)
SUBJECT:
Subdivision of one parcel containing 1.09 acres into two (2) lots contain-
ing 0..64 acres and 0.45 acres.
BACKGROUND:
Notice of public hearing was published in the Atascadero News on Friday,
December 26, 1986. All property owners of record located within 300
feet of the subject property were also notified on that date.
A. SITUATION AND FACTS :
1. Applicant. . . . . . . . . . . . . . . . . . . . . . . .Mike Hawkins
2. Representative. . . . . . . . . . . . . . . . . . .Twin Cities Engineering
3. Site Area. . . . . . . . . . . . . . . . . . . . . . . . 1. 09 acres
4. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . .CS (Commercial Service)
5. Existing Use. . . . . . . . . . . . . . . . . . . . .Commercial building currently
under construction
6. Adjacent Zoning. . . . . . . . . . . . . . . . . .North: CT (Commercial Tourist)
South: RMF-16 (Residential
Multi-family)
East : CR (Commercial Retail)
West : CS (Commercial Service)
7. General Plan Designation. . . . . . . . .Heavy Commercial
8. Environmental Status . . . . . . . . . . . . .Negative Declaration posted
November 3, 1986
B. ANALYSIS:
The application before the Commission proposes the subdivision of
one parcel containing 1.09 acres into two (2) parcels containing 0. 64
acres and 0.45 acres. The property proposed for subdivision is lo-
cated in a Commercial Service (CS) zoning district. There is no mini-
mum lot size established by the Zoning Ordinance for parcels located
in this district. Minimum lot sizes in commercial zones are deter-
mined by market conditions and development constraints (e.g. parking
requirements , site configuration, etc. ) . EX H IBC r G
S7-AFP-- REPcR-r
SAN• sJ iy 87
TPM 29-86 (Hawkins/W 0
ANALYSIS: (Cont' d)
The development proposed for this property was reviewed and approved
by this Commission on April 21, 1986. Conditional Use Permit (CUP)
8-86 established conditions of approval for a service station/con-
venience store and additional retail space. Current development plans
call for the deletion of the additional retail space and construction
of only the service station/convenience store. The proposed subdi-
vision of the property will separate the site of the service station/
convenience store site from the balance of the property.
Because the second half of the originally planned project will not
be constructed, some of the conditions imposed by CUP 8-86 may no
longer be applicable or may be in need of revision. Therefore, ap-
proval of the tentative parcel map will be conditioned upon approval
of an amended Conditional Use Permit application.
The proposed subdivision does not present significant planning issues.
Site development issues will be addressed by a new Conditional Use
Permit application.
C. RECOMMENDATION:
Staff recommends conditional approval of Tentative Parcel Map 29-86
based on the Findings in Exhibit D and Conditions of Approval in
Exhibit E.
SLD:ph
ATTACHMENTS: Exhibit A - Location and Zoning Map
Exhibit B - Tentative Parcel Map
Exhibit C - CUP 8-86 Conditions of Approval
Exhibit D - Findings for Approval
Exhibit E - Conditions of Approval
Fx141 151
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CUP 8- 8!o C0Kd(-A4)"5
-rpm Z 9-86
Conditional Use Permit 8-86 (Jaco Oil/Mike Hawkins)
EXHIBIT E - Conditional Use Permit 8-86
Findings and Conditions for Approval
April 21, 1986
FINDINGS:
1. The proposed project is consistent with the general plan land use
map designation of heavy commercial and land use policies.
2. The proposed project satisfies all applicable provisions of this
Title.
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 wel-
fare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to prop-
erty or improvements in the vicinity of the use.
4. The proposed project will not be inconsistent with the character
of the immediate neighborhood or contrary to its orderly
development.
5. The proposed use or project will not generate a volume of traffic
beyond the safe. capacity of all roads providing access to the pro-
ject, either existing or to be improved in conjunction with the
project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance
with the land use element.
6. The proposed project meets all the site location criteria estab-
lished by Section 9-4.164 and site development deficiencies can
be brought into conformance by site design modification.
7. The proposed project, in conformance with the recommended condi-
tions of approval, will not have a significant adverse effect upon
the environment. The negative declaration prepared for the pro-
ject is adequate.
CONDITIONS OF APPROVAL:
1. All construction shall be in conformance with Exhibit E (condi-
tions of approval) and Exhibits C and D (site plan and elevations
as modified) , and all other applicable codes and ordinances of the
City of Atascadero. —
2. All conditions of approval herein shall be complied with prior to
occupancy of any buildings.
3. Landscape and irrigation plans in conformance with Section 9-4.124
Conditional Use Petat 8-86 (Jaco Oil/Mike Hawtns)
shall be approved by the Community Development Department prior to
issuance of building permits.
4. All above-ground utilities on the site shall be underground ed.
All new utilities and utility connections shall also be placed
MODlFlE� underground.
5. Submit two sets of grading, drainage, and erosion control plans
for review and approval by the Community Development and Public
Works Departments in accordance with Sections 9-4.138 and 9-4.148.
6. Include storm water detention and drainage plan in project plan-
ning. Submit calculations for the entire project prior to approv-
al of the first building permit.
7. Public improvement drawings shall be reviewed and approved by the
Public Works Department prior to issuance of any building or grad-
ing permits and shall include:
a. Curb, gutter, sidewalk and pave-out including a ten foot
sidewalk along E1 Camino Real and a five foot sidewalk along
San Gabriel Road.
b. Make all curb cut accesses to 30 feet.
C. Improvement shall be installed along the entire property in
contiguous ownership.
61 91-4y twe aunt. _ut aeeesses sl;all tae—pFeyided—aleAq the
eentiquees�..z-ram iezrrp
e. Installation of a valley "U" gutter across San Gabriel Road
at its intersection with EI Camino Real.
8. The owner shall dedicate such additional right-of-way along San
Gabriel and E1 Camino Real to bring the intersection into confor-
mance with traffic design standards as approved by the City
engineers.
9. Existing gas storage tanks shall be removed in conformance with
State law and City codes. The applicant shall also obtain all
permits prior to doing work.
10. Parking shall be redesigned to accommodate a minimum of 24 parking
stalls including one handicapped stall. Parking area shall be
modified to provide 10% landscaping.
11. A lot line adjustment shall be recorded or easements for parking
and access recorded prior to issuance of building permits. Ease-
ments shall also be provided to future northern lot along with
limiting the northern property to one curb cut access.
7
Conditional Use Permit 8-86 (Jaco Oil/Mike Hawkins) 0
12. Service station area shall be modified to provide 20% of the area
for landscaping and a 10 foot landscaped buffer along San Gabriel
Road. '
13. This conditional use permit approval shall expire one year from
the date of final approval unless all conditions are satisfied
and the project shows substantial progress, or unless an extension
of time has been granted pursuant to a written request prior to
the expiration date.
Tentative Parcel Map 29-86 (Hawkins/TCE)
EXHIBIT D - Tentative Parcel Map 29-86
Findings for Approval
January 5, 1987
FINDINGS:
1. The creation of these parcels conforms to the zoning ordinance and
the general plan.
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 development pro-
posed.
5. The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantially and
avoidably injure fish and wildlife of their habitat.
6. The design of the subdivision and the type of improvement will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision; or that
substantially equivalent alternate easements are provided.
7. The proposed subdivision complies with Section 66474.6 of the State
Subdivision Map Act as to methods of handling and discharge of waste.
EXHIBIT E - Tentative Parcel Map 29-86 (Hawkins/TCE)
Conditions of Approval .
January 5, 1987
CONDITIONS OF APPROVAL:
1. Water shall be obtained from the Atascadero Mutual Water Company
and. water lines shall exist at the frontage of each parcel or its
public utility easement prior to recordation of the final map.
2. All existing and proposed utility easements , pipelines and other
easements are to be shown on the final map. If there are other
buildings or other restrictions related to the easements , they
shall be noted on the final map.
3. All conditions of approval required by CUP 8-86 shall be completed
prior to recording the final map or as directed by the Public Works
Director for road improvements.
4. The applicant shall acquire and make an irrevocable offer for dedi-
cation to the City of Atascadero the following rights-of-way:
a. Street Name: Intersection of E1 Camino Real and San Gabriel Road
b. Limits : A twenty (20) foot radius at the Southeast corner of
the intersection for corner rounding.
5. An offer of dedication shall be made to the public for the Public
Utilities Easements.
6. Offers of dedication shall be completed and recorded prior to or
simultaneously to recording the final map.
7. Install all street signs, traffic delineation devices , warning and
regulatory signs , guardrail, barricades , and other similar devices
where required by the Public Works Director as per approved site plan.
Signs shall be in conformance with the Public Works Department stan-
dards and the current State of California uniform sign chart. Instal-
lation of traffic devices shall be subject to review and modifications
after construction.
8. The property line wall between Parcel 1 and Parcel 2 shall be rede-
signed, and appropriate revisions to the issued building permit shall
be filed and approved by the Chief Building Inspector, to bring said
wall into conformance with the fire rating requirements of the Uniform
Building Code.
9 . Wastewater disposal shall be by connection to the public sewer.
10. Obtain a sewer connection permit from the Public Works Department
prior to hooking up to public sewer.
11. The applicant shall pay sewer connection fees and annexation fees
for the additional lots created, in addition to the usual connection
tap-in and installation fees , prior to final building inspection.
ADMINISTRATION BUILDING •
CITY ATTORNEY
POST OFFICE BOX 747 POST OFFICE BOX 606
ATASCADERO. CALIFORNIA 93423 -�''/:�". ATASCADERO.CALIFORNIA 93423
PHONE: (805) 466-8000 PHONE: (805)466.4422
CITY COUNCIL aseadeiC� -�-
CITY CLERK POLICE DEPARTMENT
CITY TREASURER INCORPORATED JULY 2. 1976ATASCADE O CALIFORNIA
T OFFICE BOX 747
CITY MANAGER - PHONE: (805) 456-8600
ADMINISTRATIVE SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
..�..
PUBLIC WORKS DEPARTMENT •I FIRE DEPARTMENT
PARKS AND RECREATION DEPARTMENT ' 6005 LEWIS AVENUE
ATASCADERO. CALIFORNIA 93422
PHONE: (805) 466.2141
May 13, 1986
Mr. Roy Saunders
Jaco Oil Company
P.O. BOX 1807
Bakersfield, CA
SUBJECT: Conditional Use Permit 8-86
9990 El Camino Real
Dear Mr. Saunders :
At the Planning Commission' s regular meeting held April 21, 1986
a public hearing was conducted concerning your request to allow
• for the establishment of a service station and convenience store
with a future retail store at the above-referenced location.
Upon review, the Commission approved the application subject
to the findings and conditions contained in the staff report
with the following modifications :
Condition #4 changed to read: "All above-ground utilities on
the site shall be undergrounded. When an undergrounding district
is formed in the area, all new utilities and utility connections
shall be placed underground at the time of building permit. "
Deletion of Condition #7-d.
This is to advise that the approval of this application became
effective on May 5th, after a fourteen day' appeal period. No
appeals were received during this time.
Please contact the Community Development Department if you should
have any questions concerning this matter.
Sincerely,
Patricia Shepphard
• Administrative Secretary I
/ps
CC: Mike Hawkins
CONDITIONS OF APPROVAL - TPM 29-86 - Cont ' d
40 12. A City standard fire hydrant shall be installed on E1 Camino Real
along the frontage of Parcel 2. The exact location of said fire
hydrant shall be determined by the Atascadero Fire Department at
the time of development of Parcel 2.
13. Obtain Encroachment Permit from City of Atascadero (Public Works
Department) . Sign an Inspection Agreement and a Curb and Gutter
Agreement, guaranteeing that the work will be done and inspections
paid for, prior to the issuance of a Building Permit, and construct
improvements as directed by the Encroachment Permit prior to final
building inspection. Improvement Plans prepared by a Registered
Engineer shall be submitted and approved by Department of Public
Works prior to the issuance of the Building Permit.
14. Applicant shall apply for and obtain approval of an amended Condi-
tional Use Permit to address , among other items , required parking for
the development on Parcel 1 prior to recording the final map.
15 . A final map drawn in substantial conformance with the approved ten-
tative 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 Lot Division Ordinance prior to
recordation.
a. Monuments shall be set at all new property corners created and
a registered civil engineer or licensed land surveyor shall in-
dicate, by certificate on the final map, that corners have been
set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
b. A recently updated preliminary title report shall be submitted
for review in conjunction with the processing of the final map.
c. A preliminary subdivision guarantee shall be submitted for re-
view in conjunction with the processing of the final map.
16. Approval of this tentative parcel 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.
• MEff AGENDA
DAT tfFM
•
M E M O R A N D U M
TO: City Council February 14 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director 4K
SUBJECT: ACCEPTANCE OF FINAL PARCEL MAP 34-87
LOCATION: 5450 Santa Fe Road
APPLICANT: Charles Hill (Tartaglia-Hughes)
BACKGROUND:
• On December 8, 1987 , the City Council approved Tentative Parcel
Map 34-87 , subject to certain conditions and in concurrence with
the recommendation of the Planning Commission.
RECOMMENDATION:
The required conditions have been complied with and the final map
is recommended for approval .
HE :ps
cc : Charles R. Hill
Tartaglia-Hughes
•
i
�p EXHIBIT A LOCATION MAP
:, ; CITY OF ATASCADERO Ma TPM:34-87
Tent p
r.:.: a = . -s 5450 Santa Fe Road
--SC C : COMMUNITY DEVELOPMENT (Hill/Tartaglia) •
DEPARTMENT ..
Site 5450 Santa Fe Road ;
TPM:34-87
- (Hill/Tartaglia)
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• MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensibaugh, Director of Public Works/City Engineer
Subject : HVAC Contract—R.P . Richards
Date : February 6, 2989
Recommendation:
Staff recommends that Council approve the contract for the
Hepting, Ventilating and Air Conditioning and Administration
Building renovation work between the City and R. P. Richards in the
amount of $558,475 .
Background:
• Council awarded this project to R.P . Richards at the last
regular council meeting.
Discussion :
Bids for the above project were received on November 20, 2988 .
'ie work inclunes Removal and Sealing of asbestos insulation around
piping within vertical pipe chases and piping in basement ($54, 000) ,
Construction of mechanical pad and brick masonry unit enclosure at
parking lot ($58, 000) , Mechanical Renovation (HVAC system) including
soffit work ($345 , 000) , and Architectural Renovation including the
3rd Floor restrcoms and painting and carpeting in some offices
($iol ,476) .
Fiscal Impact .
Council has, appropriated an additional $80 . 000 for the
completion of this pro.)ect .
0
AGREEMENT
(PUBLIC IMPROVEMENT)
THIS AGREEMENT is made and entered into by and between the City of
Atascadero, a Municipal Corporation, hereinafter called "City", and
R.P. RICHARDS CONSTRUCTION CO.
hereinafter called "Contractor" .
City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided, and execution of this
contract.
•
A notice was duly published for bids for the contract for the
improvement hereinafter described.
On September 28 , 1988 , after notice duly given, the
City of Atascadero awarded the contract for the construction of the
improvements hereinafter described to Contractor , which Contractor was
found by the City to be the lowest responsible bidder for construction
of said improvements.
City and Contractor desire to enter into this agreement for the
construction of said improvements.
The h parties .hereto agree as follows.
PAGE 2
1 . Scope of Work
Contractor shall perform the work described briefly as follows:
Removal and sealing of material containing asbestos,
Architectural, Mechanical, and Electrical rehabilitation of
specified areas and the 3rd floor restrooms, construction of a
brick masonry unit enclosure or chain link enclosure for City
of Atascadero Administration Building Renovation - Phase II-C
2 . The Contract Documents
The complete contract consists of the following documents:
This Agreement, the Notice Inviting Sealed Proposals, the
Accepted Bid, the complete , detailed Plans and Specifications
including Special Provisions, Faithful Performance Bond and
Labor and Materials Bond. All said documents together and
hereinafter referred to as "The Contract Documents" .
All of the above-named documents are intended to be
complimentary, so that any work or obligation called for in
one, and not mentioned in the other or vice versa, is to be
performed the same as if mentioned in all said documents.
3 . Definitions and Terms
Whenever in these specifications, or in any of the contract
documents, the following terms are used, the intent and meaning
shall be as follows:
A. Bidder - Any individual, firm or corporation submitting a
proposal for the work contemplated, acting directly or
through a duly authorized representative.
B. City - The City of Atascadero.
C. City Council - The City Council of the City of Atascadero.
D. City Engineer or Engineer - The City Engineer of the City
of Atascadero or his duly authorized representative or an
architect or engineer retained by the City for this work.
E. Inspector - An authorized representative of the City
assigned by said City to make inspection of work performed
by or material supplied by the Contractor ,
I
• I
PAGE G 3
F. Plans The official plans, profiles, sections and working
drawings duly approved by the City Council on the date
thereon recorded, which have been prepared by the City
Engineer as the basis for proposals and subsequent
construction of the 'prbject and made a part of the contract
as above defined by incorporation and reference; all
drawings submitted by the successful bidder, if and when
approved by the Engineer; and all drawings submitted by
the City to the Contractor during the progress of the work
as provided hereinafter.
G. Proposal - The offer of the bidder for the work made out
and submitted on the prescribed form.
H. Specifications - The directions, provisions, and
requirements contained in the plans and special provisions
including any and all standards or specifications adopted
by reference in such plans or special provisions.
I. Work - The project covered by the plans and specifications.
J. Completion - ,Work shall be deemed complete only after
report and recommendation by the City Engineer to the City
Council recommending that a Notice of Completion be f it
acceptance by the City Council on the basis of s
recommendation and the actual filing of a Notice 0
Completion by the City Clerk in the manner provided by law.
4 . Schedule
All work shall be performed in accordance with the schedule
provided by the Contractor and approved by the City Engineer,
and under the direction of the City Engineer. Any departure
therefrom at the request of the Contractor , must be in writing,
and be approved by the City Engineer. If such departure
necessitates an extension of the time for performance, then the
Contractor must apply for such extension in writing at the time
that said request or departure from schedule is made.
5 . Equipment - Performance of Work
Contractor shall furnish all tools, equipment, apparatus,
facilities, labor and material necessary to perform and
complete in a good and workmanlike manner, the work of general
construction as called for, and in the manner designated in,
and in strict conformity with, the plans and specifications for
said work, which said specifications are entitled:
Removal and sealing , of material containing asbestos,
Architectural, Mechanical and Electrical Rehabilitation
specified areas and the 3rd floor restrooms, construction of
brick masonry unit enclosure or chain link enclosure for City
of Atascadero Administration Building Renovation - Phase II-C.
PAGE 4
The equipment, apparatus, facilities, labor and materials shall
be furnished and said work performed and completed, as required
in said plans and specifications under the direction and
supervision, and subject to the approval of, the City Engineer.
6 . Contract Price
This section provides for and shall apply to both lump sum
contracts and unit price contracts together with combinations
thereof and any possible alternates thereto as set forth in the
following subsection:
A. Lump Sum Contract - City shall pay and Contractor shall
accept, in full payment for all the work above agreed to be
done, the sum of $558,476.00
Any changes necessitated by modifications on, additions to
or deletions from the original contract documents as the
same provide on the date of execution hereof shall be
negotiated • at the time of such change on the basis of the
City' s adopted "Change Order" procedure. Said procedure
requires that each such change order be in writing, signed
by the Contractor and approved by the City Engineer and the
City Manager.
B. Unit Price Contract - City shall pay and Contractor shall
accept in full payment for the work above agreed to be done
the estimated sum of
it being expressly understood that it is the intent and
purpose of this unit price contract that the final total
amount to be paid shall be based upon the units of work
actually completed. Any changes necessitated by
modifications on, additions to, or deletions from, the
original contract documents as the same provide on the date
of execution hereof involving units of work of a type not
included in the original proposal . shall be negotiated at
the time of such change on the basis of the City' s adopted
"Change Order" procedure. Said procedure requires that
each such change order be in writing, signed by the
Contractor and approved by the City Engineer and the City
Manager.
7 . Nondiscrimination Clause
A. During the performance of this contract, Contractor and its
subcontractors shall not unlawfully discriminate against
any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical
PAGE 5
handicap, medical condition, marital status, age (over 40)
or sex. Contractors and subcontractors shall insure that
the evaluation and treatment of their employees and
applicants for employement are free of such discrimination.
Contractors and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act
(Government Code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California
Administrative Code, Title 2 , Section 7285 .0 et. seq.) The
applicable' regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 129901 set
forth in Chapter 5 of Division 4 of Title 2 of the
California Adminstrative Code are incorporated into this
contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall
give written notice of their obligations under this clause
to labor organizations with which they have a collective
bargaining or other agreement.
B. This Contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts to
perform work under the contract.
8 . Time for Performance
The time for performance shall be as set forth in the speci*
provisions.
9 . Right of City to Increase Working Days
If the work be not completed within such time, the City
Engineer shall have the right to increase the number of working
days in the amount he may determine will best serve the
interests of the City, and if he desires to increase said
number of working days, he shall have the further right to
charge to Contractor and deduct from the final payment for the
work and the actual cost of engineering, inspection,
superintendence and other overhead expenses which are directly
chargeable to Contractor , and which accrue during the period of
said extension.
10 . Option of City to Terminate Agreement in Event of Failure to
Complete Work
If Contractor shall have refused or failed to prosecute the
work, or any severable part thereof, with such diligence as
will insure its completion within the time specified, or any
extensions thereof, or shall have failed to complete said work
within such time, or if Contractor should be adjudged bankrupt,
or if Contractor should make a general assignment for t
benefit of Contractor ' s creditors, or if a receiver should
appointed in the event of Contractor ' s insolvency, or
Contractor, or any subcontractor, should violate any of the
PAGE 6
provisions of this agreement, the City Engineer may give
written notice to Contractors and Contractor ' s sureties of the
intentions to terminate this agreement, and, unless within five
days after the serving of such notice, such violation shall
cease and satisfactory arrangements for the correction thereof
be made, this agreement may, at the option of the City Engineer
with written approval of the City Manager, upon the expiration
of said time, cease and terminate.
11 . Liquidated Damages
It is mutually understood and agreed that time is of the
essence of this agreement, and that it is difficult to
ascertain the amount of damages required to properly compensate
City for failure by the Contractor to comply with all the
contract requirements within the time fixed in the agreement.
In accordance with California Government Code Section 53069.85 ,
the amount of liquidated damages to be paid to City for each
day completion is delayed beyond the time for completion, is
set forth in the specification (special provisions) herein.
Contractor hereby acknowledges that he has reviewed said
provisions relating to liquidated damages and the amount
thereof, and accept the same as being reasonable under the
circumstances and as a material part of the consideration for
this contract.
12. Performance by Sureties
In the event of any termination as hereinbefore provided, the
City shall immediately give written notice thereof to
Contractor and Contractor ' s sureties, and the sureties shall
have the right to take over and perform the agreement,
provided, however that if the sureties, within five days after
giving them said notice of termination, do not give the City
written notive of their intentions to take over the performance
thereof within five days after notice to the City of such
election, City may take over the work and prosecute the same to
completion, by contract or by any other method it may deem
advisable, for the account, and at the expense of, Contractor,
and the sureties shall be liable to City for any cost over and
above the sum herein provided for the complete work or damages ;
and in such event, City may, without liability for so doing,
take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to
Contractor as may be on the site of the work and necessary
therefor .
13 . Dispute Pertaining to Payment for Work
Should any dispute arise respecting the true value of any work
done, of any work omitted, or any extra work which Contractor
may be required to do, or respecting the size of any payment to
Contractor during the performance of this contract, such
PAGE 7
dispute shall be decided by Y 9 Cit Engineer, and his decis'1 n
shall be final and conclusive.
14. Permits; Compliance with Law
Contractor shall at Contractor ' s expense, obtain all necessary
permits and licenses for the construction of each improvement,
give all necessary notices and pay all fees and taxes required
by law and by the contract documents. All permits required
from the City of Atascadero shall be issued without charge;
however the Contractor ' shall obtain and pay for a business
license from the City of Atascadero prior to commencing work.
15 . Control of the Work
i 4
A. Authority of the Engineer - The Engineer shall have the
authority to make final decisions concerning the quality
and acceptability of materials furnished and work
performed, the rate of progress, the interpretation of
plans and specifications, the fulfillment of the contract
by the Contractor, and all questions concerning
compensation. The Engineer ' s decisions shall be final and
Contractor shall implement such decision promptly.
Should the Engineer question the compliance with the pl
and specifications or the orders of the Engineer by
Contractor, the Engineer shall have the authority to stop
all work immediately. The Contractor, upon receipt of a
written order, shall immediately suspend work wholly or in
part. The work shall be resumed when ordered in writing by
the Engineer.
The Engineer shall have the authority to stop the work at
any time for any reason he deems justifiable and
appropriate. If the reason for such an order to stop work
is not the fault of the Contractor, in the discretion of
the Engineer, then the Engineer shall have authority to
compensate for such loss of time by approving an extension
of time for completion.
B. Interpretation of Plans and Specifications
Should it appear that an work is not sufficient) detailed
PPe Y Y
or explained in the plans or specifications, the Contractor
shall apply to the Engineer for further explanations.
Should a question arise with respect to the true meaning of
the plans or specifications, the Engineer' s decision shall
be final. If a discrepancy between a drawing and a figure
written thereon should occur, the figure shall be taken as
correct. If the plans and specifications should
inconsistent, the specifications shall govern. 16
C. Working Drawings
PAGE 8
The Contractor shall supply 1 to the Engineer, for his
g
approval, equipment manufacturer ' s drawings for all
equipment supplied and any other drawings, diagrams am
charts' required by the Engineer.
Approval by the Engineer of the Contractor ' s working
drawings does not relieve the Contractor of responsibility
for accuracy of dimensions and details.
D. Inspection
The City will provide sufficient personnel for the
inspection of the work. The Engineer and his
representatives shall at all times have access to the work
whenever it is in preparation or progress, and the
Contractor shall provide proper facilities for such access
and for inspection. If the specifications, the Engineer' s
instructions, laws, ordinances, or any public authority
requie the work to be specially tested or approved, the
Contractor shall give the Engineer timely notice of its
readiness for inspection, and if the Inspection is by
another authority than the Engineer, then the Contractor
shall notify the Engineer of the time and date fixed for
such inspection. If any work should be covered up without
approval or consent of the Engineer, it must, if required
by the Engineer, be uncovered for examination and properly
restored at the Contractor ' s expense.
Re-examination of any work may be ordered by the Engineer,
and, if so ordered, the work must be uncovered by the
Contractor . If such work is found to be in accordance with
the contract documents, the City shall pay the cost of
re-examination and replacement. If any part of such work
is not in accordance with the contract documents, the
Contractor shall pay such cost. Properly authorized
inspectors shall be considered to be the representatives of
the City limited to the duties and powers entrusted to
them. It will be their duty to inspect materials and
workmanship of those portions of the work to which they are
assigned either individually or collectively, under
instructions of the Engineer and to report any and all
deviations from the drawings, specifications, and other
contract provisions which may come to their notice. Any
inspector shall have the right to order the work entrusted
to his supervision stopped, if in his opinion such action
becomes necessary, until the Engineer is notified and has
determined and ordered that the work may proceed in due
fulfillment of all contract requirements.
Any complaint on the part of the Contractor concerning any
conduct on the part of any inspector shall be reported to
the Engineer at once, and in no event more than twenty-four
hours after the occurrence of the incident first giving
PAGE 9
•
rise to such complaint, and if not so reported shall be
deemed waived by the Contractor .
E. Defective Work
Any work that is not in accordance with the plans and
specifications shall be removed and replaced or corrected
by the Contractor at his expense.
F. Lines and Grades
The Contractor shall give twenty-four (24) hours notice,
excluding weekends or holidays as defined in California
Government Code Section 6700, in writing of the time when
he will require the services of the Engineer in laying out
the work or any part of it.
Whenever required by the City Engineer, in his sole
discretion, the Contractor shall dig all stake holes
necessary to give, line$ and grades. Stakes and marks shall
be carefully preserved and the cost of replacing any stakes
or marks destroyed by reason of the Contractor ' s operations
will be borne by the Contractor .
16 . Superintendence by Contractor
Contractor shall give personal superintendence to the work on
said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer, on the work
at all times during progress of the work with authority to act
for him.
17 . Inspection by City
Contractor shall at all times maintain proper facilities, and
provide safe access for inspection by City to all parts of the
work and to the shops or places whereat the work is in
preparation.
The Contractor shall pay reasonable inspection fees to the City
based upon the compensation rate paid inspectors by the City
for overtime. Overtime shall mean and include work prior to
8: 00 A.M. and subsequent to 5: 00 P.M. whether or not the
total time on the work of improvement herein described exceeds
eight hours on the date such overtime occurs. Overtime shall
also include all work on Saturdays, Sundays, or holidays as
defined in Government Code Section 6700.
18. Extra and/or Additional Work and Changes
The City may at any time during the progress of said w
requrest any alterations, deviations, additions or deletio
from said specifications or plans or other documents. The same
PAGE 10
shall in no way affect or make void the contract, but will be
added to, or deducted from, the amount of said contract price,
as the case may be. In the case of a lump sum contract, the
sum to be added or subtracted shall be a reasonable one based
on the cost to the Contractor plus not more than 25% thereof
for overhead and profit in the case of additions, but not more
than 10% for profit only. In the case of a unit price contract
such changes shall be based upon the unit prices bid. Request
for such change must be made in writing signed by the City
Engineer, shall be accompanied by the plans and specifications
for such purpose, and shall be accepted in writing by the
Contractor .
19. Inspection and Testing of Materials
Contractor shall notify City a sufficient time in advance of
the manufacture or production of materials to be supplied by
Contractor under this contract in order that City may arrange
for mill or factory inspection and testing of same.
Any materials shipped at Contractor ' s request from factory
prior to having satisfactorily passed such testing and
inspection by City's representative shall not be used on said
improvement unless the City Engineer notifies the Contractor in
writing that such testing and inspection will not be required;
provided further, however, that in any event the City Engineer
may require such testing or inspection on the job site prior to
use or installation of any or all materials delivered thereto
as he deems fit and provided further that if any materials fail
to meet or pass such test or inspection they shall not be used.
Contractor shall also furnish City certified copies of all
required factory and mill test reports.
20 . Permits and Care of Work
It shall be the responsibility of the Contractor to examine the
site of the work and be familiar with its topography and
condition, location of property lines, easements, building
lines, underground lines, facilities or obstructions, if any,
and other physical factors and limitations affecting the
performance of this agreement. The indication on the plans or
otherwise of the existence of any such items shall in no way be
construed as a warranty on the part of the City as to their
precise location or that these are the only such items located
or affecting the work or the site thereof. The City in
preparing plans had made reasonable efforts to locate and
identify any and all such items but it is understood and agreed
that the City accepts no responsibility or liability for their
location, character or existence. Should any facility be
damaged, the Contractor shall repair or replace it at his
expense.
21 . Relationships and Responsibilities
PAGE 11
0
A. Laws to be Observed - The Contractor shall keep himself
fully informed of all State and National laws and City or
County Ordinances, where applicable, and shall fully comply
with the provisions of such laws and ordinances.
Before submitting bids, bidders must be licensed in
accordance with the appropriate section of the State
Business and Professions Code.
B. Patents - The Contractor shall assume all costs, expenses
and liabilities arising from the use of patented materials,
equipment, devices or processes.
C. Public Convenience - The Contractor shall so conduct his
operations as to offer the least possible obstruction and
inconvenience to public traffic and he shall have under
construction no greater length or amount of work than he
can prosecute properly with due regard to rights of the
public. All traffic shall be permitted to pass through the
work with as little inconvenience and delay as possible.
Convenience of abutting owners along the road shall be
provided for as far as practicable. Convenient access to
driveways, houses and buildings along the line of the work
shall be maintained and temporary approaches to crossii s
or intersecting roads shall be provided and kept in g
condition. To effect the above requirements, the Engin
may order Contractor to provide necessary crossings or
approaches and may limit the area in which Contractor may
work at any one time. No extra payment shall be allowed
Contractor for any such work so ordered by Engineer to
maintain access for abutting property owners or businesses.
D. Public Safety - The Contractor shall furnish, erect, and
maintain such fences, barriers, lights and signs as are
necessary to give adequate warning to the public at all
times that the work is under construction and of any
dangerous conditions to be encountered as a result thereof.
The warning signs, lights and other safety devices shall
conform to and follow the requirements of the Vehicle Code
and of any sign manual issued by the Division of Highways,
of the State of California and currently in effect, and any
regulations adopted by the City and in effect at the time
of this agreement. All such devices shall be furnished,
erected and maintained subject to the approval of the City
Engineer.
At the end of each day's work and at other times when
construction operations are suspended for any reasons, the
Contractor shall remove all equipment and other
obstructions from the portion of the roadway open for
by public traffic. 6
E. No Personal Liability - Neither the Engineer nor any other
PAGE 12
s
City Officer or authorized representative of the City shall
be personally responsible for any liability arising under
the contract.
F. Guarantee - The Contractor shall promptly repair, replace,
restore or . rebuil,d., , as,.the City may determine, any finished
work in which defects of materials or workmanship may
appear or to which damage may occur because of such
defects during a one-year period subsequent to the date o
� f
9 Y Pe q
f inal acceptance.
G. Subcontracting - No subcontractors will be recognized as
such; all persons engaged in the work will be considered
as employees of the Contractor, who will be held
responsible for their work.
The Contractor shall give his personal attention to the
fulfillment of the contract and shall keep the work under
his control. Before any work is started on a subcontract,
the Contractor shall file with the Engineer, a written
statement of the work to be subcontracted, giving the names
of the subcontractors and a description of the work to be
done by each subcontractor . If - a subcontractor is not
doing satisfactory work, the Engineer may request that he
be replaced. The subcontractor shall be removed
immediately and shall not go on the job site again.
1 . Limits of Persons on the Job Site
The City Engineer may, at any time by written
direction, if good cause is shown, in his sole
discretion, require that any employee of the Contractor
is replaced. He may also require that the Contractor
limit access to the work site any persons not employees
of the Contractor or authorized representatives of the
City.
H. Assignment - The performance of the contract may not be
assigned except upon the written consent of the City
expressed by its governing body.
Consent will not be given to an assignment which would
relieve the Contractor of his responsibility under the
contract.
I. Use of Completed Portions - The City shall have the right
to take possession of and use any completed or partially
completed portions of the work, not withstanding the time
for completing the entire work or such portions may not
have expired; but such taking of possession and use shall
not be deemed an 'acdeptance of any work not completed in
accordance with the Contract Documents.
PAGE 13
22. Other Contracts
City may award other contracts for additional work, and
Contractor shall fully cooperate with such other contractors
and carefully fit Contractor ' s own work to that provided under
the contracts as may be directed by the City Engineer.
Contractor shall not commit, or permit, any act which will
interfere with the performance of work by any other contractor .
23 . Payments to Contractor
No payments of any kind shall be made to the Contractor by the
City prior to the initial date therefore specified in the
special provisions which are a part of these contract
documents. Contractor shall submit to the City Engineer a
complete itemized statement of all labor and materials or of
units installed, if any be appropriate, incorporated into the
improvement since the preceding payment or the commencement of
the work and the portion of the contract sum applicable
thereto. Such itemized statement shall be submitted not more
often than once a month. On approval in writing of said
statement by City Engineer and the Director of Finance of the
City, the City shall pay Contractor a sum based upon ninety
(90) percent of the contract price apportionment of the labor
and materials of units installed, incorporated into
improvement under the contract during the period covered
said statement.
The remaining ten (10) percent thereof shall be paid Contractor
thirty-five (35) days after final acceptance of the work by
City, on duly certified voucher therefor , after Contractor
shall have furnished City with a release of, or bond against,
all claims against City, if required by City, arising under and
by virtue of this contract, and work done, and materials
furnished hereunder. In the event that there are any claims
specifically excepted by Contractor, if permitted by City, from
the operation of the release, there shall be retained by City
stated amounts to be set forth herein, and approved by City.
If the City, in calling for bids , so provides no progress or
installment payments, whatever will be made and full payment
will be made upon completion subject only to the statutory
requirements withholding a percentage subject to stop notices
by labor and material men. If the work is to be paid in one
payment under such alternative, then the statement by the
Contractor as hereinabove described shall apply to the entire
work rather than only to the previous period and must be
submitted as hereinabove set forth.
24 . Withholding Security
Upon receipt of a written request form, and at the sole expent
of the Contractor, securities equivalent to the amount withheld
I
PAGE 14
pursuant to Section 22 , above, shall be deposited by the
Contractor with the City.
The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest
earned thereon. Should the Contractor elect to deposit
eligible securities with the City, nothing herein shall be
construed as creating any obligation in the City to manage said
securities to maximize earnings or avoid losses on behalf of
Contractor, nor as establishing any special or fiduciary
relationship between City and Contractor arising out of its
acceptance of said securities. The City's function shall be
that of a depository and shall be one of reasonable care in the
handling of said securities. In no instance shall the City' s
liability for the loss or destruction of same exceed the face
value or actual market value at the time of deposit . with the
City, whichever is the lesser.
25 . Security Release
Securities deposited pursuant to Section 24 above shall be
released to the Contractor, or otherwise disposed of, pursuant
to Section 23 herein, which section governs the release or
disposition of contract funds withheld to ensure performance of
this contract.
26 . Contract Security
Concurrently with the execution hereof, Contractor shall
furnish: (1) a surety bond in an amount equal to at least one
hundred percent of the contract price as security for the
faithful performance of this contract; and (2) separate surety
bond in an amount equal to at least seventy-five percent of the
contract price unless a greater percentage is required by the
special provisions, as security for the payment of all persons
performing labor and furnishing materials in connection with
this contract.
The form of each of said bonds shall be satisfactory to the
City Attorney. The bonds shall be supplied by sureties
licensed to issue such bonds in the State of California.
27 . Indemnification
Contractor hereby agrees to, and shall hold City, its elective
and appointive boards , officers, agents and employees, harmless
from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property
damage for personal injury, including death, as well as from
claims for property damage which may arise from Contractor ' s or
40 any of subcontractor ' s operations under this agreement, whether
such operations be by Contractor or by any subcontractor, or
subcontractors, or by any one or more persons directly or
PAGE 15
indirectly employed by or acting as agent for Contractor
any subcontractor or subcontractors. Contractor agrees to, and
shall, defend City and its elective and appointive boards,
officers, agents and employees from any suits or actions at law
or in equity for damage caused, or alleged to have been caused,
by reason of any of the aforesaid operations; provided as
follows:
A. That City does not, and shall not, waive any rights against
Contractor which it may have by reason of the aforesaid
hold-harmless agreement, because of the acceptance by City
or the deposit with City by Contractor, of any of the
insurance policies hereinafter described in paragraph 25
hereof.
B. That the aforesaid hold-harmless agreement by Contractor
shall apply to all damages and claims for damages of every
kind, suffered, or alleged to have been suffered by reason
of any of the aforesaid operations of Contractor or any
subcontractor, regardless of whether or not such insurance
policies shall have been determined to be applicable to any
of such damages or claims for damages.
28. Insurance
Contractor shall not commence work under this contract until
shall have obtained all insurance required under this section.
All insurance provided by the Contractor or obtained for him in
connection with this Contract shall be provided by and through
an insurance carrier licensed to provide such insurance in the
State of California. All certificates of insurance or
endorsements of insurance ,required hereunder must be approved
as to form by the City Attorney.
A. Compensation Insurance - Contractor shall take out and
maintain, during the life of this contract, workmen' s
compensation insurance ' for all his employees employed at
the site of improvement, and if any work be sublet,
Contractor shall require subcontractor similarly to provide
workmen' s compensation insurance for all of the latter ' s
employees, unless such employees are covered by the
protection afforded by the Contractor . If any class of
employees engaged in work under this contract at the site
of the project is not protected under any workmen' s
compensation law, Contractor shall provide and shall cause
each sub-contract to provide adequate insurance for the
protection of employees not otherwise protected.
Contractor agrees to indemnify the City for any damage
resulting to it from failure of either Contractor or any
subcontractor to take out or maintain such insurance.
B. Public Liability and Property Damage Insurance - Contraco
shall take out and maintain during the life of this
i
PAGE 16
contract such public liability and property damage
insurance as shall protect City, its elective and
appointive boards, officers, agents, and employees,
Contractor and any subcontractor performing work covered by
this contract from claims for damages for personal property
damage which may arise from Contractor ' s or subcontractor ' s
operation under this contract, whether such operations by
Contractor or by any subcontractor, or by anyone directly
or indirectly employed by either Contractor or any
subcontractors and the amounts of such insurance shall be
as follows:
1. Public Liability Insurance - In an amount not less than
$500 ,000 for injuries, including, but not limited to,
death, to any one person and in an amount not less than
$1,000 ,000 .00 on account of any one occurence.
2 . Property Damage , Insurance - In an amount of not less
the $250 ,000 for damage to the property of each person
on account of any one occurence.
29. Proof of Insurance
Contractor shall furnish City, on a form approved by the City
Attorney, concurrently with the execution hereof, with
satisfactory proof of carriage of the insurance required, which
shall give adequate legal assurance that each carrier will give
City at least ten day' s prior notice of the cancellation of any
policy during the effective period of this contract. The
aforementioned insurance shall also name the City as
additionally insured.
30. Legal Work Day - Penalties for Violation
Eight hours of labor shall constitute a legal day' s work;
Contractor shall not require more than eight hour' s labor in a
day from any person employed by Contractor in the performance
of such work. Contractor shall forfeit as a penalty to City
sum of $10 .00 for each laborer, workman, or mechanic employed
in the execution of this contract by the Contractor , or by any
subcontractor for each calendar day during which such laborer,
workmen, or mechanic is required or permitted to labor more
than eight hours in violation of the provisions of the labor
code of the State of California.
31 . Prevailing Wage Scale
The minimum compensation to be paid for all labor performed
under this contract shall be the prevailing rate as determined
by the Director of the Department of Industrial Relations, for
this area.
A copy of the prevailing rate of per diem wages is available in
PAGE 17
the office of the City Clerk.
The job site of each contract, for the purpose of section
1773 .2 of the Labor Code, shall be the Atascadero
Administration Building, 6500 Palma Ave. A copy of the
prevailing rate per diem wages is posted at this location.
32 . Emergency - Additional Time for Performance - Procurement of
Materials
If, because of war or other declared emergency, the Federal or
State government restricts, regulates, or controls the
procurement and allocation of labor or materials, or both, and
if solely because of said restrictions, regulations, or
controls, Contractor is, through no fault of Contractor, unable
to perform this agreement, or the work is thereby suspended or
delayed, any of the following steps may be taken:
A. City may, pursuant to written authorization by the
Engineer and the City Manager, grant Contractor
additional time for the performance of this agreement,
sufficient to compensate in time for said delay or
suspension.
To qualify for such extension in time, Contrac
within five days of Contractor ' s discovering so
inability to perform, shall notify the City Engineer,
in writing thereof, and give specific reasons therefor ;
City Engineer shall thereupon have sixty days within
which to procure such needed materials or labor as is
specified in this agreement, or permit substitution, or
provide for changes in the work in accordance with
other provisions of this agreement. Substituted
materials, or changes in the work or both shall be
ordered in writing by the City Engineer, with the
written approval of the City Manager.
All reasonable expenses of such procurement incurred by
the City shall be defrayed by Contractor ; or
B. If such necessary materials or labor cannot be procured
through legitimate, channels within sixty days after the
filing of the aforesaid notice, either party may, upon
thirty days' written notice, terminate this agreement.
In such event, Contractor shall be compensated for all
work executed upon a unit basis in proportion to the
amount of work completed, or upon a cost-plus ten
percent basis, whichever is the lesser. Materials on
the ground in process of fabrication or en route upon
the date of notice of termination specially ordered f
the project and which cannot be utilized by Contract
shall be compensated for by City at cost, includi
freight, provided that Contractor shall take all steps
• •
PAGE 18
possible to minimize this obligation; or
C. The City Engineer, by his written order approved ir:.
writing by the City Manager, may suspend this agreement
until the cause of inability to perform is removed but
for a period of not to exceed sixty days.
If this agreement is not canceled, and the inability of
Contractor to perform continues, without fault on
Contractor ' s part, beyond the time during which the
agreement may have been suspended, as hereinabove
provided, City Council may further suspend this
agreement, or either party hereto may without incurring
any liability, elect to declare this agreement
terminated upon the grounds of impossibility of
performance. In the event City declares this agreement
terminated, such declaration shall be authorized by the
City Council, be resolution. Upon such termination
Contractor shall be entitled to proportionate
compensation at the agreement rate for such portion of
the agreement as may have been performed. Notice
thereof shall be forthwith given in writing to
Contractor , and 'this agreement shall be terminated upon
receipt by Contractor of such notice.
In the event of the termination provided in this
subparagraph (C) , none of the covenants, conditions or
provisions hereof shall apply to the work not
performed, and City shall be liable to Contractor only
for the proportionate compensation last herein
mentioned.
33 . Provisions Cumulative
The provisions of this agreement are cumulative and in addition
to and not in limitation of, any other rights or remedies
available to City.
34. Notices
All notices shall be in writing and delivered in person or
transmitted by certified mail , postage prepaid.
Notices required to be given to City shall be addressed as
follows:
CITY OF ATASCADERO
6500 PALMA AVENUE
P.O. BOX 747
. ATASCADERO, CA 93422
".•� Notices required to be given to
Contractor shall be addressed as fol 0s:
R-.P. RICHARDS CONSTRUCTION CO.
5949 Hollister Avenue
Goleta, CA 93117
Notices required to be given sureties
of Contractor shall be addressed as
follows:
HARTFORD FIRE INSURANCECOMPANY .
c/o MANCHESTER INSURANCE AGENCY
4860 Calle Real
Santa Barbara, CA 93160-6930
DATED this 7th day of February ,19 89
CITY OF ATASCADERO, CALIFORNIA
ATTEST:
BY
APPROVED AS TO FORM
' R:P. 4RICHARDSN�'I:RJCTION CO.
BY
City Attorney By• �r •
BR AR
DATE gecre axyHrnasure�
Contractor
Licensed in accordance with an
act providing for the
Department Head registration of Contractors.
DATE License No.1AAQAA
Classification u.,gti,__C43,C-4,,_
C38, C209 C61,
(City Manager.) C42, C34
DATE
,
AI/�I�IIe CERTIFICA OF INSURANCE ISSUE DATE(MM/DD/YY)
2-7-89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
anchester Insurance _
.0. Drawer 6930 COMPANIES AFFORDING COVERAGE
Santa Barbara, CA. 93160
COMPANY
LETTER A American States
CODE SUB-CODE
COMPANY B Beaver Insurance
INSURED LETTER
R.P. Richards Construction Co. ETTER Y C
5949 Hollister Ave.
Goleta, CA. 93117 i�eRY D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE'POLICY EXPIRATION ALL LIMITS IN THOUSANDS
tLTR DATE(MM/DD/YY) DATE(MM/DD/YY)
EGENERAL LIABILITY GENERAL AGGREGATE $ 1,000,
A X COMMERCIAL GENERAL LIABILITY CC302785 4-1-88 4-1-89 PRODUCTS-COMP/OPS AGGREGATE $ 1,000,
CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY $ 1,000,
X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,
FIRE DAMAGE(Anyone fire) $ 50,
MEDICAL EXPENSE(Any one person) $ 5,
AUTOMOBILE LIABILITY COMBINED
X ANY AUTO CC426239 4-1-88 4-1-89 uM TLE $ 1,000,
X ALL OWNED AUTOS BODILY
INJURY $
X SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY
INJURY $
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY CA. Employees
B AND W0007487 4-1-88 4-1-89 $ 1,000, (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ 1,000, (DISEASE—POLICY LIMIT)
$ 1,000, (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Re: Job #8901, Atascadero City Hall, Rehabilitation Phase IIC. The City of Atascadero,
its elective & appointive boards, officers, agents & employees are additional insured.
CERTIFICATE HOLDER CANCELLATION
The City Of Atascadero SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
6500 Palma Ave. Room 311 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Atascadero, CA. 93422 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABII OF ANY KIND UPON TRE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH IZ R ATIVE
ACORD 25-S(3188) (DACORD CORPORATION 1988
Boo# 5076765
Premium
PERFORMANCE BOND
KNOW ALL MEN BY .THESE PRESENT; that
WHEREAS, The City Council of the City of Atascadero, State
of California, by Resolution adopted
has awarded to R P RICHARDS, INC. , DBA: R P RICHARDS CONSTRUCTTON OOMPANY
hereinafter designated as the "Principal" , a contract for con-
struction
on-struction of ATASCADERO CITY HALL REHABILITATION PHASE II C
now on file in the office of the City Engineer of
the City of Atascadero; and
WHEREAS , said Principal is required under the terms of
said contract to furnish a bond for the faithful performance of
said contract;
NOW, THEREFORE, WE R. P. RICHARDS, INC DBA: R. P_ RT('.HARPI
CONSTRUCTION COMPANY
As principal, hereinafter designated as the "contractor" and
HARTFORD FIRE INSURANCE COMPANY
as Surety, are held and firmly bound unto the City of Atascadero,
in the sum of FIVE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRED Dollars
SEVEN17 SIX AND NO/100------------------------
($ 558,476.00 ) , said sum, being one hundred percent of the
B-1
estimated amount payable by the said City of Atascadero under
the terms of the Contract, for which .payment well and truly
to be made ," we bind ourselves , our heirs , executors and
administrator, successors or assigns , jointly and severally,
firmly by these presents .
THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the above bounded Principal , his or its heirs ,
executors , administrators , successors or assigns , shall
in all things stand to and abide by, and well and truly
keep and perform the covenants , conditions and agree-
ments in the said contract and any alteration thereof
made as therein provided on his or their part,. to be
kept and performed at the time and in the manner therein
meaning and shall indemnify and save harmless the City of
Atascadero, its officers and agents , as therein stipu-
lated, then this obligation shall become null and void;
otherwise it shall remain in full force and effect .
And the said Surety, -for value received, hereby stipu-
lates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or
to the work to be performed thereunder or the Standard
Specifications and Special Provisions accompanying the
same shall in any way affect its obligations on this
bond, and it does hereby waive notice of any change,
extension of time, alteration or addition to the terms
of the contract or to work or to the said Standard
Specifications and Special Provisions .
B-2
IN WITNESS WHEREOF, this instrument has been duly
executed by the Principal and Surety above named, on the
7TH r day of FEBRUARY , 19 89
ADDRESS OF CONTRACTOR R. P. RICHARDS, INC(SEAL)
dba R.P. R CHARDS CONSTRICTION CO.
`L&Kt)
5949 HOLLISTER AVENUE
-�'�
BR N J' RICHARDS, '
Secretar /Treasu - •
GOLETA, CA 93117 Y rt. 'AL)
ADDRESS OF SURETY:
P. 0. BOX 4916 AFb
FIRE INSi PAA§J�I-WMPA�;Y
DIAMOND BAR, CA 91765 E L)
CHESTER, A:nT0RNEY-IN-FACT
CORPORATE ACKNOWLEDGMENT No.202
State of CALIFORNIA On this the 7 day of FEBRUARY 199,before me,
County of SANTA BARBARA SS. ORLANDO P. IUELE
the undersigned Notary Public,personally appeared
PAUL MANCHESTER
personally known tome
O proved tome on the basis of satisfactory evidence
to be the person(s)who executed the within instrument as
ATTORNEY—IN—FACT
o rl SE t or on behalf of the corporation therein
named,and acknowledged to me that the corporation executed it.
I
=-0 "N >, WITNESS mnd and official seal.
F-1; t,orrmission. E pi,es J::n.M, i993
Notary's Signature
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document.
T IS CERTIRCATE T itle or Type of Document
M 1ST BE ATTACHED
T THE DOCUMENT Number of Pages Date of Document
D SCRIBED AT RIGHT: Signers)Other Than Named Above
7120 122 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Awe.•PO.Box 7184•Canoga Park,CA 91304.7184
0 Bond• 5076765
Premium
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS , THAT
WHEREAS , The City Council of the City of Atascadero,
State of California, by Resolution adopted ,
has awarded to- R. P.. RICHARDS, INC. , DBA: R. P. CONSTRUCTION COMPANY ,
hereinafter designated as the "Principal", a contract for con-
struction of ATASCADERO CITY HALL REHABILITATION PHASE II C ,
in stict conformity with the plans .and specifications dated
on file in the office of the City Engineer; and
WHEREAS , said Principal is required to furnish a bond in
connection with said contract, providing that if said Principal ,
or any of his or its sub-contractors , shall fail to pay for any
materials , provisions , provender or any other supplies or teams
used in, upon, for or about the performance of the work contracted
to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter
set forth;
NOW, THEREFORE, WE, R P RICHARDS, INC •DBA: R. P. RICHARDS
CONSTRUCTION COMPANY
As principal , hereinafter designated as the "Contractor" and as
Surety, are held and firmly bound unto the City of Atascadero,
in the sum of FIVE HUNDRED FIFTY EIGHT THOUSAND FOUR HUNDRE1LDollars
SEVENTY SIX AND NO/100--------
($ 558,476.00 ) , said sum being seventy-five percent of
the estimated amount payable by the said City of Atascadero under
the terms of the contract, for which payment well and truly to be
made , we bind ourselves , our heirs , executors and administrators ,
successors or assigns , jointly and severally, firmly by these
presents .
B-4
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the Contractor, his or its heirs , executors ,
administrator, successors or assigns shall fail to pay for any
materials , 'provisions , provender or other supplies or teams
used in, upon, for or about the performance of the work con-
tracted to be done , or for any work or labor thereon of any
kind, as required by the provisions of an act of the Legisla-
ture of the State of California, entitled: "An act to secure
the payment of claims of persons employed by Contractors upon
Public Works , and the claims of persons who furnish materials,
supplies , teams , implements or machinery used or consumed by
such contractors in the performance of such works , and pre-
scribing the duties of certain public officers with respect
thereto" approved May 10, 1919, as amended, and provided that
the person, companies -or corporations so furnishing said
materials , provisions , provender or other supplies , teams ,
appliances or power used, in upon, for or about the perform-
ance of the work contracted to be executed or performed by
any person, company or corporation renting or hiring teams or
implements or machinery or power for or contributing to said
work to be done, or any person who performs work or labor upon
the same, or any person who supplies both work and materials
therefor, shall have complied with the provisions of said Act ,
then Surety will pay the same in or to an amount not exceeding
the amount hereinabove set forth, and also will pay in case
suit is brought upon this Bond such reasonable Attorney' s Fees
as shall be fixed by the court, awarded and taxed as in the
abovementioned Statute provided.
This Bond shall insure to the benefits of any and all
persons, companies and corporations entitled to file claims
under said act, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
And the said 'Surety, for value received, hereby - stipu-
lates
ereby stipulates and agrees that no change, extension of time , alterations
or additions to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same
shall in anyway affect its obligations on this Bond, and it
does hereby waive notice of any such change , extension of time ,
alteration or addition to the term of the contract or to the
work or to the specifications .
IN WITNESS WHEREOF, this instrument has been duly
executed by the Principal and Surety above-named, on the
7TH day of FEBRUARY 19$2_•
B-S
Address of Contractor: R P RICHARDS. TNC__ dbaba(SEAL)
. R.P. RICHARDS CONSTRUCTION CO.
5949 HOLLISTER AVENUE (S'EAL)
GOLETA, CA 93117 r I (S EAL,)
BRIAN J. tRICHARDS, 'I
Secretary/Treasurer,
Address of Surety:
P.O. BOX 4916 HARTFORD FIRE INSUANCE CMAW
DIAMOND BAR, CA 91765 (SEAL)
urety"
PAUL MANCHESTER,ATTORNEY—IN=FACT
CORPORATE ACKNOWLEDGMENT NO.202
State of CALIFORNIA On this the 7 day of FEBRUARY 10-9 ,before me,
County of SANTA BARBARA SS. ORLANDO P. IUELE
the undersigned Notary Public,personally appeared
PAUL MANCHESTER
XX personally known to me
El proved to me on the basis of satisfactory evidence
to be the person(s)who executed the within instrument as
ATTORNEY—IN—FACT or on behalf of the corporation therein
OFFICIAL SEAL 4
' �FI SE (E �� named,and acknowledged to me that the corporation executed it.
cOTA;�,Y PU C-.LFORNIAc WITNESS T>4rind and official seal.
F ICE !N
SANTA SAPLI-'SRA CODUNTY
M Commission Lxpnes Jan.9,1993
Notary's Signature
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT �'
DESCRIBED AT RIGHT: Signers)Other Than Named Above
NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Carroga Park.CA 91304.71A
7120 122
e HARTFORD FIRE INSURANCE COMPANY
HIead Cararaaawtt
POWER OF ATTORNEY 5603#
Know all meet by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Connecticut,and having I%principal office in the City of
Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint
PAUL 14MCHESTER and/or ORLANDO IUELE
of SANTA BARBARA, CALIFORNIA
Its true and lawful Attorneys)-in-Fact, with full power and authority to each of said Attorney(s)4n-Fact, in their
separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and
undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of
guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of
contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds
are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required,or
permitted in all actions or proceedings or by law allowed, ;
in penalties not exceeding the sum of TEN MILLION DOLLARS ($20,000,000.00)
each, ------------------—_--_--------~-----------—------------—---------- -�
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such
bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of
the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby
ratifies and confirms all that its said Attorneys)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1)By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duty
called and held on the 9th day of March,1971.
ARTICLE IV
SECTION S.The President or any Vice-President,acting with any Secretary or Assistant Secretary,shall have power and authonty to
appoint,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,one or more
Resident Vex-Presidents,Resident Assistant Secretaries and Attorneys-in-Fact and at any fire to remove any such Resident Vice-President.
Resident Assistant Secretary.or Attorney-in-Fact and revoke the power and authority given to him.
SECTION 11.Attorneys-i -Fad shall have power and authority,subject to the terms and limitations of the power of attorney issued to
them,to execute and deliver on bowl of the Company and to mach the seal of the Company thereto any and all Donde and undertakings and
other writings obligatory in the nature thereof,and any such instrument executed by arty such Attomey-in-Fact Miall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
(2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE
COMPANY duly called and held on the 11th day of June,1976:
RESOLVED: Robert N. H. Server, Assistant Vice-President,"I have as king as he holds such office the same power as any Vice-
President under sections 6.7 and a of Article IV of the By-Laws of the Company.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held
on the 6th day of August,1976.
RESOLVED,that.whereas Robert N.H.Sener,Assistant Vice-President,acting with any Secretary or Assistant Secretary.has the power
and authority.as long as he folds such office,to appoint by a power of attorney,for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof,one or more Resident Vice-Presidents,Assistant Secretaries and Attomey-
in-Fact
Now,therefore,the signatures of such Officers and the seal of the Company may,be affixed to any such power of attorney or to any
certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shalt be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
M Witness Whereof,the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed
by its Assistant Vice-President,and its corporate seal to be hereto affixed,duly attested by its Secretary,this 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
Robert J.Mathieu .4�� Robert N.H.Sener
Secretary Assistant Vice-President
STATE OF CONNECTICUT,
COUNTY OF HARTFORD, ss.
On this 18th day of March,A.D. 1988, before me personally came Robert N. H.Sener,to me known,who being by
me duly sworn, did depose and say:that he resides in the County of Hartford,State of Connecticut;that he is the
Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order. ;' C)
,. . eSJ
STATE OF CONNECTICUT, /
SS. " Jacqueline T.Deroaiem.Notary Public
COUNTY OF HARTFORD, CERTIFICATE My Commission Expires April 1.1993
1, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked;and furthermore,that the Resolutions of the Board of Directors, set forth in the Power
of Attorney,are now in force.
Signed and sealed at the City of Hartford. Dated the 7 day of FUA 19 8
David A.Johnson
Form S-3507-4 (HF) Printed in U.S.A. Assistant Secretary
MEET� AGENDA
DATE, ITEM I
•
M E M O R A N D U M
TO: City Council
FROM: Ray Windsor, City Manager
SUBJECT: Vacation
DATE : February 14 , 1989
With your concurrence, I am planning to take 8 days vacation
commencing March 13th through March 22nd. Unfortunately, this
will necessitate my missing the March 14th Council meeting, which
• will be handled by Paul .
RW: cw
•
OA
M E M O R A N D U M
To : City Council
Through: Ray Windsor, City Manager
From: Mark A. Joseph , Director of Admin. Service 4V
Date: February 9, 1989
Subject : Adoption of Midyear Budget Adjustment Resolution
BACKGROUND
At the Council Workshop on February 9, 1989, several midyear
budget adjustments were approved in concept . The attached
resolution formally amends the existing budget .
The source of funding for these adjustments is the one-time
savings as a result of a surplus in our PERS retirement account .
The costs of the Wage and Classification Study are not included
in this resolution, because the exact costs are not known at this
time. It is anticipated that there will be sufficient money from
the PERS savings to cover the current year 's expense. An -
additional resolution will be presented to Council to address
this issue anticipated in late March , or early April .
RECOMMENDATION
Staff recommends Council adopt the attached resolution.
/ Y
a
RESOLUTION NO. 11-89
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
AMENDING THE 1988-1989 FISCAL YEAR
GENERAL FUND AND CAPITAL PROJECT FUND BUDGETS
WHEREAS, the Atascadero City Council has adopted
official budgets for the General Fund and other operating and
capital funds for fiscal year 1988-1989; and
WHEREAS, there are several departments or projects that
may exceed the original Council appropriation; and
WHEREAS, the exceeding of previous appropriation levels
is due primarily to unforeseen events or based on agreements made
after the 'adoption of the budget ; and
WHEREAS, there is sufficient new revenues or existing
appropriations elsewhere in the budget to accomodate these
overages;
NOW, THEREFORE, BE IT RESOLVED by the Atascadero City i
Council as follows:
The General Fund budget and other operating and capital
fund budgets will be amended as set forth in Attachment 1 , which
is made a"part of this resolution.
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
X`
Resolution 11-99
Page two
PREPARED BY:
MARK A. JOSEPH Director of
Administrative Services
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
JEFFREY G. JORGENSEN, City Attorney
ATTACHMENT 1 TO RESOLUTION #11-89: SCHEDULE OF ADJUSTMENTS TO
REVENUE AND APPROPRIATION ACCOUNTS, BY FUND
FND DPT
NBR NBR OBJ SUB ACCOUNT DESCRIPTION INCREASE DECREASE
------------------------------------------------------------------------
REVENUES - GENERAL FUND
1 3900 900 1 Trans. from GF to Dev. Fee Fund 2, 000
1 3900 900 2 Trans. from GF to Admin. Bldg. 80, 000
Subtotal - Revenues 82, 000
APPROPRIATIONS - GENERAL FUND
1 1 10 50 Health Insurance 677
1 2 10 30 PERS Retirement 1, 272
1 2 10 50 Health Insurance 459
1 3 10 50 Health Insurance 136
1 5 10 30 PERS Retirement 735
1 5 10 50 Health Insurance 735
1 6 10 30 PERS Retirement 440
1 6 10 50 Health Insurance 440
1 6 22 40 Other Contractual Services 15, 000
1 7 10 30 PERS Retirement 426
1 7 10 50 Health Insurance 426
1 7 22 80 Telephone 10, 000
1 15 10 30 PERS Retirement 8, 188
1 15 10 50 Health Insurance 2, 188
1 20 10 30 PERS Retirement 29, 435
1 20 10 50 Health Insurance 5, 168
1 20 22 40 Other Contractual Services 30, 000
1 25 10 10 Permanent Salaries 2, 650
1 25 10 30 PERS Retirement 80, 530
1 25 10 40 Overtime 10,000
1 25 10 50 Health Insurance 14, 890
1 25 10 60 Worker's Compensation 3, 110
1 25 10 70 Medicare 510
1 30 10 10 Permanent Salaries 12, 560
1 30 10 30 PERS Retirement 62, 622
1 30 10 40 Overtime 13, 000
1 30 10 50 Health Insurance 6, 060
1 30 10 60 Worker's Compensation 1, 160
1 30 10 85 Medic Pay 14, 400
1 30 21 0 Special Supplies/Services 6, 000
1 34 10 30 PERS Retirement 288
1 34 10 50 Health Insurance 288
1 35 10 30 PERS Retirement 3, 729
1 35 10 50 Health "Insurance 1, 136
1 36 10 30 PERS Retirement 7, 683
1 36 10 40 Overtime 310
1 36 10 50 Health Insurance 1, 513
1 36 21 60 Bldg. & Grounds Maintenance 3, 000
1 36 22 10 Small Tools 860
1 40 10 30 PERS Retirement 4, 845
1 40 10 50 Health Insurance 1, 311
1 41 10 30 PERS Retirement 9, 678
10-Feb-89 1
AT
ATTACHMENT 1 TO RESOLUTION #11-$9: SCHEDULE OF ADJUSTMENTS TO
REVENUE AND APPROPRIATION ACCOUNTS, BY FUND
FND DPT ,
NBR NBR OBJ SUB ACCOUNT DESCRIPTION INCREASE DECREASE
------------------------------------------------------------------------
1 41 10 50 Health Insurance 3, 884
1 44 10 30 PERS Retirement 6, 456
1 44 10 50 Health Insurance 2, 456
--------------------
Subtotal - Appropriations 149, 327 231, 327
Net Change a2, 000
REVENUES - REVENUE SHARING FUND
4 3900 900 200 Trans. from Rev Sh. to Admin Bldg 106, 189
APPROPRIATIONS - REVENUE SHARING FUND
4 50 48 1 Admin Bldg Renovation 106, 189
APPROPRIATIONS - LOCAL TRANSPORTATION FUND
5 140 10 30 PERS Retirement 58
5 140 10 50 Health Insurance 58
APPROPRIATIONS - SANITATION FUND
6 42 10 30 PERS Retirement 3, 266
6 42 10 50 Health Insurance 3, 262
REVENUES - DEVELOPMENT FEES FUND
7 3900 900 1 Trans. from GF to Dev. Fee Fund 2, 000
7 3900 900 201 Trans. from Dev. Fee to Admin Bldg 278, 000
--------------------
Net Change 276, 000
APPROPRIATIONS - DEVELOPMENT FEES FUND
7 50 47 13 Parking Lot Overlay (P&R) 3, 000
7 50 47 17 2oa Walkways 3, 000
7 50 47 18 Concrete Containers (P&R) 2, 000
7 50 48 1 Admin. Bldg. Renovation 278, 000
--------------------
Subtotal - Appropriations 5, 000 281, 000
Net Change 276, 000
REVENUES - ADMINISTRATION BUILDING RENOVATION FUND
750 0 14 10 Investment Earnings 3, 000
750 O 23 50 Grants 162, 000
750 3900 900 2 Trans. from GF to Admin Bldg 80, 000
750 3900 900 200 Trans. from Rev Sh to Admin Bldg 106, 189
750 3900 900 201 Trans. from Dev. Fee to Admin Bldg 278, 000
Subtotal - Revenues 629, 189
APPROPRIATIONS - ADMINISTRATION BUILDING RENOVATION FUND
750 50 48 1 Admin. Bldg. Renovation 629, 189
10-Feb-89 2
Y z/„�
MEETING AGENDA
DAT ITEMN .....
M E M O R A N D U M
TO: City Council February 9 , 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: Planning Commission Review of FY 1988-93 Capital
Improvement Program
BACKGROUND:
Following the City Council ' s study sessions on the proposed
Capital Improvement Program, the matter was referred to the
Planning Commission for review pursuant to Section 65401 of the
Government Code. This section of the code requires that the
Planning Commission review and comment as to conformity of
proposed CIP with the General Plan. The Commission considered
the matter at their meeting of December 6 , 1988 , with Paul
Sensibaugh presenting the program and responding to questions .
COMMISSION' S COMMENTS:
A number of questions from the Commission had to do with sources
of financing. The Commission reviewed Page 119 of the General
Plan which recites Capital Improvement Projects within the
Colony, and it was noted that a number of the projects had been
completed or included within the planned CIP .
The Commission questioned whether the proposed information data
base scheduled for 1990-91 shouldn' t be scheduled earlier in the
interest of efficiency in providing information.
There was discussion relative to maximizing pursuit of grants,
( such as for the Community Center) , while recognizing that
development of capital projects commits the City to long-term
operation and maintenance costs .
Development of routes to school was discussed; consensus being
that it should have priority for funding, while acknowledging
that monies available for simple road maintenance are currently
insufficient.
HE :ph
cc : Paul Sensibaugh, Public Works Director
Mark Joseph, Administrative Services Director
Dennis Lochridge, Chairman, Planning Commission
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MEETIN AGENDA
DATEV ITEM#
WARREN A SINSHEIMER III SINSHEIMER SCHIEBELHUT 9 BACCETT
ROBERT K. SCHIEBELHUT A PROFESSIONAL CORPORATION STREET ADDRESS:
• K ROBIN BTANCE ATTORNEYS AT LAW
MARTIN J.TANCEMAN 1010 PEACH STREET
MARTIN P. MOROSKI POST OFFICE BOX 31
DAVID A)UHNKE TELECOPIER:
M. SUZANNE FRYER SAN LUIS OBISPO, CAUFOKNIA 93406-0031 805-541-2802
STEVEN J.ADAMSKI
DIANE W MOK05KI 805-541-2800
CYNTHIA CALDEIKA
MICHAEL R PETERSON
SCOTT E. LEWIS
MONIE HUBBARD-HOPKINS
KIM MARIE HEROLD
OF COUNSEL December 19, 1988
D.)AN DUFFY
City Council
City of Atascadero
Administration Building
6500 Palma Avenue
Atascadero, California 93422
Re: Atascadero Roads
Honorable Mayor and Members of the City Council:
This law firm represents Wells Fargo Bank ("the Trustee") ,
• which is trustee of a trust established in 1929 ("the Trust") that
holds as an asset legal interests in roads (some of which exist
only on paper, and some of which exist as paved or unpaved streets)
in Atascadero. The roads were laid out in the early days of
Atascadero's development as Atascadero Colony. The developer at
that time took the unusual step of retaining ownership of the
roads, while giving property purchasers the right to use them. (It
should be noted that usually roads are formally dedicated to public
use and either owned by government, or in the alternative, the land
under a road is owned by adjacent property owners, with the public
having easement rights to use the road. )
Offers to dedicate some of the roads to public use were made,
but apparently were never formally accepted by the City of
Atascadero or its predecessor, the County of San Luis Obispo. The
roads came into the Trust as a consequence of a series of complex
real estate development and financing transactions, occurring in
the context of the developer's bankruptcy in the 1920s and the
economic depression of the 1930s. These transactions are described
in the memorandum prepared by this firm titled "History of
Atascadero Road Title Problems, " dated December 19, 1988, that
accompanies this letter.
For decades the Trustee has believed that such road interests
constituted mere technical clouds on title, with any real ownership
interest lost by either failure to pay property taxes or by implied
• dedication and acceptance of the roads to public use. Since the
1950s, the Trustee has been willing to give quitclaim deeds
City Council
December 19, 1988 •
Page 2
formalizing such transfers to the owners of lands adjacent to such
roads, upon written request and payment of a small administrative
fee. The Trustee's interest in a comprehensive solution, rather
than continuation of this piecemeal approach, has been prompted by
several occasions in recent years in which persons injured in
accidents on portions of Atascadero roads in which the Trustee
holds technical legal rights have claimed that their injuries were
due to defective design or maintenance of such roads, and that the
Trustee should compensate them.
Generally, the Trustee's rights in Atascadero roads may be
divided into these three categories:
I. Road rights developed as a street both used by the public
and maintained by the City of Atascadero.
II. Road rights developed at some point as a road, used by
the public, but never maintained by the City of Atascadero. Some
of these roads are paved, and some are unpaved. Some of these
roads apparently meet minimum safety, construction, and maintenance
standards, but others do not.
III. Road rights that have never been developed as roads, •
which may be located on open land, in backyards, or under buildings
or other development. Some of these "paper roads" may be only a
few feet away from the course of actual roads that fall into
Categories I or II, evidently the result of survey error by whoever
initially constructed the road.
The Trustee would like to end its ownership of even technical
legal interests in these roads. Because roads are a public
function, and benefit the citizens of Atascadero, the City is the
logically appropriate transferee. The Trustee would like to
negotiate transfer of all of the road interests to the City. This
would relieve the Trustee both of personal injury liability risks
and the need to deal with the problem administratively. The
Trustee should not be trapped by the historic peculiarities of the
early development of Atascadero into continuing liability for some
of its roads. Road ownership should rest with an entity, the City
of Atascadero, that is legally and politically accountable to those
who use the roads, the residents of Atascadero. (While most of the
Trustee's road rights are within the City of Atascadero, it should
be noted that a small part are outside the City in San Luis Obispo
County territory. The Trustee will eventually need to negotiate
with the County as to such interests. )
On behalf of the Trustee, we have held preliminary discussions
concerning this issue with Jeffrey G. Jorgensen, Atascadero City
Attorney. Mr. Jorgensen indicated that at this point the City •
would prefer a case-by-case (or at least category-by-category)
City Council
December 19, 1988
Page 3
approach to transfer of roads from the Trustee, rather than a
blanket transfer of all road rights. In part, this is because the
City is sensitive to the same personal injury liability concerns
that worry the Trustee as to substandard roadways, and does not
want to take title to roads that could increase its liability
exposure. Also, a concern was expressed that a takeover of all
road rights would raise unrealistic expectations of Atascadero
residents and also lead them to expect street improvements by the
City that the City cannot afford to make, unless acquisition is in
the context of an overall, city-wide road policy that would include
timing mechanisms for improvements and methods of raising funds for
road improvements. While the Trustee understands these to be
legitimate concerns of the City, it does not believe they are an
insurmountable barrier to transfer of all of the Trustee's road
rights to the City. Moreover, there are compelling logistical
reasons why anything less than a blanket transfer of all of the
Trustee's road rights at one time is impossible.
Applying the City's concerns to the specific road categories
identified above, there appears to be no reason why the City could
not immediately accept the Category I and Category III roads. As
to the Category I roads (streets used by the public and now
maintained by the City) , the City could readily accept title. As
to some such roads, formal offers to dedicate exist; if no formal
offer was made, the Trustee has implied such an offer by allowing
unimpaired public use for many years. Maintenance of the roads by
the City probably constitutes implied acceptance of such offers.
Official acceptance of the offers to dedicate and incorporation of
such roadways into the City-maintained system would be only a
formality; no change in the City's liability exposure or road
maintenance burden would result. As to the Category III roads
(paper rights running across private property) , the City could
accept such roads without increased liability risk because
California law exempts governmental entities from liability for
injury that occurs on government-owned unimproved land.
It is the Category II roads (used by the public, not
maintained by the City, and possibly improperly designed,
constructed, or maintained) that are the most difficult for the
City to accept. Despite the implied offer to dedicate that flows
from long-term public use of such roads, it is possible that the
City's failure to maintain any of the roads in this category or to
formally accept them into the City-maintained road system by
resolution pursuant to Streets and Highways Code Section 1806 means
that it has not by implication accepted the offer to dedicate. Our
discussions with the City Attorney indicated that the City might
accept the roads in this category that it considers to be properly
designed which could be brought into the City-maintained system.
However, there is a concern that some of these roads are too steep,
too narrow, or have curves that are too sharp to meet current road
City Council
December 19, 1988
Page 4
safety standards, or have deteriorated because of poor maintenance
over many years. Obviously, the City does not want to accept these
roads unless it can be assured that it will not be liable for
injuries that occur on them because of such defects which were
beyond the control of the City.
Any case-by-case approach to transfer of road rights, however,
has serious, and probably fatal, logistical problems, because the
Trustee would be unable to use a blanket conveyance to transfer all
of its road rights to the City. Instead, the location of all road
rights to be transferred would have to be specifically described.
At this time, the Trustee does not have a complete inventory of its
road interests in Atascadero; indeed it has never had such a list,
because the Trustee acquired its title by blanket conveyance in
1930, and because incomplete quitclaim records have been kept over
the years since then. Determination of the Trustee's road
interests would require search of title to every parcel of real
property in Atascadero that is adjacent to a road in which the
Trustee may have an interest. This would be literally thousands
of title searches. Aside from the cost problem (probably several
hundred thousand dollars) , the searches could not be completed for
several years. The utility of the work would be limited by the
fact that the title report could never be updated to be final and
complete due to the passage of time required to update thousands
of title searches. This would be "the never ending story. " Thus,
this effectively rules out, on grounds of cost, delay, and
complexity, any approach that involves precise determinations
through title work of the location of the Trustee's road interests.
Also, allowing the City to choose among the roads in Category II
would probably leave the Trustee with the steepest, narrowest,
worst designed and constructed such roads, precisely those that the
Trustee most wants to transfer to reduce its liability exposure.
Because a case-by-case approach by the Trustee to transfer of
road rights to the City is not logistically possible, the only
viable alternative is the blanket transfer of all road interests
held by the Trustee to the City. Based on our understanding of the
City's concerns, however, such a blanket transfer could be accepted
only if the City's concerns as to liability and financing of road
improvements are addressed. These concerns, we believe, can be
satisfied if appropriate technical amendments to the existing
statutes governing road liability and improvement financing are
proposed to and approved by the California Legislature to remedy
this unique situation. One possibility is passage of a statute
under which the City could take title to all of the old road
rights, yet be exempt from liability for unsafe conditions that
exist on them. Other approaches are also possible. The Trustee
will soon contact the state legislators who represent Atascadero,
Assemblyman Eric Seastrand and Senator Ken Maddy, to discuss this
problem, and would welcome the City's support and participation.
City Council
December 19, 1988
Page 5
Both legislators will hopefully be interested in carrying
legislation that would be of major benefit to a district city. A
special statute is needed to deal with this unique situation
because of the unusual history of Atascadero development, and
because of the need of its residents for properly designed and well
maintained roads.
Another approach would be for the Trustee to transfer the
roads to a court-appointed receiver, rather than to the City. This
could be either an interim solution, while legislation is sought
that would enable the City to take the road interests, or a
permanent method of dealing with the problem. The Trustee already
has the power to resign, under both the document that created the
Trust and California law. If the Trustee does so, a receiver can
be appointed by the Court to take charge of the Trustee's assets.
California Probate Code Section 15640. A receiver's liability is
limited to only receivership funds, not business or personal assets
of the receiver. A logical candidate for appointment as receiver
would be an Atascadero City staff member already concerned with the
road issue. A responsible private party could also be appointed.
The receiver's main responsibility would be to oversee improvement
of the roads and their orderly transfer to the City, or transfer
to adjacent property owners if the City ultimately decided not to
accept certain roads. As a result, the City would not be liable
for injuries on the roads, because it did not own them. The
receiver would be liable only to the extent of receivership assets.
At this time it appears that the most likely way for the City
to fund a road improvement program would be through the sale of
improvement bonds through one or more assessment districts created
under the Improvement Act of 1911 or the Municipal Improvement Act
of 1913 . Indeed, the Trustee has been advised that an assessment
district is now being formed under the 1913 Act to improve roads
in Atascadero's Chandler Ranch area. Among these roads are some
in which the Trustee may hold a technical legal interest. The
Trustee understands that formation of the proposed Assessment
District was initiated by homeowners in the area, and applauds
their willingness to actively work towards a solution to the
problem. When the road improvements are completed, the Trustee
understands that the roads in the district can be accepted into the
city-maintained system; at that time, the Trustee would expect the
City to accept a quitclaim deed from the Trustee of its interest
in the roads in the assessment district. In a broader context,
however, the Trustee cannot agree that an acceptable long-term
solution to the Atascadero road title and liability problems is to
be found in an incremental approach such as formation of assessment
districts for road improvements in various neighborhoods. What is
needed instead is a more rapid and more comprehensive approach,
such as passage of an appropriate statutory amendment or creation
of a receivership, as stated above.
City Council
December 19, 1988
Page 6
The Trustee wants to work with the City to establish a
mutually acceptable method for orderly transfer of the Trustee's
road rights to the City. It appears to us at this time that over
the long term a statutory amendment will be essential to meet the
City's concerns. As stated above, the Trustee will soon make
initial contacts about this issue with the state legislators who
represent Atascadero, Assemblyman Seastrand and Senator Maddy, and
would welcome the City's support and participation. The Atascadero
road problem is a one-of-a-kind situation as to which we believe
that a good case for special legislation can be made. At the same
time, the Trustee would like to explore with the City the
possibility of creation of a receivership to hold the road
interests as part of either an interim or long-term approach to
resolution of these problems.
We look forward to your response to this proposal, and to
working productively with you toward a solution.
Very truly yours,
SINSH�EIMER, SCH,I,E®BELHUT & BAGGETT
MICHAEL R. PETERSON
MRP/bh
e:City.Letrmisc
Enclosure
NDA
M E M B R A N D U M
TO: City Council February 14 , 1989
VIA: Ray Windsor , City Manager,
FROM : Henry Engen , Community Development Director A.�
SUBJECT : Appeal by Don Messer of Denial of Grading Permit for,
Hotel Park (continued from January 24 , 1989)
BACKGROUND:
At the City Council ' s January 24 , 1989 meeting , appellant
requested continuance to allow time for his arborist to develop
technical rational for their appeal . The February 7 , 1989 letter,
from North Coast Engineering , Inc . and the consulting arborist ' s
January 23 , 1989 report are attached for Council ' : consideration .
ANALYSIS:
The attached arboriwt ' s report evaluates the value of the eight
( 8) California White 'yaks that had been approved for retention
as part of the original precise plan for this project . The
grading permit was denied by staff due to the damage we felt
would occur to these trees . The accompanying report by James A.
Shanahan , consulting arborist , takes issue on a tree by tree
basis with the value established by the City ' s arborist and
counters that the value for the eight ( 8) trees should be:
$32 ,486 . 00 . His report assumes that all eight ( 8) trees would be
taken .
North Coast Engineering ' s transmittal proposes taking 'rive ( 5 )
trees and replacing them on a one-for.-one basis with fifteen
gallon container oaks , and bonding $ 1 , 500 . 00 for the remainder .
The appeal also seeks relief from a "catch-22" condition No . 17 ,
which requires recording of the road abandonment prior to the
issuance of any permits for Phase I . The appellant is requesting
that the condition be changed to require an offer of dedication
for realigning Capistrano and recording same prior to issuing
permits , Staff has no problem with this aspect of the appeal .
As reflected in the original staff report to the Council on this
matter , the issue before the Council is whether a grading permit
should be issued on this site , given our conclusion that the
eight ( 6) trees proposed for retention would not he waved . The
value of the trees is estimated to range from the $32 , 486 . 00
estimate of the appellant ' s arborist (whose credentials .appear,
impressive , but who is not an arborist recognized under, our• Tree
Ordinance) to the $ 1 . 3 million dollar• value established by the
City ' s arborist , Jack Brazeal . The issue of establishing values
on trees to be protected is currently being modified pursuant to
council ' s recent direction , and revisions will be before the
Council in the near• future .
The central issue then remains as to whether• the granting of this
grading permit would be consistent with the intent of the
precise plan to protect the eight ( 8) trees , and staff would have
to respond in the negative .
RECOMMENDATION:
Deny the appeal and direct the appellant to redesign his project
through the conditional use permit process before the Planning
Commission .
HE :ph
Enclosures : January 24 , 1989 - Staff Report
February 7 , 1989 - Letter, from North Coast
Engineering , Inc . ( including consulting arborist ' s
report)
cc . Cion Lesser,
Steve Sylvester
Jack Brazeal
M E M O R A N D U M
TO: City Council January 24, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director )AS
SUBJECT: Appeal by Don Messer of the Community Development
Director's Denial of a Grading Permit for Hotel Park
(5805 Capistrano - next to Bank of America)
BACKGROUND:
On November 24, 1987 , a precise plan for a 69,696 square foot
office retail project comprised of ten buildings and a restaurant
was approved for this 6 .7 acre parcel (see attached precise plan
conditions) . Included in the requirements was a tree protection
plan. Subsequently, the applicant has applied for building
permits for two buildings which have not been accepted for pro-
cessing pending issuance of an overall site grading permit.
In reviewing the proposed grading permit, staff decided to seek a
second opinion from Jack Brazeal, arborist, as to whether the
eight trees being proposed for retention would survive the site
improvements being proposed. As indicated in his analysis, he
does not believe so.
A meeting of the Council' s tree subcommittee was held on December
8th, 1988 and the decision was to require conformance with the
originally approved precise plan calling for protection of these
trees . The applicant has, in his letter of December 15th,
appealed staff' s denial letter of December 9, 1988 to the City
Council .
The appellant has indicated that they are developing supporting
rationale for their appeal , and have requested a continuance to
your next Council meeting (February 14, 1989 ) .
ISSUE:
The issue before the council is whether a grading permit should
be issued on this site given a second arborist' s opinion that
tree protection measures being proposed would not spare the
• trees . The secondary issue, albeit one receiving far more
publicity, is the value attached to the trees . The current tree
ordinance would enable bonding in cases where there is a question
as to whether trees proposed for protection would survive the
development process . The value attached by Mr. Brazeal is $1 . 3
million for the eight trees in jeopardy. As we've noted in
•
communications with Mr. Messer, the question of bonding maximums
is a matter that is being discussed in the context of amendments
to the tree ordinance.
STAFF RECOMMENDATION:
Continue the appeal to February 14, 1989 to permit receipt of
technical arguments from the appellant.
HE:ps
Enclosures: December 15, 1988 letter of appeal
January 6, 1989 letter relative to bonding
requirements
December 9, 1988 letter from Community Development
Director denying issuance of grading permit
December 1, 1988 arborist report from Jack Brazeal
Heritage trees sketch plan and cross-sections
November 24, 1987 precise plan conditions
cc: Don Messer
Steve Sylvester
j
17. The road abandonment (portion of Capistrano remaining after re-
alignment) shall be recorded prior to issuance of permits for
Phase I.
18. All development fees in effect at the time of issuance of permits
will be paid by the applicant, and any credits will be determined
as per ordinance.
19. All existing and new utilities shall be placed underground. All
relocation and/or alteration of existing utilities shall be the
responsibility of the developer at his sole expense.
20. This precise plan is approved for a period of one year from the
date of final approval. (December 8, 1987) . Where a project phas-
ing schedule has been approved, construction permits shall be ob-
tained and substantial work shall be performed on at least one
approved building within that one year period. Construction must
continue at a reasonable pace with no interruption greater than
180 consecutive days.
.+
ADMINISTRATION BUILDING
POST OFFICE BOX 747
ATASCADERO,CALIFORNIA 93423
PHONE: (805) 466-8000 POLICE DEPARTMENT
POST OFFICE BOX 747
'ktill,
��� ���® ATASCADERO.CALiFORN1A 9342«
CITY COUNCIL PHONE: (805) 466.8600
CITY CLERK
CITY TREASURER CORPORATED JULY 2. 1979ADMINISTRATIVE SERVICES DEPARTMENTFIRE DEPARTMENT
CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE
ATA
PUBLIC WORKS DEPARTMENT SCADERO.CALIFORNIA 934::
PARKS AND RECREATION DEPARTMENT PHONE: (805)466-2141
November 24, 1987
Mr. Don Messer
P.O. Box 1958
Atascadero, CA 93423
SUBJECT: Precise Plan 30-87
5805 Capistrano
Dear Mr. Messer:
The City of Atascadero reviewed your application for a precise plan
and environmental determination for the construction of a 69, 696
square foot office/retail project comprised of ten (10) buildings, one
restaurant and site improvements. This review and approval includes
the requested adjustments, submittal of color boards and, as discussed
in previous meetings, revised conditions. A Negative Declaration has
been previously granted.
The proposed precise plan is approved as shown on attached Exhibit B
(site plan) , Exhibit C (fire hydrants) , and subject to the conditions
of approval listed in Exhibit F. Final approval becomes effective at
5:00 p.m. , December 8, 1987, unless appealed. (NOTE: THIS DOES NOT
CONSTITUTE A BUILDING OR GRADING PERMIT) .
In the event you intend to appeal any of the conditions, your appeal
should be in writing and should state the reasons for the appeal. Any
appeal would be scheduled for Planning Commission consideration as a
public hearing. You should, however, discuss any objections to the -
conditions with the planning staff as it may +be possible to alter con-
ditions after such discussion.
If you should have any questions concerning this project, you are wel- D
come to contact the Community Development Department for assistance.
Sincerely,
fDoug Davidson
Associate Planner
City of Atascadero
DD:(Ch
cc: Gary Swauger
Attachments: Exhibit A - Location Map
Exhibit B - Site Plan
Exhibit C - Required Fire Hydrants
Exhibit D - Development Statement
Exhibit E - Findings for Approval
Exhibit F - Conditions of Approval
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architect
y mach aEt swaugEr
HOTEL PARK
and associates
DEVELOPER STATEMENT
PROJECT DESCRIPTION:
HOTEL PARK BUSINESS AND PROFESSIONAL CENTER IS A FOUR PHASE RETAIL, OFFICE,
AND RESTAURANT COMPLEX CONSISTING OF ELEVEN BUILDINGS, TOTALLING 69,696
SQ.FT.ON A 291,780 SQ. FT. OR 6.70 AC. SITE. .
PHASE ONE: FIVE TWO-STORY RETAIL AND OFFICE BUILDINGS OF 6072 SQ.FT.
EACH, TOTALLING 30,360 SQ.FT:; COVERING 137,614 SQ.FT.OR 3.16 AC.
OF SITE AREA.
PHASE TWO: THREE TWO-STORY RETAIL AND OFFICE BUILDINGS OF 6072 SQ.FT.
EACH, TOTALLING 18,216 SQ.FT.; COVERING 56,589 SQ.FT. OR 1.3 AC.
OF SITE AREA. .
PHASE THREE:TWO TWO-STORY RETAIL AND OFFICE BUILDINGS OF 6072 SQ.FT.
EACH, TOTALLING 12,144 SQ.FT.; COVERING 72,464 SQ.FT. OR 1.66 AC.
OF SITE AREA.
PHASE FOUR: 300 SEAT ONE STORY RESTAURANT OF 8976 SQ.FT., COVERING
25,133 SQ.FT. OR .58 AC. OF SITE AREA.
ALONG WITH THE PRECISE PLAN APPLICATION, WE ARE SUBMITTING A PARCEL MAP TO
DIVIDE THE PROJECT INTO FOUR PARCELS. THE PARCEL LINES WILL GENERALLY
FOLLOW THE PHASING LINES. IT IS THE INTENT OF THE DEVELOPER TO FURTHER
SUBDIVIDE THE PROJECT INTO AIRSPACE CONDOMINIUMS, AT A LATER DATE, TO ALLOW
SEPARATE OWNERSHIP OF INDIVIDUAL SHOPS AND OFFICES. IT WOULD BE PREMATURE AT
THIS POINT TO APPLY FOR THE CONDOMINIUM, SINCE TENANTS HAVE NOT BEEN
DETERMINED AT THIS TIME.
PROJECT DESIGN:
THE SITE HAS EXISTING OR PROPOSED ROADS ON THREE SIDES, TOTALLING 66% OF THE
PERIMETER. THERE IS OVER 40 FEET OF ELEVATION CHANGE WITHIN THE SITE.
EVERY EFFORT HAS BEEN MADE TO SAVE THE EXISTING WHITE OAK TREES ON THE SITE,
AND TO MINIMIZE ALTERATION OF LANDFORMS. THE SIX TREES ALONG CAPISTRANO
AVENUE WILL HAVE TO BE REMOVED TO ACCOMODATE THE REQUIRED ROAD WIDENING.
ONLY FIVE TREES WITHIN THE PROJECT WILL HAVE TO BE REMOVED, WITH TWENTY-SIX
REMAINING.
post office box 1177 Cambria California 93428 805 927 3987
~ 2450 main suite c 5850 west mall
Cambria California atascadero californla •
SOS 927 3987 SOS 466 0886
�xN 1.13iT D
DEV EID PE k
_!l7A7E Ail E fv'T
f•
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gary michael swauger architect
..
and associates
HOTEL PARK
DEVELOPER STATEMENT PAGE 2
PARKING CALCULATIONS:
SINCE TENANTS - HAVE NOT BEEN DETERMINED AT THIS TIME, WE HAVE CALCULATED THE
PARKING BASED ON A MIX OF USES WITH HIGHER INTENSITIES THAN ANTICIPATED.
THIS WILL PROVIDE MORE PARKING THAN REQUIRED BY CITY ORDINANCES.
BUILDINGS 1-10: LOWER FLOOR
THREE EATING AND DRINKING ESTABLISHMENTS AT 740 SQ.FT. EACH, 2220
SQ.FT. TOTAL.
25% KITCHEN=555 SQ.FT. AT 100 SQ.FT./SPACE 6 SPACES
75% EATING 1665 SQ.FT. AT 60 SQ.FT./SPACE 28 SPACES
EMPLOYEES=27 TABLES AT 6 TABLES/SPACE 6 SPACES
THREE FOOD AND BEVERAGE SALES AT 740 SQ.FT. EACH, 2220 SQ.FT.
TOTAL.
2240 SQ.FT. AT 200 SQ.FT./SPACE 12 SPACES
SEVENTY FOUR GENERAL MERCHANDISE SHOPS AT 740 SQ.FT. EACH, 25,160
SQ.FT. TOTAL.
25,160 .FT. AT 350 SQ SQ.FT./
SPACE 72 SPACES -
BUILDINGS
124 SPACES
• BUILDINGS 1-10: UPPER FLOOR
FORTY OFFICES AT 778 SQ.FT. EACH, 31,120 SQ.FT. TOTAL.
40 OFFICES AT 2 SPACES/OFFICE 80 SPACES
RESTAURANT:
8896 SQ.FT. TOTAL, 33% KITCHEN AREA, 67% DINING AREA
2962 SQ.FT. KITCHEN AT 100 SQ.FT./SPACE 30 SPACES
6014 SQ.FT. DINING AT 20 SQ.FT./SEAT=300 SEATS
300 SEATS AT 1 SPACE/4 SEATS 75 SPACES
EMPLOYEES: 75'TABLES AT 6 TABLES/SPACE 13 SPACES
SUB-TOTAL 118 SPACES
TOTAL 322 SPACES
THE SHARED ON-SITE PARKING ADJUSTMENT AS PER 9-4.115(f) ALLOWS A REDUCTION
OF 20%. THIS WOULD REDUCE THE REQUIRED PARKING TO 258 SPACES. THE PROJECT
PROVIDES 266 SPACES. WE ARE REQUESTING THE 20% PARKING ADJUSTMENT.
post office box 1177 cambria california 93428 BOS 927 3987
2450 main suite c 5850 west mall
cambria california atascadero california
805 927 3987 805 4GG 0886
EX I BIT D
EXHIBIT E - FINDINGS FOR APPROVAL
Precise Plan 30-87
5805 Capistrano (Messer/Swauger)
1. The proposed project or use is consistent with the General Plan.
2. The proposed project or use satisfies all applicable provisions of
this Title.
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 wel-
fare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to prop-
erty or improvements in the vicinity of the use.
4. The proposed project or use will not be inconsistent with the
character of the immediate neighborhood or contrary to its orderly
development.
5. The proposed use or project will not generate a volume of traffic .
beyond the safe capacity of all roads providing access to the pro-
ject, either existing or to be improved in conjunction with the
project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance
with the Land Use Elemerr-t.
6. The appearance of the project is in compliance with the City' s
Appearance Review Guidelines.
EXHIBIT F - CONDITIONS OF APPROVAL
Precise Plan 30-87
5805 Capistrano (Messer/Swauger)
1. All construction shall be in ' conformance with Exhibit B (site
plan) , Exhibit C (fire hydrants) , Exhibit F (conditions of ap-
proval) , and shall comply to all applicable City codes and ordin-
ances. Any modification to this approval shall be approved 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 fol-
lowing items shall be noted or detailed on these plans.-
a.
lans:a. All areas including setbacks, parking lots, and unused areas
shall be landscaped appropriately (Section 9-4.125 (a) ) .
b. Concrete curbing, or a functional equivalent, shall be pro-
vided to enclose all required landscaping.
C. All existing trees with a diameter of eight (8) inches or
more shall be shown. Trees which are to be removed shall be
noted as such. A tree protection plan, including fencing and
other necessary measures to protect existing oaks, shall be
submitted for approval by the Community Development Depart-
ment prior to the issuance of a building permit.
d. 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 .
Replacement oak trees shall be planted along the extension of
Highway 41.
+Y
e. Ten percent (10%) of the parking area shall be landscaped
with shade trees approximately 30 feet on center.
f. Five (5) foot of landscaped area with six (6) foot fencing is
required along the northeasterly property line.
9. Where parking spaces are arranged to head toward a street, a
three (3) foot high landscaped berm is required.
3. One (1) trash enclosure for each phase shall be provided with ap-
propriate details (Section 9-4. 129) as shown on Exhibit B. Please
note that the construction standards require the bottom of the
• trash enclosure area to be concrete or an equivalent impervious
material. Trash facilities shall be integrated into the design of
the building (s) that they serve.
4. Three (3) fire hydrants shall be installed at the locations desig- -0
nated in Exhibit C, prior to combustible construction occurring
on-site.
S. A grading and drainage plan prepared by a registered civil en-
gineer shall be reviewed and approved by the Community Development
and Public works Departments prior to the issuance of building
permits. These plans shall include the following:
a. Soils report
b. Earthwork quantity -
C.
uantity -c. Retaining walls to be coordinated with future Highway 41 im-
provements.
d. Measures to reduce velocity of water and erosion on and off
the site.
All grading/drainage work is to be completed prior to final build-
ing inspection.
6. Structural plan check will occur during building permit process-
ing, however, the following preliminary items have been noted:
a. Pour foot deck cannot project into the ten (10) foot setback
(unless non-combustible) .
b. One (1) hour protection is required for walls less than 20
feet from property line.
C. Some buildings maybe classified as three (3) story.
7. The submitted plans are generally in compliance with the City' s
Appearance Review Guidelines with the exception of the following:
a. Mechanical equipment is to be screened including: roof-
mounted, PG&E facilities, and trash enclosures.
b. A master signage plan requires approval prior to issuance of
sign permits. Projects with over 1,00 square feet of signage
require a conditional use permit.
C. Provision of outdoor public seating areas.
d. Elevation or cross-section showing landscaping in relation to
buildings.
e. Exterior lighting is not shown.
8 . A 1216" setback is required along full Highway 41 property front-
age.
9. Two hundred sixty-six (266) parking spaces shall be provided. The
slope of the parking area cannot exceed 7%. This includes the is
granting of an 18% parking adjustment and a parking area slope
adjustment to exceed 5%. No further adjustments shall be granted.
�,rf• ' - it
10. A traffic report shall be prepared, supplemental to the ARE, Inc.
Atascadero Creek Bridge study (November, 1987) . The report shall
analyze the traffic impacts generated by this project and present
recommendations for mitigation measures, if necessary. Special
attention will be given to the Santa Ysabel/Highway 41 intersec-
tion, the Capistrano/Lewis Avenue intersection, and the Capis-
trano/West Mall intersection.
11. The applicant shall obtain an encroachment permit from Caltrans
for work within their right-of-way. Caltrans shall verify that
plans are compatible with plans for Highway 41, including 28 foot
wide access drives.
12. Applicant shall obtain a sewer connection permit from the Public
Works Department prior to hooking up to the public sewer. Appli-
cant shall pay all sewer fees in effect at the time of obtaining
permits for sewer service and fees in effect at time of connec-
tion.
13. Applicant shall obtain an encroachment permit from the Public
Works Department and sign an inspection agreement and a curb and
gutter agreement, guaranteeing that the work will be done and in-
spections paid for, prior to issuance of a building permit, and
construct improvements as directed by the encroachment permit
prior to final building inspection.
14. Road improvement plans, including drainage, prepared by a regis-
tered civil engineer, shall be submitted to and approved by the
Community Development and Public Works Departments prior to issu-
ance of building permits for Phase I, unless otherwise specified.
These plans shall include:
a. Curb, gutter, five (5) foot sidewalk, and 20 foot paveout
from centerline on Lewis Avenue (South Mall Extension) . Con-
struction of Lewis Avenue (South Mall Extension) shall term-
inate at the northwesterly curb return of the Capis-
trano/Lewis Avenue (South Mall Extension) intersection. Fu-
ture construction shall be bonded fdr west of the above term-
ination and shall eventually terminate easterly of the exist-
ing creek tributary to Atascadero Creek, and the profile of
Lewis Avenue (South Mall Extension) will be established ade-
quate to provide transition to the proposed bridge crossing.
The easterly termination shall match the westerly termination
of the Bank of America development of Lewis Avenue (South
Mall Extension) .
b. Construction of Capistrano within new alignment, as
determined by the City Engineer . This shall include curb,
gutter and sidewalk on the easterly side of Capistrano along
property frontage, as well as a pedestrian linkage with the
Atascadero Creek bridge. Pedestrian access is also needed
0 from Lewis Avenue (South Mall Extension) to Highway 41 by the
addition of an on-site sidewalk parallel to the primary pro-
ject access on Lewis Avenue (South Mall Extension) .
C. The possible reconstruction of vertical curve on Capistrano
as determined by the City Engineer. The vertical curve on
Capistrano will be evaluated to satisfy a 30 mph design speed
and a stop condition at Lewis Avenue.
d. Future road improvements for Highway 41 shall be compatible
with approved highway plans as determined by Caltrans. These
shall include curb, gutter, and sidewalk, and refer to the
Caltrans plans showing the required left-turn channelization.
Prior to issuance of permits for Phase III development, these
highway plans shall be reviewed and approved by the City and
Caltrans.
e. Road improvements for all three street frontages shall in-
clude provisions for street trees. Construction of road im-
provements shall be completed (or bonded for) prior to the
final building inspection for Phase I , with the exception of
the required Highway 41 improvements which shall be completed
(or bonded for) prior to final building inspection for Phase
III.
15. The applicant shall make the following offers of dedication:
a. Offer of dedication on Capistrano Avenue as shown on map, and
as determined by the City Engineer .
b. Additional offer of dedication on Capistrano at frontage of-
proposed Parcel A as determined by the City Engineer .
C. A six (6) foot public utility easement along full frontage of
Lewis Avenue (South Mall Extension) and Highway 41.
d. An open space easement dedication along the creek to the west
side of new alignment of Capistrano.
e. All offers of dedication shall be completed and recorded
prior to or simultaneously to final '•building inspection.
16. Each phase shall meet all development standards of the Zoning or-
dinance including access, parking, landscaping , and trash enclo-
sure. The phasing of public improvements shall also be provided
to ensure that each phase functions independently. Phase II de-
velopment requires provision of an additional access drive, either
by connection with the Bank of America parking lot or future High-
way 41.
JACK ERAZEAL CEFdg'zm ARBX=
4531 SK PJAC K LAW WCISA 0163
PASO) ROBLES, CALIFUMM 93446 805/227-6140
December 1 , 1988
Doug Davidson
Ca munity Development Department
City of Atascadero
Atascadero, California 93422
RE: Arborist tree preservation report for:
Hotel Park Commercial Center
Atascadero, California 93422
Dear Mr. Davidson,
After a site inspection and extensive review of the plans for this project,
it is my opinion that the majority of the trees proposed to be retained on
this site cannot be preserved due to the plan design. The existing trees
on this site could not survive the cuts and fills proposed. I highly
reccMmend that this plan be rejected completely. In order for the pre-
servation and guaranteed survival of these trees, no cut or fill would
be permitted within more than 25% of the dripline. I recommend that a
tree preservation plan be drafted prior to a development plan, and that
the majority and the best specimen trees be given priority over develop-
ment.
(cont'd next page)
ARBORIST REKW JACK BRAZEAL
DEOMM 1 , 1988
This may not appear to be economical to the owner or developer, but
considering the value of these trees, it may have a significant impact
on their opinion. For your information, I will evaluate all the trees
impacted by this proposed project so that you may forward this in-
formation to the owner or developer:
Diameters of trees in sections:
(A) 42" (B) 3611, (C) 36" (D) 60" (E) 36" (F) 40" (G) 42" & 22"
The basic value is: $2,597,710.50 less other factors of 50% _
$1,298,855.20 tree value.
Other trees proposed for removal are as listed and diameters are:
26", 42", 36", 4211, 24", 24", 361"', 1111, 38", 4811, 36", 12"
The basic value = $3,094,434.90 less 50% - $1,547,217.40 tree value
Trees indirectly impacted are listed and their diameters are:
36", 36", 36", 42", 22", 34", 20", 42", 24", 32", 18", 14", 14",
24", 32" and the basic value is $4,487,147.20 less 50% _
$2,243,573.60 tree value.
Combined value of all existing trees on this site = $5,089,646.20 r.
100 years of life expectancy at the normal inflation rate.
ck Brazeal,Qkrborist Date
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TO BE PROTECTED
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715 24th Street 0
PASO ROBLES, CALIFOR 93446 CALCULATED BY DATE
(805) 239-3127
CHECKED BY DATE
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ADMINISTRATION BUILDING �
ATASCA
6500 PALMA IAVENUE
DEROCALFORNIA 93422 fa,scadet® POLICE DEPARTMENT
,
PHONE: (805) 466-8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE
CITY COUNCIL
ATASCADERO,CALIFORNIA 93422
_ CITY CLERK
PHONE: (805)466.8600
CITY TREASURER .r.
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
December 9, 1988
Mr. Don Messer
P.O. Box 1958
Atascadero, Ca. 93423
SUBJECT: Issuance of Grading Permit
5805 Capistrano Ave. (Hotel Park)
Dear Mr. Messer:
. We have received and reviewed your request for a grading permit
at the above-referenced site. Our determination is that the
proposed grading plan does not conform to the approved Precise
Plan, and thus, cannot be approved.
Precise Plan 30-87 included approval for tree removal and
required protection for the trees to remain as shown on the site
plan. At City expense, a second certified arborist was hired to
analyze the impact of the proposed grading on the trees to be
protected. In his opinion, "the majority of trees proposed to be
retained on this site cannot be preserved due to the cuts and
fills proposed. " The project development was approved on the
basis of these trees remaining and condition #2c. was imposed to
ensure this.
Condition #5 required approval of an engineered grading and
drainage plan prior to issuance of building permits. The Precise
Plan is a conceptual approval; an environmental determination
which considers the effects of a project on surrounding property.
The detailed review of grading/drainage plans, tree protection
methods, and planting materials are undertaken during building
permit plan check.
This decision may be appealed to the City Council upon receipt of
a written request accompanied by a $100 fee. A revised site plan
proposing removal of oak trees in excess of 20 inches in diameter
also requires approval from the City Council. Alternatively, you
may wish to develop modifications to the site plan to assure
RECEIVED DEC 1 51966
DON MESSER CONSTRUCTION
POST OFFICE BOX 1958
ATASCADERO, CA 93423
805-466-0549
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Attn: Henry Engen - Planning Director
Dear Henry:
The Hotel Park group has tried for the past several months to
obtain a grading permit for Hotel Park at 5805 Capistrano next of Bank of
America. We have resubmitted our plans numerous times in an attempt to
comply with your plan checks, corrections and conditions of approval.
We now find It necessary to appeal your denial of a grading permit
•
to the City Council at the earliest convenient date.
We have several businesses ready to occupy Phase 01 of this
previously approved project and need to proceed with this project
as soon as possible.
If you have any additional questions, please feel free to contact
me.
Thank you for your time.
Best Regards,
T
Don Messer
p
RECEIVED AN' 6 1989
DON MESSER CONSTRUCTION
P.O. Box 1958
Atascadero, CA 93423
(805) 466-0549
Henry Engen-City Planning Director
Atascadero City Council
Planning Commission
These two reports indicate the discrepancy between the Paso Robles published
tree value chart and the report recently paid for by the city of Atascadero on the
Hotel Park Project.
According to the Paso Robles report,,
the someme eight trees that were valued at
$1,300,000., after a fifty percent reduction for condition, would be worth
$139,000. using the same fifty percent condition reduction.
That much variation clearly explains our concerns about the proposed bonding
requirement and the wording in the tree ordinance.
A $1,300,000. bond would be impossible to obtain without putting up cash.
P 9
A $139,000. bond would be prohibitive and expensive. Bonds that require the
bonding company to provide their cash instead of using the funded cash for a
project are almost impossible to obtain, and if available, require security of twice
the bond amount. Most of us don't have the capability of providing excessive bonds.
A typical performance bond for roads or other offsite improvements is secured by:
1. The value of the project that benefits from the improvements.
(A completed subdivision is considerablely more valuable than new
1 and).
2. The loan on the property to make required improvements.
3. The credibility of the developer.
A bond that guarantees the value of the trees does not provide improvements that
increase the value of the property-intact-often the land used by the trees reduces
the building density value of the land.
A large tree could occupy 10,000 square feet of land from drip line to drip line and
at =10 per square toot equals =100,000. worth of buildable land. At some point
economics must be considered or property will be rendered useless by excessive
fees and requirements.
Sincerely,
Don Messer
•
- VALUE OF. OAK TREES
RECOMMENDED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURE ; -
:i TRUNK CROSS CONDITION BASIC TOTAL s
DIAMETEF SECTIOtJ FACTOR VALUE
VALUE
(INCHES) (SQ. IN.) W (s/SO. IN.) (s)
6 28 100 $ 27.00 e 4 756. :, > •
50 100 27.00 a 19350.
8 29133..
10 79 , : 100::- 27.00 *
12 113 - 100 : 27.00 * 39051 .
14 154 - 100 27.00. * 41158.
16 201 100 27.00 * 5,427. ;
18 254 100 27.00 * 6,858.
20 314 . 100'. " 27.00 * 8,478.
22 380 100::: 27.00 * I O',260. Y
24 452 ' 100 3.. 27.00 * 129204. :,, s
r
26 531+ l00. 27.00 * 14,337.
28 616- - : 100:,: 27.00 * 16,632.
30 707 : ' 100 27.00 * 19,089.
27.00 * 21 ,708.
32 804 100
27.00 * 24,516.
34 908 100 .
2'
� 1018 27.00 * � ,48b. "
' 36 100 27.00 * 30,618.
38 1134 100
i 40 1257 - 100 . 27.00 * 33,939. •
42 1385 100 27.00 * 37,395.
44 1520 100 27.00 * 41 ,040.
46 1662 100 27.00 * 44,874.
48 1810 100 27.00 * 48,870.
27.00 * 53,028.
50 1964 100 348.
1,. 52 2124 100 27.00 * 51 ,� s'
" 54 2290 100 27.00 * 61 ,830.
56 2463 100
27.00 * 66,501 .
27.00 a 71 ,334.
58 2642 100
60 2827 100 27.00 * 76,329.
* 1988 AdJusted Value
i
i
NORTH COAST ENGINEERING, INC.
Civil Engineering ■ Land Surveying • Project Development
February 7, 1989 +
Mr. Henry Engen,
Community Development Director
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Subject: 5805 Capistrano Precise Plan 30-87
Dear Mr. Engen:
This letter will summarize the issues that are the basis for the
appeal of the staff determination of the non-acceptability of the
above referenced project. The following items are submitted for
consideration by the City Council:
1. CAPISTRANO ABANDONMENT. - A procedural problem exists
with Condition 17 of the Precise Plan which requires the
recording of the Road Abandonment of the portion of
Capistrano being realigned to occur prior to the issu-
ance of permits for Phase I. The majority of the rea-
lignment area is constructed in fill to conform with the
proposed Lewis Ave. Bridge. In order to construct the
improvement, it is necessary to generate fill material
from the site. Both site grading and encroachment
permits need to be issued prior to this construction.
Only after construction is complete, can the City aban-
don the existing right-of-way of Capistrano. The Condi-
tion should be changed to require that the Offer of
Dedication for the realigned portion of Capistrano be
recorded prior to issuance of permits.
2. PHASE I GRADING EXTENTS. - We are requesting approval to
rough grade the entire site at the time of Phase I
construction. The primary reason for this request is to
avoid significant grading; noise, dust and nuisance
factors to neighbors and tenants; and the potential for
damage to completed facilities by heavy equipment if
grading is done after the Phase I improvements are
constructed. The necessary sedimentation and erosion
control plans and temporary measures for this grading
have already been reviewed by staff. Other factors
include the economics of grading the site at one time as
well as enhancement of the marketability of the project.
• 1
715 24th Street,Suite 0 Paso Robles CA 93446 (805)239-3127
3. TREE PROTECTION AND REMOVAL. - Attached for your review •
is a recently completed report by Mr. James A. Shanahan,
Consulting Arborist. This report contains a detailed
examination and cost evaluation of the 8 onsite trees
that were originally proposed to be retained on the
property. Also enclosed is background information
regarding the qualifications of Mr. Shanahan in this
field.
A thorough analysis of the grading requirement for this
project will be presented at the council meeting. After
a review of the Shanahan Report as well as concerns
expressed by City Staff, we are requesting the removal
of 5 additional Oak trees whose condition are marginal
and are adversely affected by site grading which is
necessary for reasonable development of the property.
Additionally, for the remaining trees that are of con-
cern, we propose minor revisions to the parking areas
and the use of permeable paving materials to preserve
these trees. We propose the following mitigation meas-
ures for these items:
a. The five additional trees to be removed will be
replaced on a one to one basis with 15 gallon
container Oak trees.
b. The trees that are remaining on site that are
considered to be endangered by project develop-
ment will be bonded for at a value not to
exceed $1,500. Additionally, one 15 gallon
container Oak tree will be planted for every
endangered tree to further mitigate the poten-
tial for loss of these trees.
We feel that the remaining trees on site have a
very good chance of survival. There are many
examples of Oak trees in the vicinity of this
project that have had site treatments and
grading performed that are much more signifi-
cant than proposed in this project. Examples
of this will be presented to Council at the
appeal hearing.
Please find enclosed 10 copies of the Tree Protection Plan which
will define the additional trees to be removed and identify the
trees in accordance with the Shanahan Report.
2
i •
Please feel free to contact this office if there are any ques-
tions regarding this information.
Respectfully yours,
Steven Sy v sten, P.E.
Preside
SJS/dp 4r m m
CD 1.- 29743
cc: Jack Brazeal, with attachments c EXP'*1 Na
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;games k Shanahan
Consulting Arborist
(818) 892-2965 16210 Schoenborn Street
Sepulveda, Calif. 91343
January 23, 1989
Mr. Steven Alvarez
Arbor Tree Surgery
802 Paso Robles Street
Paso Robles, CA 93446
RE: Oak Tree Report for site of
Hotel Park Commercial Center
North of Bank of America Property
Atascadero, California
PURPOSE
This report is being made to evaluate 8 California white
oaks (Quercus lobata) that the developer is requesting
permission to remove.
CONTINGENT AND LIMITING CONDITIONS
On January 13, 1989, I visited the Hotel Park Commercial
Center, a new development in the city of Atascadero,
California 93422.
No investigation was made of the ownership of the property.
All -information and comments concerning the trees, the
species, size, condition and location and other statements
pertinent to this appraisal represent the opinions of the
appraiser, formed after the inspection, unless otherwise
specified.
Possession of this report or a copy thereof does not carry
with it the right of publication or other use without the
written consent of the appraiser. The fee for this appraisal
does not provide compensation for conference or testimony or
attendance in court with reference to the trees in question.
This appraisal represents the independent opinions of the
appraiser free from any commitments and free from any present
or future interest in the property. The sole compensation
for the employment being a fair professional fee.
MEMBER:
APPRAISALS • TREE EVALUATIONS • DIAGNOSIS
29CA PROFESSIONAL CONSULTING ARBORISTS �l�(�. :1T�
�1Jf!►J� �'�p" STAC[T Tj�QCC
..mc-McIt"Of State Pest Control Advisor, All Categories `�— .b ✓114it 1/�U
s�1.Y\ ♦ WM .4 ..a t ,.i tM4 A�wiit t 'd 4 t 1..�. tc(aLw.._
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+.k �,a a����kk i+ } 4 i � tl t.+.l+t. yy, v. � � 'aht t 1•a ,y a rAr raj CN', p },
„� It b�sF,} tY�.fi,.L �, x.r")r g� t+s. p J:'... �Yah '"q�•Nt�.•a«�.4�`Jx 1e t<ani or, l ra'.t.-�� f-�,; �} �i;,rL.x" f :a.i'w�T� !C"'k�1 fa.n� ("��g-3,e�:,. .�, j� .�,�'ai•k,,.)._..
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q' .+';a z�..Y ��-. n� i;f i �•fikr � t. $j 34 i ., b�Hir ���t�Y 3, ' .,�,-, ra""I� - � a �;: ..
,Mr Steven Alvarez
W
;January 23 ' ;1989
� �
Page .Two
i
DEFINITION OF VALUE
Trees and other environmental plants have many functional
values, including screening, 'noise abatement, atmospheric ,?
purification, wind and temperature control and aesthetic
qualities.
Trees and other` plant,values can be established by several
methods. Tree and plant casualty values as .accepted by
the Internal Revenue Service are determined by the difference
in value of the total property immediately before and after
the casualty.
This difference in total property value to be determined by
a competent appraiser. The method generally approved by
professional arborists is delineated by the "Guide for
Establishing Values of Trees and Other Plants". This guide
has been prepared by the Council of Tree and Landscape
Appraisers and approved and adopted by the American Association
of Nurserymen, the American Society of Consulting Arborists,
the Associated Landscape Contractors of America, the Inter-
national Society of Arboriculture, and the National Arborist
Association. Professional plant appraisers consider in the
evaluation process these factors: 1. Size; 2. Plant species;
3. Physical condition, including age, general health, growth
habit and the care given the plant or plants; and 4. Location
and site factors, all coupled with the professional appraiser' s
judgment.
ANALYSIS AND DETERMINATION OF VALUE
Based on recommendations specified in the "Guide for Estab-
lishing Values of Trees and Other Plants, " appraisal of tree
values for trees beyond transplantable size is based on a
basic formula method that specifies the establishment of
a basic dollar value which is related to size as measured
by the area of the cross section of the tree 4} feet above
ground level. The dollar value, $27. 00 per sectional square
inch of the trunk, is based on the arborist' s costs of re-
placing transplantable sized trees.
REPORT
All of the oak trees in this subdivision except one are
valley oaks - California white oaks (Quercus lobata) . The
lone tree is a coast live oak (Quercus agrifolia) . The
California white oak is one of California' s most distinctive
TT T
1,1�` , f# jt.�ji 4 'Vf 4r�. ,t s�1TtT1 •A+4 ;� r "r 4 a ttf.}�1t 'x 11�;.•y i f':t
3 € a���+'r.tyr 3a`� •�6 stKi Y�l
Mr - Steven Alvarez
January
23, '1989
''Page:Three '4 _
g
h
Oak trees. It is deciduous and will grow to a height '-
70 feet with a 70-foot spread. There are a number of sucking
and .chewing insects that attack these two species -of oak
trees, but usually beneficial insects keep the population
down. oak 'root fungus (Armillaria tuella) is one of several
fungi that do serious damage to the California native oak
trees. The trees do generate much 'litter. ... S. oak trees
will be evaluated using the formula method.
The species factor for the Quercus lobata trees will take
into consideration the fact that- they are subject to summer
branch drop (Harris) , several soil fungi including oak root
fungus, and insect and mite infestations, and the fact they
generate considerable litter and are deciduous.
The species factor will be .90 percent for all of Quercus
lobata trees.
The trunk diameters used in this report were taken from the
figures on the blueprint. Spot checks were made to insure
the accuracy. In calculating the size factor, trees over
40 inches (100 cm) are extremely variable in physical
condition and life expectancy. Stipulation of progressive
basic values for trees larger than 40 inches in diameter
would often result in faulty calculations (Guide for
Establishing Values of Trees and Other Plants) .
TREE REMOVALS
Tree Location: Al. 55 ft. high. 50 ft. spread ±.
Size Factor: 42 inch diameter. A fair cross section of a
42 inch diameter trunk is expressed as 1,386 square inches.
1,386 square inches multiplied by $27. 00 is the basic value
of a 100 percent perfect tree. This will be the size factor:
$37,422.00.
Species Factor: The species factor of a California white
oak (Quercus lobata) is 90 percent of $37,422. 00 or $33,680.00.
Condition Factor: Several hazardous limbs growing on the
tree. There is tip dieback throughout the corwn, growth
rate greatly reduced. The drought years show a yearly
decline. There are signs of insect and disease damage,
20 percent dead wood in crown. This tree has a 40 percent
condition factor or $13,472. 00.
•w.�Mkr w yi has a.;fv.+pxh�,W+��+raa+.r rtr ca�r'L" .d"�'t?'�Mah.r,t. s, rtidur'e a. i
...;': ; ice? i �`.., •'"!( �i 1>.ax- aa - '4 J'y 'X:. i.� .?; :.'i->13
.-
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'f �k e �
Mr..',Steven Alvarez ,
�t e'January 23, ':19 8
a i
ga ra a�. �aa ;t .r
Location Factor: Al. and A2. are ,growing'`too close together` T
for proper expansion. The trees :are growing in an unmanaged, J'i .
weed infested, no maintenance location. The location: factor,
is '45 percent ,or •$6,063.00. ,(
The total value of tree Al., is1$6,063.00.
Tree Location A2 40 ' ft'. high. 1 35f
t, spread ±`.
Size' Factor: 36 inch diameter.. A fair cross-section ; f
a 36 inch diameter trunk is expressed as 1,018 square:;
inches. 1,018 square inches multiplied by $27.00 is the
basic value of a 100 percent perfect tree. This will"be ''the .
size factor: $27,486.00.
Species Factor: The species factor of a California white
oak (Quercus .lobata) is 90 percent of $27,486.00 or $.24,738.00.
Condition Factor: The tree is under considerable stress.
There is twig dieback and dead branches throughout the top
of the tree. It could amount to 20 percent of the crown.
There are signs of insect attacks and pathogen damage to
the tree. This tree has a 40 percent condition factor or
$9,898.00.
Location Factor: Tree A2. has the same location factor as
Tree Al. , for the same reasons. The location factor is
45 percent or $4,454.00.
The -total value of Tree A2. is $4,454.00.
Tree Location: b. 65 ft. high, 45 ft. spread ±.
Size Factor: 36 inch diameter. A fair cross-section of
a 36 inch diameter trunk is expressed as 1,018 square inches.
1, 018 square inches multiplied by $27.00 is the basic value
of a 100 percent perfect tree. The size factor of 36 inch
diameter tree is $27,486.00.
Species Factor: The species factor of a California white
oak (Quercus lobata) is 90 percent of $27,486. 00 or $24,738.00.
Condition Factor: There are a number of broken limbs and
some twig dieback in the crown of this tree. 10 1 percent
of the crown is dead. There are signs of insect and disease
damage to the tree. This tree has a 45 percent condition
factor or $11,133. 00.
. .:, ,gra ri1�:`�m+°4d'A4[c."� 14` <1Y; ►taR;7N7'Jt �.,,XF y. �b� t�..,�",,�0�4, f t,
� r � _�, Eye '�sV'". 'rt4}�o ^����`��',�'✓��5 .c3�'f �t iv ±.+ r l •$ i `7Y•ril�prr 'Y �t r" 'Y�t^ -
. at' Y s dt aa✓. r" N ai t;s ' r y, '� � `: �v-'S"�tk �'a �Y J 1 .r ,Mr.t� �, r �Y�r , i a � Y N :.
4-..�
lE
�� AL1. r .�.,d ..: .;: a S if-, ,•. � e t .+� - �t fY,".*•}y+9A a+�i rf, a'; °
n , Nlr Steven Alvarez
*i wf'1
+,January 23, 1989 Y ,r r cC.at r
n°htF .Page ;Five . , _^r k, �f , t �}•' s!e,•r +6r��;� � r t a-'4
a
Location Factory The tree is growing in•�a weed infested,
no maintenance, unmanaged sparsely treed'•oak grove. The ;
'.location factor for this tree is 50 percent or $5,567.00.
.The``total. value 'of Tree B. _is $5,567.00.
F
Tree Location: C2. ft..'high.' ; 30 ft. spread +.
Side Factor: 36. inch diameter. A fair cross=section of
a 34 inch diameter trunk is expressed as 1,01Vsquare inches.
1,018 square inches multiplied by $27.00 is the basic value
of a 100 percent' perfect specimen tree. . The size factor of
a 36 inch diameter tree is .$27,486.00.
Species Factor:' The species factor of a California white
or 24 738.00.
obata is 90 percent of $27,486.00 $
oak .(Quercus 1 ) p $
Condition Factor: The tree is in a severe state of stress,
30 percent of the twig growth and branches in the crown
are dead, there is a large trunk cavity and the tree is out
of balance, squeezed in between other trees. There is some
concern about the structural strength of the tree; insect
and disease damage is present.
The condition factor of this tree is 30 percent of $7,422.00.
Location Factor: The tree is growing in between other oak
trees in an unmanaged, no maintenance location. The location
of this tree has contributed to the tree' s stress. The
location factor of this tree is 35 percent or $2,598.00.
The total value of the Tree Location C2. is $2,598.00.
Tree Location: D. 60 ft. high. 75 ft. spread 1.
Size Factor: 60 inch diameter. The formula tends to be
inflated on a tree this size (the guide) . The size factor
1 will use on this 60 inch diameter tree will be the size
factor of two 30 inch diameter tress of $38,178.00. The
size factor for a 100 percent perfect 60 inch diameter tree
would be $38 ,178 .00
S2ecies Factor: The species factor of a California white
oak (Quercus lobata) is 90 percent of the size factor:
$34 ,361. 00.
r ;:d s�j+� 'f h, '�•� 'F�" ��'�'�rY{F?'Y aEiSt' �fdK+>M.$yds•:�t��` ,' _ ^"t�°lSS'r'!e
A
4N:SC2.,.. � ..w �y if a 2,;
t k ��� �;f�j+?'>��^ >x�� ..t .�� jK° }.�7'��t�' ^r,+�4t ,`� ri *'E $ `^(t4?�ry t �tF� � +.'f !, q t �-..'.• '�t
.'. �' � !. ,s fir. i�. Y`' 5':.1� � y � rar +Man, .S.r } �� Q+ fr Fess •jr biz+ � 'N 5�C ki .' �r 'l� �. .,;5
n '?
i i x +7'�3 s< : . t n •c t 8,w aS• 1 4;
.Mr. tSteven Alvare z
.January 23, 1989
Ra �. �s•71x
G .
is
y, ria}�ir,
Condition Factor: The tree is stressed out,' infested `with`�� ,.
insects and disease Much of the dead wood -could be caused
by soil borne' fungi. There are indications , of trunk-decay
making the <tree hazardous. There is much twig and branch
dieback in 'the crown, up to 3.0 ± percent. : This tree has a ,
condition factor of 30 percent or $10,309.00. .
Location Factor: The tree is growing in an unmanaged ' no
'maintenance weed covered location of the city. The,, location k
factor is 50 percent of $5,155.00.
The total value of Tree Location D. is $5,155.00.
Tree Location: Fl. 55 ft. high. 45 ft. spread ±.
Size Factors 40 inch diameter. A fair cross-section of a
40 inch diameter trunk is expressed as 1,257 square inches.
1,257 square inches multiplied by $27.00 is the basic value
of a 100 percent perfect specimen tree. The size factor for
a 40 inch diameter tree is $33,939.00.
Species Factor: The species factor of a California white
oak (Quercus lobata) is 90 percent of $33,939.00, or a
species factor of $30,546.00.
Condition Factor: This tree is in a serious stressed
condition. There are several large broken and decaying
limbs, one large limb has what looks like a stress crack.
There is insect damage. This tree has a condition factor
of 30 percent or $9,164.00.
Location Factor: This tree is growing in a sparsely spaced
grove in an unmanaged, weed covered location. There are no
signs of any preventive maintenance being performed at this
location. The location factor of this location is 45 percent
or $4,124.00.
The total value of the Tree Location F1. is $4,124.00.
Tree Location G1. 50 ft. high. 50 ft. spread ±.
Size Factor: 42 inch diameter. A fair cross-section of a
42 inch diameter trunk is expressed as 1,386 square inches.
1,386 square inches multiplied by $27. 00 is the basic value
of a 100 percent perfect specimen tree. The size factor for
a 42 inch diameter tree is $37,422. 00.
. ..... kv.: rf.a�Qi<pRw�/e+p�lwx„t.!' M�[i►1b�q 1�M�:4 h v.a,_ v.,y'�':.aY •...• Ya � ..
R R�
Yp
�_ •.w.� , d ,,. r.e tiS�,Sw„�w,.Y •�G,�ii. +ka.x:.�� Yy 4''a�"�-aY«r Zai! t a N ' y�4 . � - " '+ "'
• l( 1t v ynre •. �i y. .n a '
}'i''N�`�1Y'4 • l�4 �V�lr9fiR2 4! .5i'V. .�'x��1�.n�lt *.1C U�t4�tt •.�yT`.. �.F{ ie�-4 ��' Y t'� 'q�et;�
.. I.•. A..�> S !t�,..`� C ..l` H +.� �y' ,��•C}ua'Sluyfs t+'�Tt..• ' jA�W � r .if,l.\ � rpt Fav � `# '*-,
a i f _{, i 7 - x y SS-' 'A4Y x •'9 H,.F. e*l. i�G � A'1 .�i 'net V.
Mr . Steven'Alvarez , 21
,. ��° �� ��#•; � + ;,kf
- _ ., z .: ti��s!rt '• ,•. a r tliS:'Si%�ate 4 r
&;:January 23.,. 1989
.. f ..`�
Page Seven
'•� ti k.. � !` _ F/ •�"ur ry[«,ik„etP k. ♦ r :r % ~z.Sakct,7St 7 a �^•_ i[.~' .
Species- Factor: The species factor of a California white","`N
oak- .(Quercus lobata) is 90 percent of..$37,422.00 or a species
factor of $33,680.00. 4
F
Condition Factor: ,.- 'Insect and disease damage, a lot of _decay,
crown over 50 percent dead,, in serious stress. This tree'has -
a condition _ factor of, 30 percent or $10,104.00.
Location Factor: The tree's location .is in an unmanaged,., `f
`..weed covered, no maintenance section of the city. The
location has contributed much to-:the tree' s low vigor,
stressed condition. The location factor for this tree is
35 percent,..or $3,537.00.
The total value of the Tree Location Gl. is $3,537.00.
Tree Location: G2. 50 ft. high. 50 ft. spread ±.
Size Factor: 22 inch diameter. A fair cross-section of a
22 inch diameter trunk is expressed .as 380 square inches.
380 square inches multiplied by $27.00 is the basic value
of a 100 percent perfect tree. The size factor for a 22 .
inch diameter tree is $10,260.00.
Species Factor: The species factor of a California white
oak (Quercus lobata) is 90 percent of $10,260.00 or $9,234.00.
Condition Factor: The tree is in a serious stressed condition
with a 45 percent dead crown. The tree has a bad lean. There
is insect, disease and decay damage to the tree. This tree
has a condition factor of 30 percent of $9,234.00 or $2,771.00.
Location Factor: The location factor is the same as G1.
or 35 percent of $2,771. 00 which comes to $970.00.
The total value of Tree Location G2. is $970. 00.
The total value of the 8 trees to be removed in this report
comes to $32,486. 00.
Report completed.
James A. Shanahan, ASCA
JAS/svl •
James A.Shanahan
Consulting Arborist
12133 ®92-2965 16210 Schoenborn Str
Sepulveda. Calif. 9134
_ James A. Shanahan
Consulting Arborist
(213) 891-3837
EDUCATION
From 1979 to the present, completed a yearly course featuring
entamoligy, pathogens, insect and weed control; designed to
update the professional in the latest federal and state laws
and the newest label use of insecticides, fungicides and
herbicides. -
Completed study courses and passed examinations to qualify as
a State of California licensed Agricultural Pest Control Adivsor
in all categories, which include:
* Laws and Regulations
* Insects, mites and other invertebrates.
* Plant pathogens
* Nematodes _
* Vertebrate pests
* Weeds
* Defoliation
* Plant growth regulation
- Completed a course in Elements of Supervision sponsored by the
City of Los Angeles.
- Attained a teaching credential in Ornamental Horticulture at the
University of California, Los Angeles, 1968.
- Compleated a course in safety engineering at the Los Angeles
MEMBER: Trade-Tech College, 1963 .
Graduated from Pierce School of Agriculture, California, 1956.
9a o
..T.,C..MVITT., con t
(dw,y,TRK N...Ill1
STRCCT TQCC
James A. Shanahan
Consulting Arborist
(213) 891-3837
EDUCATION-CONTINUED
- Classroom study and service on the job with Peck and Wadsworth
Tree Company of Beverly Hills, California, Studying cavity and
spraying operations, 1937-38.
- Completed home-study course in tree surgery, Davey Institute
of Tree Surgery, 1937.
- Graduated from Pasadena Junior College in Forestry, 1935.
s
s
•' James A.Shanahan
Consulting Arborist
12131 692-2965 16210 Schoenborn Strie
Sepulveda. Calif. 91343
James A. Shanahan
Consulting Arborist
- (213) 891-3837
WORD EXPERIENCE
- Director of Green Fingers Environmental Enterprises.
- Featured speaker at Tree Managment Seminar for the University
of California, Riverside, October 1982.
Instructor and Lecturer of tree„trimming classes for several
cities and school districts.
- Instructor for government sponsored C.E.T.A. personnel in
fundamentals of tree trimming.
- Have appeared in court as an expert witness, written opinions and
furnished information as a Consulting Arborist to public utilities,
counties, cities and private parties. '
- Contributing Editor and Columnist for a National magazine called
"Arbor Age", serving the tree industry professional. Title of
the column is "Consulting Arborist".
Agricultural Pest Control Advisor, State of California, Department
of Food and Agriculture, Licence Number 3828.
- .Instructor of tree trimming, tree surgery and ornamental horticulture
courses, Evening Division, Los Angeles Adult Education School,
1969-80.
- Department of Water and Power, City of Los Angeles, as tree trimmer
supervisor, from 1946-1969, and as tree trimming coordinator from
1970-80.
- Forestry Division of the City of Los Angeles, Parks Department,
1939-46 ( with three years, nine months out for service in the
United States Navy ) as tree surgeon and senior tree surgeon.
- Southern California Edison Company, 1939, tree trimmer, working
MEMBER: in line clearing.
- State of California Division of Iiighways, 1938, as tree trimmer,
2C topping and removing large Eucalyptus.
•r(•K.w WCK TT G
COM WITwG M.O.KTi
coni
v�
' James A. Shanahan
Consulting Arborist -
&d33 892-2965 16210 Schoenborn Street
Sepulveda, Calif. 91343
James A. Shanahan
Consulting Arborist
(213) 891-3837
WORK EXPERIENCE-CONTINUED
- Peck and Wadsworth Tree Company of Beverly Hills, California,
1937-38, as tree surgeon doing cavity work and spraying ornamental
shrubs and trees.
- Davey Tree Surgery comapny, 1936-37, as tree surgeon®
Y
MEMBER:
James A. Shanahan
Consulting Arborist
(213) 891-3837
ORGANIZATIONS
Memker of the International Society of Arboriculture,
Director of the Western Chapter.
Past President of Street Tree Seminar, Inc.
California Arboretum Foundation, Inc .
Member of the American Society of Consulting Arborists.
r 2
OFFICERS 1983-84 DIRECTORS
President: Term Expires ,
Kenneth D. Mayer
P.O. Box 522 1984 Doug Hamilton
San Mateo. CA 94401 U.C. Ag. Extension
224 W. Winton Avenue
President-Elect: Hayward, CA 94544
James Shanahan
16210 Schoenborn 1985 Vernon Roberts, Jr.
Sepulveda, CA 91343 100 Long Beach Blvd.
Long Beach, CA 90802
Vice-President
Barry Konier 1986 Bernard Noonan
1518 S. Eastern Avenue 1672 Willowside Rd.
Los Angeles, CA 90022 Santa Rosa, CA 95401
Secretary-Treasurer: 1987 Richard Marling, Sr.
Roger 'Frenchy' Garrigue 1532 Cedarwood Drive
1462 Thurlene Road San Mateo, CA 94403
Glendale, CA 91206
WESTERN CHAPTER
ISA Representative
Jack Rogers
226 Cherry Drive
Pasadena, CA 91105
CALIFORNIA HAWAII
NEVADA ""
ARIZONA
OFFICIAL PUBLICATION OF THE
WESTERN CHAPTER
INTERNATIONAL SOCIETY OF ARBORICULTURE
PUBLISHED QUARTERLY
EDITOR.... ........ .Daniel J. Condon
P.O. Drawer P-P
Santa Barbara, CA 93102
PH. (805) 963-0611, x 351
COnSIRTI n G ARBORIST plants and food crops. These Insects.
nematodes, grubs, snails or fungi can
&itMBER- lower property values by destroying the
4r landscape, ruin recreational areas and
JAMES A. SHANAHAN : '. lower the quantity and quality of food
crops.
hope that the new year will be as suc- Over the course of the next twelve Controlling the distribution and
preventing the spread of unwanted pests eve
cessful for you as was Arbor Expo 83.It months,the United States will be hosting Is the concern r ryone, especially
was a great pleasure for me to meet so a couple of World's Fairs, as well as the people working in the fields of
many fine,dedicated arborists as I did In International Olympic Games.While It Is
agriculture,ornamental horticulture and
Philadelphia. The trade show, seminars a privilege to be the host country for
arboriculture. Plants, fruits and
and workshops were extremely suc- these events, there are some residual
vegetables must not be moved from state
cessful,and Denne Goldstein,publisher problems that are of great concern to the
of Arbor Age,Is already making arrange- U.S.Department of Agriculture and to us to state unless approved by agricultural
ments for another tree care Industry as arborists. Inspectors. -
exhibition and conference later this year. If steps are not taken to prevent the en- In 1981, a relatively small Med I-
Arbor Expo's trade show received very trance of unwanted plant-damaging terranean fruit fly(Medfly)infestation in
:.favorable comments, and all of the pests,these events could create a major California caused $100 million in
seminars and workshops were filled to threat to all forms of.vegetation In this damage.it the Medfly had not been con-
capacity. The evaluation forms were country. The concern is that the many tained and had spread over the entire
?:quite complimentary for the most part, foreign participants and spectators who California fruit crop, the losses could
and the majority of people who filled will be coming Into the country may un- have run as high as four billion dollars.
them out requested even more knowingly Import destructive pests. The Medily did not fly to California on
educational seminars and workshops of The U.S. Department of Agriculture its own wings• in all probability it was
longer duration. and most of the state agricultural Inspec- brought in as a larva inside some iruit
What Is needed for those of you in the tion teams are being substantially in- belonging to a visitor from Hawaii.
field,who really constitute the backbone creased at border crossings, airports
of the industry,is Input on what subjects and seaports.Although most of these en- it an undesirable pest gets by the In-
you would like to see covered at this try points are not located In major spectore and decides to take up
year's Arbor Expo.Drop Arbor Age a line agricultural centers, they are residence in our area,we as responsible
Indicating your preferences. For those nevertheless the main passageways for arborists have the obligation of assisting
topics that are heavily requested, every undesirable pests. the authorities.We must be ready to help
effort will be made to add them to the Just one plant pest Is enough to start our county agricultural agent or unk
seminar and workshop program of Arbor an outbreak that can result In millions of varsity cooperative extension office in
Expo'84, dollars of damage to trees, landscape any way we can.❑
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Vermeer Vermeer Handle-Bar Vermeer Vermeer T-3006 Vermeer 1600
Tree Spades Stump Cutters Stump Cutters Root Cutter Brush Chipper
Powerful,hydraulically- Finest,self-propelled handle- Fastest,most cost-efficient, Great preventative mainte- Toughest,most powerful
controlled,tree-moving bar unit in the field.Chit- most effective way to nance machine.Cuts off brush chipper on the
machines that transplant standing leverage and con- remove dangerous,ugly damaging root growth street today.Built for high
and package trees/shrubs trol!Cuts out stumps...up tree stumps!Hydraulically before it buckles streets, production volume with
...in minutes! to 30"wide,down to 8" cuts'em out in minutes. curbs and sidewalks. solid,heavy-duty construc-
■2-8"diameter trees deep,without repositioning. ■Simple one-man operation. ■Soft,rubber padded tracks tion throughout.
■One man operation ■Compact.Squeezes thru ■Easy to maintain. for-walking"sidewalks. ■Instant Feed stop.Cuts off
Short tower design for g
ordinary yard gate. ■Four different sizes... ■Cutting dimensions: access to rotor in.5 of a
■
greater access ■Rugged 18 hp engine. from economical, up to 3v."wide;0.17"deep. Second.
self-propelled handle bar- 0 Offset 14"from track. ■Convenient sales and service
tra
■Fully curved steel spade ■Easy to operate ra to style models to powerful cent is all over North America
maneuver...to tnsport. commercial units. ■Easily converts to trencher.
Circle No.115 on Reader Service Card Circle No.ite on Reader Samoa Card Circle No.11r on Reader Service Card Circle No.11•on Reader Service Cod Circle No.115 on Reader Service Card
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...:_.' Ver eer
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L 0000 New Sharon Road•Pella,Iowa 50219
Arbor Age A New Generation 'U '..... '.- la-m v
I 1 cons n6 ARBORIST + .
MEMBER- �
EB>�- A
JAMES A. SHANAHAN 1 r
Today's arborist must be a man of many tion been performed within the tree's root 1
skills. A qualified all-around tree man zone in the last few years?Study the rela-
must concern himself not only with the tionship between the soil,the surrounding
topping, pruning, removal, fertilizing and landscape and the tree. Is there a 1
spraying of trees, but he must also be a drainage problem with the soil?Is the soil
diagnostician. There are so many other compacted? Is it fertile? (A soil lab test
factors that influence the health of will have to be run to get this answer.)
ornamental trees growing in the urban What about the irrigation practices?
areas.Smog,new chemicals and recently Have they been focusing on the water
Introduced pests and diseases are but a requirements of the surrounding land-
few• scape or on the needs of the tree? '
For the next couple of issues I would An accurate diagnosis Is very impor-
like to cover what i believe to be some tantI was called on to diagnose a large
tried and true methods of trouble- Cedrus deodora that had been in a
shooting tree ailments.
stressedThe first rule ls:Never lock your opinionstressed condition for several years.
In on what is wrong with a tree pn a phone There were dead limbs in the tree end the
call. Go out and visually and physically needles were thinly spaced, short and
Inspect the tree. had a yellow tinge. r r
Approach every new assignment with The tree company that was called in a
an open mind. Do not jump to conclu- couple of years earlier had been treating
sions. Just because you recently treated the deodora trees stressed condition by
a tree of this same species for a certain fertilizing and watering heavily in hopes of
bringing the tree back to a healthy state.
pathogen,
do not assume this tree is When I arrived on the
suffering from the same ailment. Property with my
Ask questions. People will not willingly Kline tool bag full of tools plus a round
pointed shovel,the first inspection action �' O
offer information they feel might put them taken was to visually check the tree and
in a bad light.
the surrounding landscape. The second ,
Take the case of a gardener who has move was to di around the base of the �� �'
treated a blade grass lawn area under the g 1,' ?•?a\
drip line of a large.specimen tree with a tree, down about eight inches to expose trunk.
` -
broadleaf weed killer and fertilizer combs- the
nation. The weed killer has leached into 1 also used my soil probe to bring up
the tree's root zone and is the cause of samples from a depth of about 12 inches. t])j♦
the tree's ailment.This information will in The purpose of the soil probing was to
all probability not be forthcoming. check the moisture content,the compac-
Before an arborist can form a meaning- tion and the-soil type.
ful opinion on a stressed tree he must be The probing was done in about ten
very familiar with what a normal, healthy locations under the canopy of the tree.An Makes tree o
tree of the same species looks like. He added benefit was that it gave me an pruning easier for
must know the seasonal changes the tree opportunity to examine the small root sec- your crew.
makes, the difference between juvenile tions that showed up in the soil samples. Timberline puts
and adult foliage,the tree's flowering and My examination revealed the presence three times more P
seed cycle and any other changes the of mats of fungus mycelium between the cutting power in -d
riven
tree makes throughout the year. It is bark and the wood around the base of the hands. Ifs the geaar d
essential for the arborist to be able to tree where I had dug. The fungus that cutting-head arid dual pulley
recognize a healthy, vigorous tree of the eventually kilted the tree turned out to be system that does it.
species for comparison purposes. Armiilaria mella (oak root fungus). And the telescoping fiberglass
Learn as much about the history of the The tree company's diagnosis of the pole readily adjusts to any
tree as you can from the owners, stressed tree turned out to be wrong. In length between 6' and 12'. Comes
gardeners or even the neighbors. Has it fact, their treatment had encouraged the with a Teflon-S` coated 16" sa:^-
been subject to drought or extra-cold advancement of the fungus. in all proba- blade for cutting larger limbs
winters? Has any excavation or construc- bility this case will end up in court. Put the new. heavy-duty
Timberline to work for \rou Send
for catalog arid price lis! today!
. �i�f r
Reader Service Dept.
P.O. Box 24118 Oakville.CT 06779
Los Angeles, Calif. 90024 Customer Service Seymour Smoh sub of Gilmour'
P.O.Box 838.Sommer PA 15501-0838
Arbor Age Circle 185 on Posraae F,Pe Card 41
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WESTERN CHAPTER
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ARIZONA CALIFORNIA HAWAII NEVADA
In Cooperation with
THE CITY OF OAKLAND : PARKS DEPARTMENT
TREE VALUE APPRAISAL
Lakeside Garden Center
Lake Merritt, Oakland, CA
November 6-7, 1987
Friday, November 6, 1987:
7:30 - 8:45 am REGISTRATION
8:45 - 9:00 Welcome, Introductions
9:00 - 9:30 METHODS OF TREE APPRAISAL - Dr. Larry Costello, Horticulture Advisor,
U.C. Cooperative Extension, San Mateo
9:30 - 10:00 APPRAISAL PROCEDURES - THE WELL DOCUMENTED REPORT - Nelda Matheny,
Horticultural Consultant, Hort Science, Inc., Pleasanton
10:00 - 10:30 BREAK
10:30 - 1.1 :00 FACTORS IN DETERMINING VALUE - THE SPECIES FACTOR - Barrie D. Coate,
Horticultural Consultant, Los Gatos
11 :00 - 11 :30 THE CONDITION FACTOR - Roger Poulson, Sta-Green Tree Service, Carmichael
11 :30 - 12:00 THE :LOCATION FACTOR - Russell Beatty, Prof. Landscape Architecture,
U.C. Berkeley
12:00 - 1 :00 pm LUNCH - Catered on site
1 :00 - 1 :30 OTHER FACTORS TO CONSIDER IN DETERMINING THE FINAL TREE VALUE -
Allen Lagarbo, City Arborist, Modesto
1 :30 - 2:00 THE REPLACEMENT METHOD FOR DETERMINING VALUE - Kenneth D. Meyer,
Mayne Tree Expert Company, Inc. , San Mateo
2:00 - 2:30 PRINCIPLES AND RESPONSIBILITIES OF APPRAISERS - Leslie S. Mayne,
Mayne Tree Associates, Burlingame
2:30 - 3:00 BREAK
3:00 - 5:30 STUDY SESSION for Arborist and Tree Worker Certification
cium
NovemM4�9. 101tdelpia Civic Centerilton Hotel of Philadelphia
July 5, 1983
James A. Shanahan, ASCA
Consultant do Director
Green Fingers Environmental Ent.
16210 Schoenborn St.
Sepulveda, CA 91343
Dear Mr. Shanahan:
Welcome to ARBOR EXPO 183! I'm delighted you will be joining us November 17 - 19, 1983 at
the Philadelphia Civic Center as a member of our distinguished facultyI
This letter is confirming our recent conversation concerning your participation. You
are scheduled for the following session(s):
Session #301: "Tree and Landscape Appraisals. -- The Whys and Wherefores"
urs ay, November 17, : - : 0 p.m.
I'm confident that you understand we've specifically designed an educational program to be
informative, emphasizing theory and not product.
To facilitate your preparation, I've enclosed a Speaker Information Guide which contains several
useful guidelines.
On behalf of the conference, I'd like to extend my appreciation for your involvement with ARBOR
EXPO 183 and I look forward to meeting you.
If you should have any questions at any time, please feel free to contact me, however, I will keep
you advised of conference developments on a timely basis.
Sincerely,
Constance N. Tighe
Program Director
:aa
encl.
s
Conference Management Corporation - 17 Washington Street-Box 4990• Norwalk CT 06856.203 852-0500
EN FINE
6Qti E9J,
Day or Evenings C. M. SHANAHAN
(213) 891-3837 President
16210 Schoenborn Street Z J. A. SHANAHAN
Sepulveda, CA 91343lie, Director
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(Tree Surgery)
at
POLYTECHNIC ADULT SCHOOL
12431 Roscoe Blvd.
Sun Valley
_ Thursday Evenings - 6:30 to 9:30 p.m.
Tree Identification
Tree Structure
Irrigation and Soils
Pruning; Shade and Fruit Trees
Q Fertilizing Shade and Fruit Trees
Bracing and Cabling
Tree Surgery
Tree Diseases
Environmental Trouble
Shade Tree Insects & Their Control
Shade Tree Laws
Civil Service Requirements
Evaluation of Shade Trees
Line Clearing
Safety
The purpose of this course is to give information on the care of shade
and ornamental trees. It is designed for people working in the Tree
Surgery profession or those wishing to work with shade trees or people
interested in the preservation and maintenance of ornamental trees and
shrubs.
Instructor: James A. Shanahan
• Registration Fee: $8.00 plus Student Identification card--25¢
Pre-registration: September 11 and 13 - 6:30 to 9:30 p.m.
Polytechnic Adult School
NORTH HOLLYWOOD COM1UNITY ADULT SCHOOL
766-8186
Division of Career and Continuing Education
Los Angeles Unified School District
TREE TRIMkING
COURSE OUTLINE
LOS A&NGFLZS CITY UNIFIED SCHCOL DIST RICT -
Government and Industry Sponoorod 'Prograr:s
Division o: Career and Continuing Education
• TREE TRIWJNG
COURSE OUTLINE
I. Introduction
A. Objectives
B. Advancement opportunities
II. Hand Tools
Types
1. Pruners
2. Lopers
3. Axes
III, Saws
A. Hand
1. Curved
2. Straight
► 3. Pole
4. Bull
B. Gas
f 1. One-man
2. Two-man
3. Filing
4. Minor maintenance
C. Use
1. Hand
2. Gas
3, Electric
D. Filing
1. Hand
2. Gas
IV. Rope
A. General
1. Sizes
2. Strength
3• Types
4. Uses
B. Specifics
1. Knots
2. Bends
3. Hitches
4. Rigging
V.. Gabling
A. Ridged. .
B. Flexible
VI. Ladders
A. Factors
1. Types:
2. Uses
3. Safety
B. Inspection
Co Raising and lowering
D. Handling and storing
E. Aerial ladders
VII. Safety Engineer
A. Artificial respiration
B. First Aid
C,i Chipper demonstration
• D. Aerial ladder demonstration
E. Truck safety demonstration
VIII. Electrical Line Construction
A. Tower lines and 34.5 K.V. Lines •
B. High voltage
C. Low voltage
D. Telephone cables
IX. Tree Identification
-
A. Trees (Identify 20)
B. Structure
1. Roots
2. Truck
3. Leaves
X. Prunning
A. General
B. Clearance
C. Type
XI. Fertilizing
A. Types
B. Uses
C. Methods of application
• . XII. Irrigation
A. When
B. How a.
C. Type
XIII. Tree Diagnosis
A. Diseases
B. Types
C. Control
XIV. First Aid
XV. Evaluation
M E M O R A N D U M
MtETI AGENDA
• DAT iT #
TO: City Manager Ray Windsor and City Council Members �' ��✓`/�r� �
FROM: Chief of Police
SUBJECT: Anti-Loitering Ordinance - Proposal (Ordinance No. 189)
DATE: January 16, 1989
RECOMMENDATION/COUNCIL ACTION REQUESTED
Enact the attached ordinance adding Chapter 6 to Title 5 of the Atascadero
Municipal Code relating to loitering by minors during certain hours.
BACKGROUND
During the past two years, the issue of juveniles loitering about, unsupervised
at late and unusual hours, has been a topic of concern within various city
organizations and merchants groups.
As Council may recall, in October, 1988, the Atascadero Unified School District
Board of Education adopted a resolution (attached) in support of the enactment
of anti-loitering measures for our community. Additionally, in April, 1988,
the Atascadero Chamber of Commerce Board of Directors unanimously supported
a measure as follows: "Representing the business community, the Chamber of
Commerce endorses the concept of an anti-loitering/curfew law in Atascadero. . .
• It is believed that this would help to curtail loss of business due to loiterers,
prevent littering, enable police officers to question loiterers and help to
curtail malicious behavior causing vandalism and property damage."
Other groups offering support for this ordinance include:
1. Atascadero Junior Women's Club
2. Atascadero Safehomes Organization
3. Atascadero Police Officers Associations
4. Atascadero Bible Church
5. Action for Animal Rights
The comments offered by our Chamber of Commerce echo my philosophy well and
are, I believe, reflective of community sentiment to a large degree.
This material was compiled by City Attorney Jeff Jorgensen and myself, with
the final ordinance being written by Jeff. The proposed statute is a composite
of information obtained from various other municipalities which have similar
anti-loitering ordinances in place. In preparing this ordinance, individual
constitutional rights were carefully considered so as to insure a reasonable
approach.
In terms of enforcement, our police department will implement and utilize this
measure in a reasonable and equitable fashion so as to serve or community in
the best possible manner.
• FISCAL IMPACT
No additional funding will be required for implementation of this ordinance.
• 0
For your consideration. . .
V1- •
RICHARD H. McHALE
RHM:sb
Attach: Letter/Resolution - A.U.S.D.
Letters from:
-Safehomes
-Atas. Jr. Women's Club
-Atas. P.O.A.
-Atas. Bible Church
-Atas. A.F.A.R.
-Atas. Chamber of Commerce
•
•
. MEMORANDUM
City of Atascadero
January 12 , 1989
TO: R. H. Bud McHale, Police Chief
FROM: Jeffrey G. Jorgensen, City Attorney
SUBJECT: Loitering By Minors During Certain Hours
In response to your memo of January 5, 1989, attached please
find a proposed ordinance adding Chapter 6 to Title 5 of the
Atascadero Municipal Code relating to loitering by minors
during certain hours. This ordinance has been drafted in an
attempt to avoid the problems experienced by the City of Long
Beach, whose ordinance was recently invalidated due to
vagueness.
Please feel free to contact me at your convenience if you have
questions or comments concerning the ordinance. If not,
please present it to the City Council as you consider
appropriate.
Sincerely,
J FRE G JO ENSEN
City Attorney
JGJ: fr
A:MMATA529
Attachments
cc: City Council
City Manager
.. i
M E M O R A N D U M
TO: Jeff Jorgensen, City Attorney
FROM: Chief of Police
SUBJ: "Anti-Loitering" Ordinance
DATE: Jan. 5, 1989
Attached for your review are copies of city ordinances from the cities of
Pismo Beach, Arroyo Grande, Morro Bay, Paso Robles, Grover City and Corcoran.
As you will recall, these examples were collected in keeping with Council
direction a few weeks ago.
A few comments/concerns relating to this issue follow:
1. There seems to be a consensus that we wish to de-emphasize the
use of the term "curfew".
2. We wish to establish an enforceable, useable and reasonable
ordinance which recognizes appropriate constitutional guidelines.
3. In terms of specific hours of enforcement, I would recommend
11:00 pm. to 5:00 am. seven days per week.
4. I believe the ordinances used by iismo_BBeeach, Arroyo Grande,
and_ on nedsCorcoran a a the closest to our objective. The penalty
sectieto be massaged and brought into our format. Probably
some sort of graduated penalty needs to be considered for multiple
offenses. Also, we'll have to deem this a misdemeanor inasmuch as
in-custody arrests may result.
In terms of a time frame for implementation, I told Ray Windsor I'd endeavor
to prepare this for the Council Meeting of 1-24-89.
Thank you for your assistance.
RICHARD H. McHALE
RHM:sb
ORDINANCE NO. 189
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO ADDING CHAPTER 6 TO TITLE 5 OF
THE ATASCADERO MUNICIPAL CODE RELATING TO
LOITERING BY MINORS DURING CERTAIN HOURS
The Council of the City of Atascadero does ordain as
follows:
Section 1. Chapter 6 is hereby added to Title 5 of the
Atascadero Municipal Code to read as follows:
Section 5-6. 01. Hours. It shall be unlawful
for any minor, under the age of eighteen (18) years,
to loiter, idle, wander, stroll, aimlessly drive or
ride about, or remain in or upon any public street,
avenue, highway, road, curb area, alley, park, play-
ground, public place, public building or other
public ground, place of amusement or entertainment,
eating place, vacant lot, or any other unsupervised
place between the hours of eleven o'clock (11: 00)
p.m. on any day and five o'clock (5: 00) a.m. of the
following day; provided, however, that the
provisions of this section do not apply:
(a) When the minor is accompanied by a parent,
spouse, guardian, or other adult having control or
charge of said minor.
(b) When the minor is upon an emergency errand
directed by his parent, spouse, guardian, or other
adult having control or charge of said minor.
(c) When the minor is returning directly to
his home or other place of residence after having
attended a place of amusement, entertainment,
recreational activity, school function, or social
call.
(d) When the minor is going directly to his
place of employment or while returning directly to
his home or other place of residence after having
left his place of employment.
Section 5-6. 02 . Responsibility. It shall be
unlawful for any parent, guardian, or any adult
person having legal control or charge of a minor,
under the age of eighteen (18) years, to willfully
ORDINANCE NO. 189
Page 2
or knowingly permit or allow such minor to violate
Section 5-6. 01 of this Chapter, and it shall be
unlawful for any other person, firm, corporation,
or organization to willfully or knowingly aid,
abet, or assist any minor, under the age of eighteen
(18) years, in violating said Section 5-6. 01.
Section 5-6. 03. Exceptions to Hours Specified.
The City Council may, by resolution, temporarily
change or relax the hours herein specified, provided
special circumstances or special events justify such
action.
Section 5-6. 04. Violations• penalties. Any
person, firm, corporation, or organization violating
any provisions of this Chapter shall be guilty of a
misdemeanor.
Section 2. Publication. The City Clerk shall cause this
ordinance to be published once within fifteen (15) days after
its passage in the Atascadero News, a newspaper of general
circulation, printed, published and circulated in this City in
accordance with Government Code Section 36933 ; shall certify
the adoption of this ordinance, and shall cause this ordinance
and certification to be entered in the Book of Ordinances of
this City.
Section 3 . Effective Date. This ordinance shall go into
effect and be in full force and effect at 12 : 01 a.m. on the
thirty-first (31st) day after its passage.
On motion by Council member and
seconded by Council member the foregoing
ordinance is hereby adopted in its entirety by the following
roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
• ORDINANCE NO. 189
Page 3
CITY OF ATASCADERO, CALIFORNIA
By
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
tYFO ENSEN, City Attorney
AS TO CONTENT:
JGJ: fr/1/10/89
C:ORATA681
•
Atascadero Unified . achool District
"Where students and their education ire+paaamount"
5601 WEST MALL
ANTHONY AVINA, Ed.D. ATASCADERO, CA 93422-4234
District Superintendent PHONE: (805)466-0393
October 25, 1988
The Honorable Bonita Borgeson
Mayor
City of Atascadero
P. 0. Box 747
Atascadero, CA 93423
Dear Mayor Borgeson:
The Board of Education of the Atascadero Unified School District is
deeply concerned with the welfare of the students and the youth of
this community. Accordingly, at a special meeting of the Board on
October 19 , 1988, the Board adopted resolution #9 to support the
anti—loitering measures which may help to combat the growing concern
of the community for its youth. In adopting this resolution, it was
not the intention of the Board to usurp the authority of the City
Council or of the Atascadero Policy Department. Rather, the Board
wishes to support the City and the Police Department in their efforts
to protect our youth and our community.
Attached is a copy of the resolution as adopted. If you have any
questions, please do not hesitate to contact me.
Ta ^you.
incerely yours,
nthony Avina // D.
District Su eiintendent
AA :ejs
cc: City Manager Ray Windsor
Chief Richard "Bud" McHale, APD
Board of Education, AUSD
Carrisa Plains Elementary Creston Elementary Lewis Avenue Elementary Monterey Road Elementary
San Gabriel Road Elementary • Santa Margarita Elementary Santa Rosa Road Elementary 0 Atascadero Junior High School
Atascadero Senior High School 0 Atascadero Adult School 0 Oak Hills Continuation High School
ATASCADERO UNIFIED SCHOOL DISTRICT
RESOLUTION 9
ANTI—LOITERING MEASURES — CITY OF ATASCADERO
WHEREAS , the City of Atascadero is a growing and critical ,part of the
Atascadero Unified School District ; and
WHEREAS , the students, who are the responsibility of the District
during school hours , become the responsibility of their
parents and other agencies at the conclusion of the school
day ; and
WHEREAS , SafeHomes was organized to identify ways to safeguard the
welfare of the youth in our community , and
WHEREAS , the PTAs are cooperatively supporting those efforts, and
WHEREAS , a community—wide effort is necessary to address this growing
concern , and
WHEREAS , the school district acknowledges that it can play a, role in
helping to find solutions to the loitering and late hours
which our youth are experiencing ; and
WHEREAS , the school district also recognizes that such loitering
presents a potential danger to the youth of this community
as well as to the community itself ;
NOW, THEREFORE, LET IT BE KNOWN, that the Board of Education of the
Atascadero Unified School District is prepared to work
cooperatively with the parents , community organizations ,
PTAs, along with City and County governments to find
solutions to the growing problem of loitering in the
community .
Moved by Trustee King seconded by Trustee
Molle
Ayes: Beck, Burt , Haynes , Horst , King, LaSalle , and Molle .
Noes: None .
Absent : None .
P'5 residenmaxt ,------
Bo rd of Education Clerk , Board of Education
Adopted this 19th day of October , 1988 .
SHO 1, �
4 T A S C A DER 0 P. 0. Box 2237 Atascadero, CA 93423
November 1-7, 1986
TO: Atascadero City Council
FROM: Families for Alcohol and Drug Free Youth
RE: Anti-loitering Curfew Law
In March. 1988. Families for Alcohol and Drug Free Youth--Sponsors
of Atascadero Safehomes initiated a proposal to establish an
Anti-Loitering curfew law for the City of Atascadero and
Unincorporated Areas. Letters regarding this proposal were sent to
several community agencies. The letters outlined the following
reasons we desire a curfew law be put into effect :
1 . To reduce unsupervised, unauthorized, and unchaperoned youth
activities in the late evening and early morning hours.
2. To support parental control and family sponsored activities.
3. To provide guidelines for parents on reasonable hours.
4. To help parents and law enforcement personnel deal with alcohol
and drug use .
S. To give law enforcement agencies authorization to question ,
investigate, and monitor youth activity after curfew hours.
6. To curtail malicious behavior and reduce vandalism to private
and business property.
We feel that youth activities should be a community concern. We
need to show our youth that we do care by setting down limits and
guidelines for them to follow. We know there are those who will
disagree with a curfew law citing an enfringement of personal
rights. But when a situation is out of control , unmonitored, and
potentially dangerous, the rights of individuals, families and the
community are aTl being jeopardized.
The two hundred Safehome families and other individual endorsements
represented by Families for Alcohol and Drug Free Youth are joining
the following agencies in supporting the passage of an Anti-
Loitering/Curfew Law.
- Atascadero Junior Women's Club
- Atascadero Police Officers Association
- Atascadero Board of Education
Atascadero Bible Church
- Action for Animal Rights
- Atascadero Chamber of Commerce
Please notify us when this issue will be an agenda item for a
council meeting.
(805) 466-8438
117
TIERRA �A
ADORADA qtascadero �unior (Yomen's el.b _•► �_
DISTRICT P.O. BOX 460, ATASCADERO, CA, 93423 '4A
&'ttnewi pi-It 'ea4;�- Irn-U� Ltiv
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Atascadero Police
Officers Association
POST OFFICE BOX 1841
ATASCADERO, CALIFORNIA 93423
PHONE (805) 466-8600
October 20, 1988
To: Familes for Alcohol and Drug Free Youth
P.O. Box 2237 Atascadero, .-Ca. 93423
The Atascadero Police Officers Association joins with the familes
for alcohol and drug free youth endorsing the concept of a
resonable and workable Anti-Loitering/Curefew Law.
Bryan Berry
Association President .
ATASCADERO MALL AT FREEWAY 101
PHONE(805)466.2051 P.O.Box 987
REV. E. B. CLAUD, JR., Pastor ATASCADERO.CALIFORNIA 93423-0987
PARSONAGE PHONE: 466-9485
TOM FERRELL, Associate Pastor
HOME PHONE: 4660316
RICH WHITTINGTON, Youth Pastor
HOME PHONE: 466-6568
October 24, 1988
Families of Alcohol and Drug Free Youth
P.O. Box 2237
Atascadero, CA 93423
Gentlemen:
The Board of Elders and Board of Trustees of Atascadero Bible
Church endorse the concept of an anti-loitering/curfew law in
Atascadero.
Sinc yo ;
A
Rev. E.B. Claud,6Jr.
EVANGELICAL s NONDENOMINATIONAL INDEPENDENT
Action For Animas' Rights (AFAR)
0 AFAR
2 •"�+ Q A Non-Profit Volunteer Animal Welfare Organization
q 4MMP'v
ATASCADERO, CALIFORNIA 93423 a PHONE: (805)466-5403
8935 Morro Rd. , Suite 2, Atascadero, CA 93422
October 4,1988
Families for Alcohol and
Drug Free Youth
P.O. Box 2237
Atascadero, CA 93423
Dear Friends :
Representing our board of directors, Action For Animals '
Rights (AFAR) endorses your proposal for an anti-loitering/curfew
. law in Atascadero.
We believe that our youth need and want direction from
parents and elders, and that it is easier to prevent a trouble
than it is to cure it.
We will support your proposal to the City Council, and
thank you for taking this initiative for the good of our community.
Sincerely,
Daphne W. P IN 1 f sing
President
fasca&ro cfiam er of commerce
...A
6550 EL CAMINO REAL - ATASCADERO, CALIFORNIA 93422
TELEPHONE: (805) 466-2044
April 18, 1988
TO: Chief= Buri McHale
Rolfe Nelscn, Atascadero High School
Lir. Robert and Mrs Vicki Perce , Safe Hames
FROM: Maggie Ric_,, Executive Manager
RE : Propcsed curfew l%.,, in Atascadero
At the request of Rolfe Nelson , the Board of Directors has
discussed a request for support of a curfEtw law in Atascadero.
Pclice Chief McHale was invited to cz.i , F.rit at this nz et:ing on
APL it 12 , 1988. Fe expressed that he wo ild like to see a curfew/
anti-loit.erin" o_•dir�a:�ce written provided the community wanted -Lt.
Beard. of Directors made a motion as follows : "Popresent:i.ng
the business community, the Chamber of Commerce endorses the
cencovt of an anti-loitering/curfew law in Atascadero. "
Unanimous approval.
It is believed that this would help to curtail loss of business
due to loiterers , prevent littering, enable police officers to
question_ loiterers and help to curtail malicious beha:-ri.or causing
vn-ndalism and property damage.
MEET ARGENDA
• DA ttEM .
M E M O R A N D U M
TO: City Council January 24, 1989
VIA: Ray Windsor, City Manager
FROM: Henry Engen, Community Development Director iK,
SUBJECT: GENERAL PLAN AMENDMENT 1B-89/ZONE CHANGE 1-89
LOCATION: 5575 Capistrano - 5505 E1 Camino Real -
9801 West Front
APPLICANT: City of Atascadero
REQUEST: Amendments to the General Plan and Zone Change to
change the designation of various government owned
properties from their current designations to
"Public" and "P" (Public) .
BACKGROUND:
• This amendment was initiated as a "housekeeping item" relative to
three public sites . On January 3, 1989 the Planning Commission
conducted a public hearing on the above referenced subject. As
the County had requested a continuance for the County-owned
property at 5575 Capistrano, the Commission recommended approval
of the amendments to the General Plan and Zoning Ordinance Map
for the properties at 5505 E1 Camino Real (Police Station site)
and 9801 West Front (Fire Station No. 2) .
RECOMMENDATION:
Approval of General Plan Amendment 1B-89 and Zone Change 1-89 as
reflected in Resolution No. 3-89 and Ordinance No. 187 (excluding
the Capistrano property) .
HE:ps
Attachments : Staff Report - January 3, 1989
Resolution No. 3-89
Ordinance No. 187
Minutes Excerpt - January 3 , 1989
Corres. from Co. Property Manager - 12/30/88
•
I
CITY OF ATASCADERO Item: B-3 •
STAFF REPORT
FOR: Planning Commission Meeting Date: January 3, 1989
BY:p.ASteven L. DeCamp, Senior Planner File No: GP 1B-89
ZC 1-89
SUBJECT:
Consideration of amendments to the Land Use Map of the Land Use
Element of the General Plan and the Zoning Ordinance Map to
change the designation of various government owned properties
from their current designations to "Public" and "P" (Public) .
BACKGROUND:
There are three (3) parcels of land within the City that are
either now used for, or planned for future use, for government
purposes. The current land use designations and zoning districts
of these properties do not reflect their current or intended :
uses. •
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero
2. Project Address. . . . . . . . . . . . . . 1. 5575 Capistrano
2. 5505 El Camino Real
3. 9801 West Front
4. Legal Description. . . . . . 1. Ptn Lts-2 & 5; LRP
. . . . . .2. Lt 22F; ) Blk FA; AC
3. Ptn Lt 5; Blk 11; AC
5. Site Area. . . . . . . . . . . . . . . . . . . . 1. 8. 0+ a res
2. 1.3 acres
3. 1. 0+ acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . . 1. RMF-16
2. CR
3. RSF-Y
7. General Plan Designation. . . . . 1. High Den. Multi-Family
2. Retail Commercial
3. Mod. Den. Single Family
•
8. Existing Use. . . . . . . . . . . . . . . 1. County Health Facility
2. Vacant Commercial Bldg.
3. Fire Station
9. Environmental Status. . . . . . . . .Negative Declaration posted
November 21, 1988
B. ANALYSIS:
There are three (3) sites within the City that have been used, or
are planned for future use, as government facilities that are not
properly designated on the City's Land Use or Zoning Maps. These
sites are: (1) the County Hospital property off Capistrano; (2)
the old "Benos" site on E1 Camino Real which is planned for a new
City Police facility; and (3) the City' s Fire Station #2 located
on West Front. As indicated above, these sites are currently
designated for residential or retail commercial use in the
General Plan and Zoning Ordinance.
Amendments to the General Plan and Zoning Ordinance Maps for
these sites will not constitute substantive changes in the
General Plan' s Land Use Element. The suggested amendments are
seen primarily as "house keeping" items.
Capistrano Site
The City of Atascadero has a long-term lease on the property
adjacent to the County' s health care facility on Hospital Drive
off Capistrano. The City acquired an interest in the property
when it appeared that this would be an appropriate site for a new
Police facility. Although the Police facility will not be
constructed on this property, analysis shows that use of the
property for high density multiple family (the currently allowed
use) is not appropriate. The property is relatively steep and
heavily wooded which renders it less than suitable for any type
of high density development.
An inspection of this property by the Community Development
Director and the Parks and Recreation Director suggested possible
use of the site as a satellite parking facility for a future
stadium park. In the past, the County has indicated a need for
additional parking to serve its facilities. This need could also
be partially satisfied by such a lot.
In addition to the property the City is leasing, the County' s
existing health facility is improperly designated and zoned.
This type of use fits within the "P" zoning district and Public
land use designations and not the high density multiple family
designations. If there is a need in the future to redevelop this
site for another use, the Public designation would not prejudice
2
0 •
future determinations as might the multiple family designation.
E1 Camino Real Site
The City has purchased the old "Benos" site at the intersection
of Rosario and E1 Camino Real for eventual development as a new
Police facility. To properly reflect the intended use of this
property, the General Plan and Zoning Ordinance should be
modified from the current Retail Commercial designations to
Public designations.
West Front Site
The site of Fire Station #2 on West Front is currently designated
for moderate density single family residential development. This
designation is not consistent with the site' s use for a public
facility. As with the Police facility site, this property should
be reclassified with a "Public" designation.
C. RECOMMENDATION:
Staff recommends approval of General Plan Amendment 1B-89. The
Commission should recommend that the City Council adopt the
attached draft Resolution and Ordinance amending the General Plan
and Zoning Ordinance Maps.
SLD
ATTACHMENTS: Exhibit A: General Plan Map - Capistrano Site
Exhibit B: Zoning Map - Capistrano Site
Exhibit C: General Plan Map - E1 Camino Real Site
Exhibit D: Zoning Map - E1 Camino Real Site
Exhibit E: General Plan Map - West Front Site
Exhibit F: Zoning Map - West Front Site
Exhibit G: Public Zone Allowed Uses
Exhibit H: Draft Resolution
Exhibit I: Draft Ordinance
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CITY General Plan Map
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COMMUNITY DEVELOPMENT GP 1B-89 / ZC 1-89
DEPARTMENT
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GP 1B-89/ZC 1-89
P (Public) Zone
9-3. 421. Purposes: This zone is established to provide suitable
locations and standards for the maintenance and. development of
public and quasi-public facilities and services.
9-3.422. Allowable Uses: The following uses shall be allowed in
the Public Zone. The establishment of allowable uses shall be as
provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108
(Precise Plans) :
(a) Broadcasting studios
(b) Libraries and museums
(c) Offices (City, County, State or Federal government or
public utilities
(d) Temporary offices (See Section 9-6. 176)
(e) Public assembly and entertainment
(f) Schools (See Section 9-6. 125)
(g) Temporary events (See Section 9-6. 177)
(h) Temporary or seasonal retail sales (See Section 9-
6. 174)
(i) Outdoor recreation services
9-3. 423. Conditional Uses: The following uses may be allowed in
the Public Zone. The establishment of conditional uses shall be
as provided be Section 9-2. 109 (Conditional Use Permits) :
(a) Animal hospitals (See Section 9-6. 110)
(b) Caretaker residence (See Section 9-6. 104)
(c) Cemeteries
(d) Churches and related activities (See Section 9-6. 121)
(e) Collection station
(f) Funeral Services
(g) Health care services
s •
(h) Membership organizations
(i) Residential care
(j) Schools - business and vocational (See Section 9-6. 125)
(k) Single family residences
(1) Skilled nursing facility (See Section 9-6. 134)
(m) Social and service organizations
(n) Transit stations and terminals
(o) Utility service centers
9-3. 424. Lot Size: There shall be no minimum lot size in the
Public Zone..-, except for parcels intended for single family
residential use where the minimum lot size shall be 2 1/2 acres.
•
• • EXHIBIT I
ORDINANCE NO. 187
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAPS 6 AND 19 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTIES FROM THEIR CURRENT
DESIGNATIONS TO "P" (PUBLIC)
(ZC 1-89: City of Atascadero)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on January 3, 1989 and has recommended approval of a
portion of Zone Change 18-88.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
land use element.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
Section 2. Zoning Map.
Maps number 6 and 19 of the Official Zoning Maps of the
City of Atascadero on file in the City Community Development
Department are hereby amended to reclassify the parcels listed
below as and shown on the attached Exhibit A and B which are
hereby made a part of this ordinance by reference.
1. Lot 22F; Block FA; Atascadero Colony
2. Ptn. of Lot 5; Block 11; Atascadero Colony
Ordinance No. 187 s
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 CouncilwomanMackey and seconded by
Councilman Shiers , the foregoing Ordinance is approved
by the following roll call vote:
AYES: Councilmen Lilley, Shiers, Dexter, Councilwoman Mackey and Mayor Borgeson
NOES: None
ABSENT: None
DATE ADOPTED: January 24, 1989
By:
BO ITA BORGESON, May r
City of Atascadero, California
ATTEST:
BOYD C. SHARITZ, City Clerk
RAY WINDSOR, City Manager
APPROV D A FORM:
vdl F Y JO N N, City Attorney
P PARED
HENRY ENGE , Comm ` ity Development Director
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MINUTES EXCERPT - PLANNING COMMISSION - JANUARY 3, 1989
3. GENERAL PLAN AMENDMENT 1B-89 AND ZONE CHANGE 1-89 :
Request initiated by City of Atasca ero for amendments
to the General Plan Land use and Zoning Ordinance Maps
for certain government owned properties. Said amend-
ments will change the current land use and zoning des-
ignations to "Public" designations. Subject sites are
located at 5575 Capistrano, 5505 31 Camino Real, and
9801 West Front.
Mr. Engen referenced a letter received by the County
requesting a continuance for the 5575 Capistrano portion of
the application. The County is taking issue as it has
future hopes for sale of this property for future multi-fam-
ily development. Mr. Engen noted the exhibit map has a
drafting error; the map should show the area encompassing
the hospital site and approximately one acre site (which was
once considered as a potential police station site) .
There was discussion concerning the appropriateness of
considering the 5505 E1 Camino Real and 9801 West Front
sites with the exclusion of the 5575 Capistrano site.
No public testimony was given.
MOTION: Made by Chairperson Lochridge, seconded by Commis-
sioner Luna and carried 5 :0 to eliminate the 5575
Capistrano site from the general plan and zoning
ordinance applications for consideration at this
time.
MOTION: Made by Commissioner Tobey, seconded by Commis-
sioner Luna and carried 5 :0 to recommend approval
of land use amendments to the General Plan and
Zoning Ordinance to change the designation of the
5505 E1 Camino Real and 9801 West Front sites to
Public (P) designation.
i
TL RECEIVEL)DEC 3 0 19
COUNTY OF SAN LUIS OBISPO 88
acpaR tm cn•t of cjcn azat sa vices i
COUNTY GOVERNMENT CENTER SAN LUIS OBISPO, CALIFORNIA 05408 -(805)540-5200
DUANE 1. LEIB. DIRECTOR
December 30, 1988
r
Mr. Henry Engen, Community Development D� ector
City of Atascadero
P.O. Box 147
Atascadero, CA 93423
HAND DELIVERED
GENERAL PLAN AMENDMENT 1B-89 AND ZONE CHANGE APPLICATION 1-89 (ITEM B.3. ON
PLANNING AGENDA DATED 1-3-89)
The County of San Luis Obispo owns land consisting of approximately 6.1 acres off
Capistrano in the City of Atascadero. This site referenced in a City of Atascadero
Planning Staff Report (Item B.3. ) is recommended for amendments to the General Plan
Land Use and Zoning Ordinance Maps.
The subject site was utilized by the County for many years as a hospital site and
is currently used to house North County Regional Offices for County Mental Health,
Social Services and Health Clinic. These regional services to the North County
residents are anticipated to continue in the future, but the long range plans will
most likely not have these services at this site. The County's probable long range
plan would consolidate services at the proposed North County Regional Center Site.
In 1986, the County, in good faith and as an act of mutual assistance and
cooperation, leased 1 .3 acres of the County site to the City of Atascadero for
fifty years, without cost, for a Police Station Facility. A portion of this lease
site is also the portion of the total Capistrano site containing steep areas that
were referenced in the City of Atascadero staff report as not suitable for high
density uses. The balance of the Capistrano site is very usable and the present
zoning does conform with surrounding uses in the area. County staff feels that the
present zoning should stay intact. If the Board of Supervisors should elect to
surplus and sell the subject property in the future, the present zoning will
facilitate the sale and conforming development that will occur after it is sold.
We question after all these years, why change the zoning now?
The County received the City of Atascadero Staff report for the above referenced
general plan amendment and zone change on December 28, 1988. This does not leave a
reasonable amount of time to deal with all the issues relevant to the action
proposed by the City of Atascadero on the subject property owned by the County. We
request that this action be continued until City and County staff can meet and
address the concerns of the County.
• MEMORANDUM
To: Honorable Mayor and City Council
Through: Ray Windsor, City Manager
From: Paul M. Sensi baugh, Director of Public Works/City Engineer
Subject : Public Hearing—Partial Abandonment—Sewer Easement
Date : January 27, 1989
Recommendation:
Staff recommends that Council adopt Resolution 7 -89 , which
Resolution of Vacation abandons a portion of the sanitary sewer
easement within the Century Plaza parking lot (detail "B") , a
portion of the Public Utility Easement (PUE) within the Century
Plaza parking lot and the Capistrano right—of—way (detail "A: " ) , and
abandons a portion of a sewer and water easement in Capistrano right—
of—way (detail "C" , parcel 1 and parcel 2) .
• Note : The above recommendation assumes no adverse input at the
public hearing noticed for February 14.
Background and Discussion:
Please refer to the attached January 24 meeting staff report .
Fiscal impact :
There is no cost to the public associated with this request .
•
s •
•
RESOLUTION NO. 7-89
A RESOLUTION VACATING A PORTION OF A SANITARY SEWER
EASEMENT IN THE CENTURY PLAZA PARKING LOT AND TO VACATE
A PORTION OF A P.U.E. IN THE CENTURY PLAZA PARKING LOT
AND CAPISTRANO RIGHT-OF-WAY AND TO VACATE A PORTION OF
A SEWER AND WATER EASEMENT IN THE CAPISTRANO RIGHT-OF-WAY
PURSUANT TO CHAPTER 3, SECTION 8320, ET. SEQ . , OF
THE STREETS AND HIGHWAYS CODE.
NOW, THEREFORE, the Council of the City of Atascadero
resolves as follows :
WHEREAS, it is the intention of the City of Atascadero
to abandon (1) a portion of the sanitary sewer easement in
the Century Plaza parking lot , (2) a portion of a public
utility easement (PUE) in the Century Plaza parking lot and
the Capistrano right-of-way, and (3) a portion of a sewer
and water easement in the Capistrano right-of-wav, as shown
on attached Exhibit A, pursuant to Chapter 3, Section 8320
et . seq. , of the Streets and Highways Code; and,
WHEREAS, the proposed abandonment is categorically •
exempt from the provisions of the California Environmental
Quality Act . (Class 5 ; Section 15305) ; and,
WHEREAS, Copies of the map showing the particulars of
the proposed abandonments are on file in the Community
Development Department and the Public Works Department .
WHEREAS, the City Clerk did cause the notice of this
public hearing to be published in the manner required by
Streets and Highways Code Section 8322 ; and,
WHEREAS , the Director of Communitv Development has
caused to be posted notices of vacation in compliance with
Streets and Highways Code Section 8323; and,
WHEREAS, the City Council finds that from all the
evidence submitted, the portions of easements described in
Exhibit A. attached hereto , are unnecessary for the present
or prospective sewer , water or other public utility
purposes ; and,
•
• WHEREAS , the Indemnity Agreement Affecting Real
Property referred to as Exhibit B and attached hereto has
been duly executed by the owners of the property over which
the portions of the easements in Exhibit A pass ; and
WHEREAS, the City Clerk has been instructed to record
said Indemnity Agreement prior to the recordation of the
Resolution of Vacation .
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby vacates a portion of a sanitary sewer easement in
the Century Plaza parking lot and vacates a portion of a
P.U.E. in the Century Plaza parking lot and Capistrano
right-of-way and vacates a portion of a sewer and water
easement in the Capistrano right-of-wav as shown in the
Attached Exhibit A pursuant to Chapter 3, Section 8320, et .
seq. , of the Streets and Highways Code and subject to the
recordation of the Indemnity Agreement .
This Resolution was passed and adopted on February 14 ,
1989.
AYES:
NOES:
ABSENT :
ATTEST :
BOYD C . SHARITZ BONITA BORGESON
City Clerk Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
.s
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works City Attorney
City Engineer
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WILSON LAND SURVEYS
74018 EL CAMINO REAL ATASCADERO. CALIFORNIA 934221
(805) 466-2445
0
EASEMENT ABANDONMENT FOR CENTURY PLAZA AUGUST 11, 1988
*B* SERER ABANDONMENT
That portion of Parcel 1 of Parcel Map AT 85-225 in the City of Atascadero,
County of San Luis Obispo, State of California according to the map filed in
Book 45 of Parcel Maps at Page 8 in the Recorder's Office of said County and
State described as follows:
Beginning at the most northerly corner of said Parcel 1, said corner being
on the centerline of Capistrano Avenue; thence along the line common to
Parcels 1 and 3 of said Parcel Map South 80 46146* Nest a distance of 279.39
feet to the angle point in said line; thence leaving said line South
66 06'51 East a distance of 85.32 feet to the true point of beginning;thence
South 38 45'45* East a distance of 34. 13 feet; thence South 8 53111" East a
distance of 3.31 feet; thence North 39 37'05" West a distance of 38.27 feet;
thence North 80 53'23" EAst a distance of 2.56 feet to the true point of
beginning.
VAN u[/r
Opp. " , .o.
--------------------------------------
Kenneth D. NIlson LS 5571 EXP 9-30-89 No. 5571
OF CA1-
OF A�
0
V LSON LAND SURVEYS
CAMINO REAL ATASCADERO. CALIFORNIA 93422 (805) 466.2445
0 .
]EASEMENT ABANDONMENT FOR CENTURY PLAZA AUGUST 11, 1988
"A" PUE ABANDONMENT
That portion of Parcel 1 of Parcel Map AT 85-225 in the City of Atescadero,
County of San Luis Obispo, State of California according to the map filed in
Book 45 of Parcel Maps at Page 8 in the Recorder's Office of said County and
State described as follows:
O
Beginning at the most northerly corner of said Parcel 1, said corner being
on the centerline of Capistrano Avenue; thence along the line common to
Parcels 1 and 3 of said Parcel Map South 80 46'46" West a distance of 279.39
feet to the angle point in said line; thence leaving said line South
71 25'34 East a distance of 100.01 feet to the true point of beginning;
thence South 8 53'11" East a distance of 55.83 feet; thence South 15 39'46"
West a distance of 20.18 feet; thence North 14 39'20" West a distance of
46.82 feet; thence North 51 42'20" West a distance of 30.90 feet; thence
North 35 09'21" East a distance of 6.71 feet; thence North 80 53120" East a
i
distance of 29.43 feet to the true point of beginning.
\010 .
nn .Vic? '��`� �'. <•}'�..
Kenneth D. WIlson LS 5571 EXP 9-30-89 Z
NO. 5571
\tp
\ATF OF CAO�
WILSON LAND SURVEYS
74018 EL CAMINO REAL ATASCAOERO. CALIFORNIA 93422 (805) 466-244:
EASEMENT ABANDONMENT FOR CENTURY PLAZA AUGUST 11, 1988
"C" WATER AND SEWER ABANDONMENT
Those portions of Parcel 1 of Parcel Map AT 85-225 in the City of
Atescadero, County of San Luis Obispo, State of California according to the
map filed in Book 45 of Parcel Maps at Page 8 in the Recorder's Office of
said County and State described as follovss
PARCEL 1
Beginning at the most northerly corner of said Parcel 1, said corner being
on the centerline of Capistrano Avenue; thence along the line common to
Parcels 1 and 3 of said Parcel Map South 80 46146" West a distance of 279.39
feet to the angle point in said line; thence leaving said line South
60 57'00 East a distance of 75.20 feet to the true point of beginning;thence
South 35 09'21" West a distance of 6.71 feet; thence North 54 50'39" West a
distance of 6.89 feet; thence North 80 53120" East a distance of 9.61 feet
to the true point of beginning.
PARCEL 2
Beginning at the most northerly corner of said Parcel 1, said corner being
on the centerline of Capistrano Avenue; thence along the line common to
Parcels 1 and 3 of said Parcel Map South 80 46'46" West a distance of 279.39
feet to the angle point in said line; thence leaving said line South
34 06'42 East a distance of 58.57 feet to the true point of beginning;thence
South 58 02'231 West a distance of 4.92 feet; thence North 31 57138" West a
distance of 2.20 feet; thence South 20 05153" West a distance of 15.17 feet;'
thence North 35 09'21" East a distance of 18.32 feet to the true point of
beginning.
`'j V
----------------------------------------
Kenneth D. Wilson LS 5571 EXP 9-30-89
7
No. 5571
OF CA
P
EXHIBIT B
Recording requested by:
When recorded mail to:
City of Atascadero
6500 Palma Avenue
. Atascadero, CA 93422
APN �9 3G/—oil
INDEMNITY AGREEMENT
AFFECTING REAL PROPERTY
THIS AGREEMENT is made and entered into this day of
19 , by and between EL CAMINO ASSOCIATES, a
California General Partnership, hereinafter referred to as
"Indemnitor", and the CITY OF ATASCADERO, a Municipal
Corporation of the State of California, hereinafter referred
to as "City".
WHEREAS, Indemnitor is the owner of that certain real
property located within the City of Atascadero, commonly known
as Century Plaza, and more particularly described in the
attached Exhibit "A" incorporated herein as though fully set
forth; and
WHEREAS, Indemnitor has applied to the City of Atascadero
for the partial abandonment of a sewer easement granted to the
City and recorded at Volume 1556 of Official Records at Page
91 in the office of the County Recorder, County of San Luis
Obispo; and
WHEREAS, said partial abandonment of the sewer easement
is necessary and convenient to the further development of
Century Plaza by Indemnitor; and
WHEREAS, said partial abandonment of the sewer easement
will allow the construction of a building and other structures
within close proximity to a main sewer line owned and operated
by the City; and
WHEREAS, in consideration for said partial abandonment of
the sewer easement, the City requires that Indemnitor
indemnify and hold harmless the City for any and all claims
that may arise from the abandonment;
NOW, THEREFORE, it is agreed by and between theparties
as follows:
- 1 �;
1. n m 'f' at'on �■�
e ni is i ,
(a) Indemnitor shall defend, indemnify, and save
harmless the City of Atascadero, its officers, agents, and
employees, from any and all claims, demands, damages, costs,
expenses, liability, and attorneys' fees and costs arising out
of the above-referenced abandonment, including but not limited
to any negligent act or omission to act, or any wrongful act,
on the part of Indemnitor, or of agents, employees or
independent contractors directly responsible to Indemnitor,
which in any way causes damage to, interruption of, or
interference with the remaining sewer easement or the sewer
line owned and operated by the City of Atascadero.
(b) Indemnitor shall defend, indemnify, and save
harmless the City of Atascadero, its officers, agents, and
employees, from any and all claims, demands, damages, costs,
expenses, liability, and attorneys' fees and costs arising out
of the above-referenced abandonment, including but not limited
to any negligent act or omission to act, or any wrongful act,
on the part of Indemnitor, or of agents, employees or
independent contractors directly responsible to Indemnitor, or
for any act or omission arising out of the operation,
maintenance, or repair of the sewer line owned and operated by
the City of Atascadero which causes any damage to,
interference with, or settlement to the proposed building to
be constructed by Indemnitor as a part of the further
development of Century Plaza along the perimeter of the
remaining easement.
(c) The foregoing shall apply to any wrongful act or any
passively negligent act or omission to act, committed jointly
or concurrently by Indemnitor, Indeminitor's agents, employees
or independent contractors, and the City of Atascadero, its
agents, employees or independent contractors. Nothing
contained in the foregoing indemnity provisions shall be
construed to require Indemnitor to indemnify the City against
any responsibility or liability in contravention of Section
2782 of the Civil Code.
2. Right of Entry. City shall have the right of
reasonable entry onto the easement area, the partially
abandoned easement area, and the adjacent land of Indemnitor
during normal business hours for the purpose of operation,
repair, or maintenance of City's sewer line, and at any time
during an emergency.
3. Binding on Successors in Interest. This Indemnity
Agreement shall run with the land described herein and shall
inure to the benefit of and be binding on all parties hereto
and on all heirs, assigns, or successors in interest.
2
4. Modif ication. This Agreement constitutes the entire
understanding of the parties hereto, and no changes, amend-
ments, or alterations shall be effective unless in writing and
signed by all the parties or their successors in interest.
5. Costs and Attorneys' Fees. In the event Indemnitor
or its successors in interest fail to indemnify City as
provided hereunder, Indemnitor and its successors in interest
agree to pay all costs and expenses incurred by City in
securing performance of such obligations, including costs of
suit and reasonable attorneys' fees.
6. Enforceability. If any term, covenant, condition,
or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force
and effect and shall in no way be affected, impaired, or
invalidated thereby.
7. Agreement to be Recorded. Indemnitor and City
intend and consent to the recordation of this Agreement in the
office of the County Recorder in the County of San Luis
Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
INDEMNITOR: EL CAMINO ASSOCIATES,
a California General
Partnership
B By
J M. HARRI N, nneth Fryer,
Waging General Partner General Partner
By , - B
ON, JR. , n Little,
General Partner General Partner
3
CITY: CITY OF ATASCADERO,
a Municipal Corporation
By
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO CONTENT:
PAUL M. SENSIBAUGH,
Public Works Director
APPROVED AS TO FORM:
i;
F Y NSEN,
C' y A o ey
JGJ:fr/12/29/88
C:AGATA680
4
i
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO ss,
On this day of 19 , 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 said Municipal Corporation executed it.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
Notary Public,
State of California
[Notary Seal]
* * * * * * * * * * * * * Or * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
On this day of 19 before me,
E44. a Notary Publ ' , State of California,
duly commissioned and sworn, personally appeared JAMES M.
HARRISON _ per
(or proved to me on the basis of satisfactory evidence) to be
the persons who executed this instrument as Managing General
Partner and canQ 'al par-tAer of EL CAMINO
ASSOCIATES, a California General Partnership, and acknowledged
to me that said General Partnership executed it.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written
E. H. P-1 LETTI
'* RNJ COiTY
1
CALIFOCALIFORNIA IA
3 My Commission Expires on Aoril 3,1992
N tary Pub c,
State offornix
[Notary Seal]
5
c 'r STATE OF CALIEORn ILUI S Obi spo
COUNTY OF Sa
Epit January 4 1989 before me,the undersigned,a Notary Public in and for
A
U ., said State,personally appeared Kpnneth R. fr-yer
d
m
v
m
E
c personally known to me(or proved to me on the basis of satis-
LL factory evidence)to be the person that executed the within PAIGE E. N. POLETTI
'a instrument as a General partner(s), NOTARY PUBLIC
El Camino Associates, �- SAN LUIS OBISPO COUNTY
on behalf of CALIFORNIA
5 the partnership My Commosion Expires on Apel 3,1892
m
a
therein named and acknowledged to me that the partnership
CQ executed it
o_ N
r, WIT SS my han and atficial seal.
or
M
n
Signature (This area for official notarial seal)
c
)
STATE OF CALIF�Q,WL
l U S Obispo Iss.
COUNTY OF �a11
z On January (6, 1989 before me,the undersigned,a Notary Public in and for
U said State,personally appeared William a Wa tcon s Jr-
personally
rpersonally known to me(or proved to me on the basis of satis-
LL factory evidence)to be the person that executed the within
PAIGE E. H. PO:.ETTI
instrument as a General partner(s), a
NOTARY PUBLICon behalf of El Camino Associates SAN LUIS OBISPO COUNTY
CALIFORNIIA
athe partnership My Commission Expires on Axil 3,1892
CVtherein named and acknowledged to me that the partnership
co executed I.
m
o WITNESS han and official seal.
Signature (chis area for official notarial seal)
}
STATE OF CA OR't }ss.
' COUNTY OF Sanui_s QbTSpO }
n
E On
�/� X12-zc� r!c / 79 before me,the undersigned,a Notary Public in and for
0
U said State,personally appeared Gael en Little
r•
P
c
U
E
a
y personally known to me(or proved to me on the basis of satis.
LL factory evidence)to be the person that executed the within
a instrument as a General partner(s),
y on behalf of El Camino Associates DIANNA SAN T OS
C ,the partnershipa
NOTARY PUBLIC
therein d d acknowledged tthat thehi
SAN LUIS OBISPO COUI
eren nameanacnowegeo me apartnership n!CALiFO.tP.iA
NE executed it. 89
MY Commission Expires on June 16,19
WITNESS my hand and official seal.
0
Signature (This area for official notarial seal)
MEMORANDUM
'-,,Honorable Mayor. and City Council:
Through: Ray' Windsor,, City Manager '
From: ., Paul M:' Sensibaugh,- "Director of Public' ..Works/City Engineer
Subject: Request for Partial Abandonment-Sewer Easement
Date: January 16, 1989
Recommendation:
Staff recommends that Council adopt Resolution 2-89 which sets
February 14 as a public hearing date for the consideration of the
abandonment of a portion of the sanitary sewer within the Century
Plaza parking lot (detail "B") , the abandonment of a portion of the
Public Utility Easement (PUE) within the Century Plaza parking lot
and the Capistrano right-of-way (detail "A: ") , and the abandonment
of a portion of a sewer and water easement in Capistrano right-of-
way (detail "C" , parcel 1 and parcel 2) .
Note : The Resolution of Vacation will beF resented at the
February 14 Public Hearing to be passed at that time if there are no
objections from the -public.. The Resolution of Vacation will
indicate that a public hearing was held and that the facts are as
stated in the Resolution of intention 2-89 above .
Background:
Century Plaza has requested an encroachment into the existing
sanitary sewer easement, the PUE and a proposed sewer and water
easement, which they granted the City for the development of the
theater expansion project and Brookhill Restaurant. The latter two
portions of easements do not actually affect any utilities but are
included in the public hearing so that the most conservative
approach is taken with respect to the abandonment .
The corner of proposed building "J" will protrude into the
sewer easement if that construction is Permitted. Therefore, it is
necessary to request abandonment of a portion of the easement to
accomodate the same . Exhibit B is the indemnity agreement 1--hat
controls the above building near the easement. Exhibit A (1-10) is
the attachment to the agreement that contains the sketches and
descriptions for all three easement abandonment requests.
Discussion: " �.
Since the building will-, not be directly over, the sewer line, e
but within" : two ," feet of it, and since the building will be designed
in such a manner that no bearing Pressure;;,will I affect the sewer,,-,
trench, staff is willing to accept the proposal based upon the
signing:,-pf �; the 4 attached :,-, Indemnity... ;.Agreement,.prepared,,by-: the City�=
Attorney.
'
Fiscal Impact:
There is no cost associated with this `request since no money
was given for the easement at the time of formation.
RESOLUTION 2-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
CONSIDERING THE INTENTION TO VACATE A PORTION OF A SANITARY
SEWER EASEMENT IN THE CENTURY PLAZA PARKING LOT AND TO
VACATE A PORTION OF A P.U.E. IN THE CENTURY PLAZA PARKING
LOT AND CAPISTRANO RIGHT-OF-WAY AND TO VACATE A PORTION OF
A SEWER AND WATER EASEMENT IN THE CAPISTRANO RIGHT-OF-
WAY PURSUANT TO CHAPTER 3. SECTION 8320. ET. SEQ. , OF THE
STREETS AND HIGHWAYS CODE.
NOW, THEREFORE. the Council of the Citv of Atascadero
resolves as follows :
1 . It is the intention of the Citv of Atascadero to
consider abandoning (1) a portion of the sanitary sewer
easement in the Century Plaza parking lot , (2) a portion of
a public utility easement (PUE) in the Century Plaza
parkina lot and the Capistrano riaht-of-Way, and (3) a
portion of a sewer and water easement in the Capistrano
right-of-way, as shown on attached Exhibit A (paaes 1-10)
and subiect to the aareement shown as Exhibit B, pursuant
to Chavter 3 . Section 8320 et . sea_ . of the Streets and
Highways Code .
2 . The proposed abandonment is categorically exempt
from the provisions of the California Environmental Quality
Act . (Class 5 : Section 15305)
3. Conies of the map showing the particulars of the
proposed abandonments are on file in the Community
Development Department and the Public Works Devartment .
4 . The Citv Council shall hold a public hearina at
the reaularl_v scheduled Citv Council meeting_ to be held
February 14 . 1989 at 7: 00 p .m. or later, in the Citv
Council Chambers . Administration Buildina. 6500 Palma
Avenue . Atascadero . The public hearing will consider a
Resolution of Vacation at which time all persons interested
in the vroposed vacation may be heard.
5 . The Citv Clerk shall cause the notice of this
public hearing_ to be published in the same manner as other
Resolutions of the Council .
6 . The Director of Communitv Development shall cause
to be posted, conspicuous notices of vacation in compliance
with Streets and Hiahways Code Section 8322 .
�J
This Resolution was passed and adopted on January 24 ,
1989.
AYES:
NOES:
ABSENT:
ATTEST:
BOYD C. SHARITZ BONITA BORGESON, Mayor
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
PAUL M. SENSIBAUGH JEFFREY G. JORGENSEN
Director of Public Works Citv Attornev
Citv Enaineer
�1
AGENDA
• MEETt AGENDA
DA REM# 1-4
M E M O R A N D U M
TO: City Manager Ray Windsor and City Council Members
FROM: Chief of Police
SUBJECT: Proposed Council Agenda Item: Adoption of ordinance
# 190 amending Ordinance #135 and adopt Resolution
Number 6-89 , a Signature Resolution.
DATE : January 6, 1989
RECOMMENDATION/COUNCIL ACTION REQUESTED :
Adopt Ordinance # 190, amending Ordinance #135 , the "Emergency
Organization Ordinance of Atascadero" ; and adopt, in whole,
Resolution 6-89 to conform with the requirements of the
CaM ornia O.E .S. and the federal F.E.M.A. for organizational
structure.
• BACKGROUND:
Ordinance #135 , the "Emergency Organization Ordinance of Atasca-
dero" was originally passed by the City Council on July 14 ,
1986 . That ordinance did not specify the structural position of
"Coordinator of Emergency Services" . In October 1988, the City
of Atascadero applied to the Federal Emergency Management Agency
(F.E .M.A. ) for federal matching funds for the position of Coor-
dinator of Emergency Services . As a result of that application,
the City was informed by F.E .M.A. that the position of Coordina-
tor needed to meet the following requirements :
1 . That the position of Coordinator of Emergency Services
be created and established within the organizational
structure of the emergency service organization.
2 . The Coordinator of Emergency Services be appointed by
the Director of Emergency Services to manage the day-
to-day operations of the emergency services organiza-
tion.
3 . That the Coordinator of Emergency Services be required,
in time of emergency, to report directly to the Direc-
tor.
• Revisions to Ordinance #135 to meet the above requirements:
SECTION 4-4 . 04 : DISASTER COUNCIL MEMBERSHIP
C. The Coordinator of Emergency Services as appointed
by the Director of Emergency Services .
•
SECTION 4-4 . 06 : DIRECTOR, ASSISTANT DIRECTOR AND COORDINATOR
OF EMERGENCY SERVICES
C. There is hereby created the office of Coordinator
of Emergency Services , who shall be appointed by
the Director.
SECTION 4-4 . 07 : POWERS AND DUTIES OF THE DIRECTOR, ASSISTANT
AND COORDINATOR OF EMERGENCY SERVICES
D. The Coordinator of Emergency Services, shall under
the supervision of the Director, manage the day-
to-day operations of the Atascadero civil defense/
emergency services program. In time of an actual
emergency, the Coordinator of Emergency Services
shall report directly to the Director.
SECTION 4-4 . 09 : EMERGENCY PLAN
The Coordinator of Emergency Services, at the direction
of the City of Atascadero Disaster Council, shall be responsible •
for the development and continual updating of the City of
Atascadero Emergency Plan, which plan shall provide for the
effective mobilization of all of the resources of this City, both
public and private, to meet any condition constituting a local
emergency, state of emergency, or state of war emergency; and
shall provide for the organization, powers and duties , services
and staff of the emergency organization. Such plan shall take
effect upon adoption by resolution of the City Council .
It was also required by F.E .M.A. that the City adopt a ' Signature
Resolution' in order that the signatures on the various required
forms submitted to F.E.M.A. be able to be verified as official .
The requested resolution is presented as Resolution Number 6-89 .
FISCAL IMPACT:
There is no foreseen fiscal impact to the City; however, the
adoption of these changes and resolution will enable the City to
receive federal matching funds for the position of Coordinator of
Emergency Services .
For your consideration. . .
� •
Rich rd H. McHale
RHI: jph/cw 2
ORDINANCE NO. 190
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING CHAPTER 4 OF TITLE 4
OF THE ATASCADERO MUNICIPAL CODE RELATING
TO EMERGENCY ORGANIZATIONS AND FUNCTIONS
The Council of the City of Atascadero does ordain as
follows:
Section 1. Text Change.
(a) Section 4-4. 04 is amended by deleting subparagraph
(c) in its entirety and adding a new subparagraph (c) as
follows:
(c) The Coordinator of Emergency Services, as
appointed by the Director of Emergency Services.
(b) The title of Section 4-4. 06 is deleted in its
entirety and a new title is added as follows:
Section 4-4.06. Director, Assistant Director,
and Coordinator of Emergency Services.
(c) A new paragraph (c) is added to Section 4-4 . 06 as
follows:
(c) There is hereby created the office of
Coordinator of Emergency Services, who shall be
appointed by the Director.
(d) The title of Section 4-4.07 is deleted in its
entirety and a new title is added as follows:
Section 4-4 . 07. Powers and Duties of the
Director, Assistant Director, and Coordinator of
Emergency Services.
(d) A new paragraph (d) is added to Section 4-4. 07 as
follows:
(d) The Coordinator of Emergency Services
shall, under the supervision of the Director, manage
the day-to-day operations of the Atascadero civil
defense/emergency services program. In time of an
actual emergency, the Coordinator of Emergency
Services shall report directly to the Director.
- i •
ORDINANCE NO. 190 .
Page 2
(e) Section 4-4.09 is deleted in its entirety and a new
Section 4-4.09 is added as follows:
Section 4-4. 09. Emergency Plan. The
Coordinator of Emergency Services, at the direction
of the City of Atascadero Disaster Council, shall be
responsible for the development and continual
updating of the City of Atascadero Emergency Plan,
which plan shall provide for the effective
mobilization of all of the resources of this City,
both public and private, to meet any condition
constituting a local emergency, state of emergency,
or state of war emergency; and shall provide for the
organization, powers and duties, services, and staff
of the emergency organization. Such plan shall take
effect upon adoption by resolution of the City
Council.
Section 2 . Publication. The City Clerk shall cause this
ordinance to be published once within fifteen (15) days after
its passage in the Atascadero News, a newspaper of general
circulation, printed, published and circulated in this City in
accordance with Government Code Section 36933 ; shall certify
the adoption of this ordinance; and shall cause this ordinance
and certification to be entered in the Book of Ordinances of
this City.
Section 3 . Effective Date. This ordinance shall go into
effect and be in full force and effect at 12: 01 a.m. on the
thirty-first (31st) day after its passage.
.On motion by Council member and
seconded by Council member the foregoing
ordinance is hereby adopted in its entirety by the following
roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
i •
ORDINANCE NO. 790
Page 3
CITY OF ATASCADERO, CALIFORNIA
By
BONITA BORGESON, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
RE O ENSEN, City Attorney
APPROVEDAS TO CONTENT:
RAY WINDSOR, City Manager
JGJ: fr/1/16/89
C:ORATA682
MEETIN AGEND
DAT z ITEM I A— L_
•
M E M O R A N D U M
TO: City Council
FROM: Ray Windsor, City Manager
SUBJECT: State Hospital Annexation
DATE : February 3 , 1989
Recently, I had the opportunity to discuss with the State
Hospital Administrator the question of annexing the hospital
property into the City boundaries . There was also discussion
about the possibility of our pursuing the purchase of Paloma
Park. Subsequent to that, Henry, Steve and I met with LAFCO
Director, Paul Hood, to discuss the feasibility of such an an-
nexation.
• As a result of all of these discussions, we are now at a point
where some direction is needed from Council prior to our formally
pursuing both the annexation and property purchase. If Council
agrees this is something we should move ahead on, the first step
in the process will be to determine the pros and cons of such an
annexation to both entities, which will require input from all of
the City departments . I would rather not burden the department
heads with this additional work without knowing that Council is
willing to consider the annexation.
RW:cw
•