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HomeMy WebLinkAboutAgenda Packet 12/12/1983 AGENDA - ATASCAD r : CITY COUNCIL Regular Meeting December 12 , 1983 Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll "Call Public Comment City Council Comments A. CONSENT' CALENDAR NOTICE TO THE; PUBLIC 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 of these items. If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote maybe by roll call. 1. Minutes of the regular meeting of November 28, 198.3 (RECOM- MEND APPROVAL) 2. Treasurer' s Report, 11-1-83 to 11-30-83 (RECOMMEND APPROVAL) 3. Finance Director' s Report, 11-1-83 to 11-30-83 (RECO101END APPROVAL) 4 . Acceptance of Parcel Map AT 820713:1, 3675 and 3750 Ardilla Road (Lots 43 44 , Block 17) Vera Hand/Lloyd: King (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Acceptance of Parcel Map AT 830422:1, 6900 Portola/6900 San rMarcos Road (Ptn. Lot 1, Block 15) A. I. Jones (Hilliard) I .(RECOMMEND APPROVAL OF PLANNING COMMISSION RECON:14ENDATION) 6. Acceptance of Parcel Map AT 810205:1, 9755 Atascadero Road (Lot '8, Block 11) Benny/Currier/Bennett (Stewart) - ;(prem vously Dodd) (RECOMMEND APPROVAL OF PLANNING CO':MMISSION RECOMMENDATION) 7. Acceptance of Parcel Map AT 811009 :1, 4800 Obispo Road (Lot \1" 33, Block 49) Mark Jepson (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Acceptance of Subdivision Improvement Agreement and Bond for the Road Improvements on Obispo Road,Mark Jepson (Hil- liard). (RECOMMEND APPROVAL) B. HEARINGS, APPEARANCES AND REPORTS w �\ el,{�` City Attorney Report No. 26. 2. Public nearing to consider recommendations for Zoning Ord- inance amendments to adopt regulations for game arcades and coin-operatedmachines t AGENDA - ATASCADERO CITY COUNCIL DECEMBER 12; 1983 C. UNFINISHED BUSINESS . 1. Ordinance No. 74 findings of fact concerning decision not to autflorize' changes in the Zoning Ordinance to permit second residential units known as "Granny Housing" - first reading (recommend adoption) 2. Consideration of Phase II renovation project to include discussion of specific; items of work necessary to provide repairs, installation or reconstruction of mechanical, plumbing and electricalfacilities (recommend approval) D. NEW BUSINESS Ala Analysis of acquisition of Polin property as donation for Library purposes and consideration of Resolution No. 54-83 approving. 3 �9,. Consideration of bid to construct drainage structures. Request for approval to transfer from Contingency ReserveY $19,578. 63 to provide funds to pay for unexpected costs ` associated with the past wildland fire season and antici- pated costs for remainder ofFY83/84 (recommend approval) Requests for City to provide defense for City and individuate City employees named as defendants in the case of Halliday vs. City of Atascadero, et al (recommend approval) Adoption of Ordinance No. 73 amending the Bradley-Burns Uniform Local Sales andUseTax Law as adopted by Ordin- ance No. 3. Changes ,are mandated by State legislative action (recommend adoption) / Adoption of Resolution No. 53-83 approving exchange of Lakeview property for lotsfrontingon Highway 41 and Lake parking area (recommend adoption) (j *171 Adoption of Resolution No. 52-83 approving amending lease with the State of California"for the South Atascadero Park site (recommend adoption) ' ,. Consideration to move elections from June to November. E. ATASCRO COUNTY SmsANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council • 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager MEETttV .�, yX - ITEM MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 28, 1983 Atascadero Administration Building The meeting was called to order at 7:34 p.m. with the Pledge of Allegiance. Councilman Wilkins gave the invocation. ROLL CALL Present: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey Absent: None STAFF Present: Murray Warden, City Manager; Ralph Dowell, Finance Director;: Allen Grimes, City Attorney; Patsy Hester, Deputy City Clerk; Mike Hicks, Fire Chief; Skip Joannes, Recreation Director; Bud McHale, Police Chief; Larry McPherson, Public Works Director; Barbara Norris, City Clerk; Steve Rizzuto, City Treasurer; and Larry Stevens, Planning Director. • PRESENTATION OF PROCLAMATION ON NATIONAL HOME CARE WEEK Mayor Mackey presented a proclamation to Pat Attala in honor of National Home Care Week for the week of November 27, '1983. PUBLIC COMMENTS 1. Sarah Gronstrand, representing Friends of the Library,; stated that a _lot has been donated by Martin Polin for use of a new library. She stated that the County is willing to provide funds for the new library. The lot may be counted against the City' s share of matching funds. MOTION: Councilman Nelson moved to put this matter on the next agenda and to proceed with the paperwork for the lot with no commitments. The motion was seconded by Councilman Stover and unanimously carried. COUNCIL COMMENTS None A. CONSENT CALENDAR 1.. Minutes of the regular meeting of November 14,, 1983 (RECOM- MEND APPROVAL) 0 MINUTES - ATASCADERO CITY COUNCIL NOVEMBER 28, 1983 2. Tentative Parcel Map 11-83; 6700, 6750 and 6760 El Camino Real; Herbert LaPrade (Daniel J. Stewart) to allow division of a 0.95 acre parcel into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 3. Tentative Parcel Map 15-83 11085 San Marcos Road, Donald Auten (Twin Cities Engineering) to divide a 10.67 acre lot into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 4. Acceptance of Parcel Map AT 830523 :1, 11705 Santa Lucia Road, Lawrence McPherson (Twin Cities Engineering) (RECOM- MEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Acceptance of Tract Map AT 820513:1, 7326 Santa Ysabel, Gaylen Little/Don Rauch (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Councilman Molina . requested that Item A-2 be pulled. Mayor Mackey reviewed all the items on the Consent Calendar. MOTION: Councilman Nelson moved to approve the Consent Calendar, with the exception of Item 'A-2 The motion was seconded by Councilman Stover and unanimously carried. A-2 Tentative Parcel Map 11-83; 6700, 6750 and 6760 E1 Camino Real; Herbert LaPrade (Daniel J. Stewart) to allow division of a 0.95 acre parcel into three parcels Councilman Molina questioned the enforcement of applicable Uniform Building Code regulations for fire restrictive construc- tion. Herb LaPrade spoke in support of approving his request. MOTION: Councilman Wilkins moved to approve Item A-2 of the Consent Calendar and to approve the Planning Commission recommenda- tions. The motion was seconded by Councilman Stover and carried with Councilman Molina voting no. B HEARINGS, APPEARANCES AND REPORTS 1. Finance Department Quarterly Report -2 0 0 MINUTES - ATASCADERO CITY COUNCIL — NOVEMBER 28, 1983 Ralph Dowell presented the Finance Department quarterly report. 2. Chamber of Commerce requests concerning downtown parking Mr. Stevens stated that requests were made with regard to parking requirements applicable to a restaurant at the La Familia Plaza on Traffic Way. He felt that, it was not appropriate to sus- pend parking requirementsinthe downtown area at this time pending completion of .the Planning Department study. Mike Lucas spoke regarding the problem of parking and flexi- bility in the city. Gary Larsen, representing the Chamber of Commerce, requested the Council to suspend parking requirements for existing parking in the downtown area and to include a special exception clause in the Zoning Ordinance. He noted, however, that the Chamber of Commerce wished to withdraw its request until the study by the Planning Department is completed. MOTION: Councilman Wilkins moved to table the matter until Council receives the report on December 27 or January 9. The motion was seconded by Councilman Stover and unanimously carried. 3. Report regarding fire safety hazards in Administration Building Mike Hicks stated that the Fire Department conducted a fire safety inspection of the Administration Building. He presented a list of problems and noted that the number of major items are included in the Phase II renovation and will be corrected at that time. He noted that the open "chases" were specifically a part of the Phase II renovation. He also noted that closing them until the necessary electrical, heating and plumbing renovations were completed would be a waste of money and effort. Council requested that the matter of Phase II renovation be brought back at .the next meeting in order to take out items to be enacted upon. Doug Lewis felt that ducting in the vertical shafts would be practical for heating and air conditioning purposes by utilizing the natural air circulation. -3- • 0 MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 28, 1983 Council requested lettersto be sent to tenants of the Admin- istration Building who do not meet housekeeping standards. C. UNFINISHED BUSINESS 1. Ordinance No. 71 authorizing an amendment to the contract between the City and PERS. - second reading MOTION: Councilman Wilkins moved to read Ordinance No. 71 by title only. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Mackey read Ordinance No. 71 by title only. MOTION: Councilman Wilkins moved to adopt Ordinance No. 71. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. 2 . Ordinance No. 72 adopting the Atascadero Municipal Code, a codification of the permanent and general ordinances of the City together with those secondary codes adoption by reference as authorized by the general laws of the State of California second reading Mr. Warden noted a correction in Section 3 to change "68" to 1169" . MOTION: Councilman Nelson moved to read Ordinance No. 72 by title only. The motion was seconded by Councilman Wilkins and unanimously carried. Mayor Mackey read Ordinance No. 72 by title only. MOTION: Councilman Nelson moved to adopt Ordinance No. 72. _The motion was seconded by Councilman Wilkins and unanimously carried by roll call vote. Mr. Warden stated that each code book costs $27.63 to be printed and suggested that they should be sold for $30.00 Council indicated its general approval to return with a Resolution establish- ing these charges. D. NEW BUSINESS 1 . Resolution No. 50-83 setting an appropriation limit for Fiscal period July 1, 1983 through June 30, 1984 -4- 0 0 MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 28,1983 Mr. Warden stated that establishing an annual appropriation limit is required by the provisions of Proposition 4 . MOTION: Councilman Wilkins moved to adopt Resolution No. 50-83. The motion was seconded by Councilman Stover and unani- mously carried by roll call vote. 2. Resolution No. 51-83 establishing the formation of a maintenance district Maleza Avenue MOTION: Councilman Molina moved to adopt Resolution No. 51-83. The motion was seconded by Councilman Wilkins and unani- mously carried by roll call vote. E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council a. Councilman Wilkins felt that since the Christmas holiday is on a Monday that the meeting on Tuesday should be cancelled. MOTION: Councilman Wilkins moved to cancel the Council meeting for Tuesday, December 27. The motion was seconded by Council- man Nelson and unanimously carried. b. Councilman Nelson inquired about the number of riders that Dial-a-Ride delivered for the Thanksgiving dinner. Mr. McPherson stated that he would provide that figure. C. Mayor Mackey stated that the week of November 27 was proclaimed to be Family Week. 2. City Attorney None 3. City Clerk None 4 . City Treasurer None -5- MINUTES - ATASCADERO CITY COUNCIL —NOVEMBER 28, 19$3 5. City Manager a. Mr. Warden stated that he had received a draft agreement from the County concerning the proposed trade of City owned Lakeview property for privately owned lots by the park fronting Highway 41. He noted that he .had just received the County proposal at 4 : 45 p.m. on December 12 and had not, therefore, been able to review its con- tents with the City Attorney. He also noted that in order for the property to be transferred before the end of the year that the problems of the language of the agreement with the County had to be worked out and that there was very little time to do so given the need to meet the agenda requirements of the Board of Supervisors. Because of the problems he was asking Council to authorize proceed- ing with the transfer with the exact language of the agreement to be worked out by the City Manager, subject to approval by the City Attorney. The Council could again consider the matter at its next meeting for final approval. MOTION: Councilman Wilkins moved to approve the release of the Lakeview properties provided that they are maintained for City use and that in the event the City does not exclusively use the property that they would then be reverted back to the County. Mr. Warden was authorized, subject to concur- rence with the City Attorney, to enter into the agreement with the Board of Supervisors for approval. The motion was seconded by Councilman Nelson and carried with Councilman Molina abstaining. Mr. Grimes stated that this is a legal matter and felt it should have been reviewed with him before the meeting. Mr. Warden repeated his inability to get the matter to Mr. Grimes. The meeting adjourned at 9:40 p.m. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk -6- MEETJING. AGENDA DATE 1TEAA - CITY OF ATASCACERO TREASURER'S REPORT NOVEMBER 1, 1983 TO NOVEMBER 30, 1983 RECEIPTS TAXES Property Tax 3,420.35 Cigarette Tax 3,868.31 Motor Vehicle "In Lieu" 26,465.08 Sales & Use 74,000.00' Other "In-Lieu" Taxes 1,387.67 Occupancy Tax 236.28 Business Inventory Tax 2,130.22 LICENSES/PERMITS/FEES 10,934.55 GAS TAX 18,440.05 TRAFFIC SAFETY - 4,818.83 RECREATION FEES 9,522.36 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 140,000.•00 • INTEREST ON INVESTMENTS 1,758.60 TRANSPORTATION SB-325 -0- REVENUE SHARING -0- GRANTS S 60,000.00 j MISCELLANEOUS Rents/Concessions 959.64 Sale Maps/Publications/Reports 247. 50 Special Police Services 60.00 Fines & Penalties 1,232.86 Dial-A-Ride Farebox 1,821.96 Bails/Bonds 353.00 Reimbursement to Expense 2,266.90 Wil-Mar Refuse Contract -0 P.O.S.T. Reimbursement 1,495.72 Narcotics Officer Reimbursement 6,711.64 Reverse Bailout Reimbursement 25,015.00 Miscellaneous 4,412.35 TOTAL $ 401,558.87 1 CITY OF ATASCADER O TREASURERS REPORT NOVEMBER, 1, 1983 TO NOVEMBER 30 , 1983 INVESTMENTS LOCAL AGENCYINVESTMENT FUND 1,095,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 10.375% INTEREST, MATURES 12/20/83' 100,000.00 TIME DEPOSIT, CITICORP SAVINGS 10.00% INTEREST, MATURES 01/23/84 100,000.00 TOTAL INVESTMENT DEPOSITS 1,295,000.00 tevep9m. 'zz r asu er�� 2 MFET?* AGENDA i • CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT NOVEMBER 1, 1983 TO NOVEMBER 30, 1983 'I BALANCE AS OF OCTOBER 31, 1983 17,790.80 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 401,558.87 TOTAL 419,349.67 HAND CHECK REGISTER DATED ;11/30/83 97,923.32 CHECK REGISTER DATED 11/10/83 81,359.16 CHECK REGISTER DATED 11/23/83 43,114.32 CHECK REGISTER DATED 11/30/83 48,945.61 EXPENSE LISTING 145,539.84 TOTAL 416,882.31 BALANCE AS OF NOVEMBER 30, 1983 - 2,467.36 PETTY CASH 200.00 • TREASURY INVESTMENTS SEE TREASURER REPORT, 'PAGE 2 1,295,_000.00 TOTAL $1,297,667.36 I,RALPH H. DOWELL JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: December 6 1983 Ralph H. 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C- C.. t E L ( < CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT NOVEMBER 1, -1983 TO NOVEMBER 30, 1983 EXPENSE LISTING PAYROLL DATED 11/02/83 CHECKS #11839-11923 49,333.02 PAYROLL DATED 11/16/83 CHECKS #30001-30084 49,207.19 PAYROLL DATED 11/30/83 CHECKS #30086-30169 53,278.03 VOID CK#18676 CK. REG. DATED 11/23/83 ( 30.00) VOID CK#18673 CK. REG. DATED 11/23/83 (5,818.90) VOID CK#18761 CK. REG. DATED 11/30/83 (429 . 50) TOTAL $145,539.84 30 • MEETI*--m-1TEM AGENDA MEMORANDUM TO: CITY COUNCIL December 6, 1983 FROM: PLANNING DIRECTOR SUBJECT': Acceptance of PARCEL MAP AT 820713:1 LOCATION: 3675 and 3750 Ardilla Road (Lots 43, 44 , Block 17) APPLICANT: Vera Hand/Loyd King (Stewart) On October 25, 1982, the City Council approved Parcel Map AT 820713 :1 subject to certain conditions and in concurrence with the recommends- tion of the PlanningCommission. The zoning is RS and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been met'. The Planning Commission, at their regular meeting held December 5, 1983, reviewed the matter on its Consent Cal- endar and recommends acceptance of the Final Map. LAWRENCE STEVENSRAYWARDEN Planning Director C' ty Co ncil Ps • }-•`P.e.....r- -.. .: :�..:1'e� ;�.;YPS"T9'�A 9'+11.711Sri TS" ?.:'+A:'., .�'� 'r'�:)i._'$�"'4r.•.ti _pIT'7E'�IRi7'+F'x'4}r.7penx.,S`+�'i•.7i:'i'�"^'"[ _ l;r'._.'�.... ,. R 6 wC ■■fib a3 as m a t wIp oo° naohgam' m .r• a"amoN g a $ a^, sa ,�, tih .,.•� '., �aw F�S_�mti� $bm y�€� a�: 1,; O�gh �€ a5�`^ iia +qL" ,.w � it la TM xo 2 gy M 6 �Lj ='gas E e . p gg�y t w SSllff R p� �A � 1CF MS 4W%/.J SSW 47(MI +— 86791"/MI 41- A, 97Z 4f r Y , _ n BB/M,�•RXR/W/R/Wr AMl.64y�1 ' B .N:1X261•/�I ' }�• �# € 1 �, •ry ti� _'�'�' '`�_ _ ... .taimlair—-' - '—� s yr•rs �"""J� 'e 7BtM1 I4Rp7/M/ '€ � - �� a� �.-,...=rte' .. ss '��:` "" +. "� ;$ .. a A N D 5°_ `�•a� �• � \Nu asa.��.YYS M g°a� . gn a .rye .c � rx. v 3 � R u ;q >• D s r.. r 3 � \ .. �o � 5 }`�'.y�� e �o ,�: ,' � &`r' �t� S i �k: JF 'i A�•p S ', �e • a�c�. 4 mb s'tg��"4 e>` ( � y S `t it € i Kms? 5�. p6B,(M)✓ 4 ; V $ pee2�� 6 37 E(N y ;r `��gS"— .€" — ;• ... g�,�I x !oar ' f e f r Sa3' ��,�;� ���,a ( �;� �r c,�i iz�. „.':s t� ?� x �/may •�8 c5t I;�„:-�'' i .�,. '�S „$•ei t Nd't1 3 _\�"�4 i) �`.10. 3, N8 R1 ^ a., nM do 61 �} j 3�s,ru-f> z't ' t��Q x '" :`� '•��`c ZL„ pea�+g�(N7- ve -w a a � 3.j r� . o"S ff iIla Y c23 x xrYZ. -'"'y4 + ",•N '�3a LrN'i .4i.s a it ril- rb „�, ,fit; "-•�pq�pGiQ�o�ayy ��. ����,a�.�� : � �����'�i �sx���n a��� syr y.: �a 2 .' �.�`a� �n �;q; "' § .� � �'�y� �i2� c a •ro r LNo< t� O I L• w�a�A mg 9Z ell 'g" IN �� � � ���o��• �oc�o1. It Jj rm o n �► � � � �. .. �' lJ �rF➢�o 511 FS M AGENDA DA a- • M E M O R A N D U M TO: CITY COUNCIL December 6, 1983 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 830422:1 LOCATION: 6900 - Portola/6900 San Marcos Road (Ptn. Lot 1, Block 15) APPLICANT: A. I. ' Jones (Hilliard) On July 11, 1983 the City Council approved Parcel Map AT 830422:1 sub- ect to certain conditions and in concurrence with the recommendation of the ,Planning ;Commission. The zoning is RSF-Z and the General Plan designation is Low Density • Single Family Residential. Staff review has determined that all con- ditions of approval have been met. The Planning Commission, at their meeting held December 5, ` 1983, reviewed the matter on its Consent Cal- endar and recommends acceptance of the Final Map. LAWRENCE STEVENS U Y L ARDEN Planning Director Ci y Co4ficil Ps Iri m � g r�t � � s � CSlea 3 o m N •� y 2 t no ao 3. / _ ItON f a g a m u x go Baa py1 t\ =r ".MM"�oo $ b ry. w0pyFagtl�i s 1 nm,a�mYa +j aivm.:oam2. ?r Ob !^typIR .' y a �$ •Af a iz, . fir �"g. �ne�'p� �' p•.. m. .�.. moor�...,i. t g y ZZA Pit illllli '1 gAit 5?d�' a; f g# t: saro ccfrwFarE u4 ' a a� I �Dnsy1`. m elf •'d a . at 0 8 ay y m i8 iitis, `r m It �mm..< � ' rrW�np` 'x Com• ..N :�.� • MFcTf AGENDA DATE1 .REM}� • M E M O R A N D U M TO: CITY COUNCIL December 6, 19>83 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 810205:1 LOCATION: 9755 Atascadero Road (Lot 8, Block 11) APPLICANT: Benny/Currier/Bennett (Stewart) - (previously Dodd) On April 13, 1981, the City Council approved Parcel Map AT 810205:1 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RSF-Y and the General Plan designation is Moderate Den— sity Single Family Residential. Staff review has determined that all conditions of approval have been met. The Planning Commission, at their regular meeting held December 5 1983, reviewed the matter on its Consent Calendar and recommends acceptance of the Final Map. 000 00 LAWRENCE STEVENS MUR Y L. ARDEN Planning Director Ci Cou Cil Ps • ;i t ' t •jp ° sem.'# r -:�1 � r t' � "& a "6. �b ray r'�',y � 0 2�p�� Q a;A y fit. ..sC #yw ,�� "t*' a an'�cH.u� �y a& a '♦41 . �• ki'. S t t � 4' n ._i-� ys d Nf tb O RIY a�� '4 2rybb`� �'s a'f' yat Y�,t��p"5y�� « vid•#., ���� ' .� �.sR� c :Y.'L t�� $���"s..y� ,�g�o°< '�\f 4� tri �� ;m, � 1 �t sot $ -r.0� / _"1 '�•�`�d� ' •` o�.�aom� � �a^u � hi 5 iRgMl_ y-, ki CM 5 'eng 1.05 18 ae'sfi w{ f xB ,• �st..f,` -+a •a•c. m -T g'' Zo,29. -'e �� r 1, a a t P .,-dam. 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MEETING AGENDA • A I- ITEM " • M E K 0 R A N D U M TO: CITY COUNCIL December 6, 1983 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP AT 811009:1 LOCATION: 4800 Obispo Road (Lot 33, Block 49) APPLICANT: Mark Jepson (Hilliard) On December 14, 1981, the City Council approved Parcel Map AT 811009 :1 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RS and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been met. The Planning Commission, at their regular meeting held December 5, 1983, reviewed the matter on its Consent Cal- endar and recommends acceptance of the Final Map. LAWRENCE STEVENS MU Y L ARDEN Planning Director C' ty Coidncil Ps 0 Ppb N v \ mat OIl h-al/If /// pa 4 AS vm Elk ME- tj } a \ �c; : so ,� Qy�• a� � bEF S x C A �s`�' ✓�(°--� /6 RA O .gip ah� � ��C� �. � ye��� !Q ����.A� � R��a"�.. ..-a'•x''•es`w o� ,,.,. ..Z: � .�� R. .� 4.. P�2�.teA9� �Z�VY �a a FRrtu 7. �M kr PTO UI -.�* 3 - . m h Y a`+•� p �� ae, G Zy ay.an tim`tN �. �2 �- mi roQ TO Su�a`t tizzy'Pim" I0 p (A It ca 7 2� y 2 � 0 � A { AMOUNTS 2 nrQ`tn�R. a2 Y �Rb� lx Y A at �� tia lz2 �fA � pt .�D run, PSE � � G(� Y�. �$�QIf� tt�bNfl1A �.. JA ' 111jYj " off 2` a \poM `A�62aY�ir 9FP �mYt gaffs �C i 1 pt A, � � � Lp Y @ � � ; 4 Y� ��'Ay'"r � h�� N �wf(M1�K0{ � � ;g � �at� �. A on �Y2� � R �ta��q�Y1�Yy2t hid' VAN 10 mt2rR �Y a Yyi , �"F ting^ oa G by i n� II Nick fly. ''MIR Y pG�1 2I .no ip Owl MEETING AGENDA DATE J' AT EM M E M 0 R N D U M h- 6"'1 Ae TO: Murray FROM: Larry McPherson SUBJECT Acceptance of Subdivision Improvement Agreement DATE: December; 5, 1983 Attached is a subdivision improvement agreement and bond for the road improvements on Obispo Road for City;Council approval. The road improvements were a requirement of parcel map AT82-89 and according to the Subdivision Map Act, the subdivider may bond for the improvements so that this requirement does not hinder recordation of the subject subdivision map The sub • divider shall complete construction of all improvements within one year from the date of recordation of the subdivision map' at the San Luis Obispo County Recorder's office. If, however, in the event that good cause is shown, the City Council may extend the time for completion of the improvement. I WRENCE McPHERSON LM:vh • s � CITY OF ATASCADFAK SUBDIVISION IMPROVEMENT AGREEMENT This agreement, -dated this day of 198 , by and between Mark Jepson collectively called "SUBDIVIDER" and the CITY OF ATASCADERO, a municipal corporation of the State of California, called "CITY" ; WITNESSETH: WHEREAS, SUBDIVIDER has prepared and filed a final subdivision map of AT 82-89 in the City of Atascadero for approval by CITY; and WHEREAS , as a condition of precedent to the approval of said map by CITY, SUBDIVIDER is required to offer for dedication those parcels of land intended for streets , highways and other public use and also to construct and install or agree to construct and install certain improvements; and WHEREAS, SUBDIVIDER, by said map, has offered for dedication to CITY for public use the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by CITY, SUBDIVIDER is required to enter into an agreement with the CITY to construct certain improvements; NOW, THEREFORE,. IT IS AGREED by and between the parties hereto as follows : 1. CONSTRUCTION OF IMPROVEMENTS SUBDIVIDER, at his sole cost and expense , shall construct and install the Road Improvements on Obispo Road per approved plans. 1 J copies of which are on file in the office of the Director of Public Works of the CITY and which are referred to and incorporated herein as though set forth in full. 2. CHANGES IN PLANS AND IMPROVEMENTS All improvements shall be constructed in accordance with the Improvement Plans, referred to in Paragraph l above and in accordance with all applicable CITY standards' and regulations , as finally approved by the Director of Public Works. The parties hereto contemplate that certain corrections and revisions in said Improvement Plans may be necessary to comply with applicable CITY standards and regulations, as determined by the Director of Public Works SUBDIVIDER shall complete such Improvement Plans to conform to applicable standards and regulations for approval by the Director of Public Works , including any corrections and revisions thereto, prior to approval of said final tract map. SUBDIVIDER shall perform all changes or alterations in th o construction and installation. of such improvementst conform with plan revisions , all in accordance with the Improvement Plans as finally completed and approved by the Director of Public Works. 3. SECURITIES (a) Whenever this Agreement requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following, at the option and subject to the approval of the CITY: (1) Bond or bonds by one or more duly authorized corporate sureties as provided by Government Code Sections 66499. 1 , 66499. 2 , and 66499. 3. (2) A deposit, either with the CITY or a reasonable escrow agent or trust company, at the option of the CITY, of money or negotiable bonds of the kind approved for securing deposits of public moneys. 2 _ (3) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment. (4) A lien upon the property to be divided, created by contract between the owner and the CITY, if the CITY finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map. (5) Any form of security, including security interests in real property, which is acceptable to the CITY and specified by ordinance thereof. (b) Any written contract or security interest in real pro- perty entered into as security for performance pursuant to subparagraph (a) above shall be recorded with the county re- corder of the county in which the subject real property is located. From the time of recordation of the written con- tract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed upon improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the City approving the map. 3 (c) The CITOOmay at any time release alp or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by alien ..on other property- or that the re- lease or subordination of the -lien will not jeopardize the completion of agreed upon improvements (d) The subdivider shall furnish the following types of security to the CITY: (1) A faithful performance bond, as provided in Government Code Section 66499. 1, in the amount of $ 14,651.00 which is 100% of the estimated cost of improvements. This bond shall assure the faithful performance of this Agreement. (2) A bond for security of laborers and materialmen, as provided in Government Code Section 66499. 2 , in the amount of $ 7,325.00 which is 500 of the estimated cost of improvements. This bond _ shall assure payment of the cost of the labor and materials for the improvements required to be constructed hereby. (3) A security for improvements in the amount of $ 1,465.10 , which is 100 of the estimated cost of improvements. This security shall assure performance of paragraph 7 of this Agreement. The subdivider may, at his option, delay providing this security up until prior to acceptance of improvements by the CITY. The faithful performance bond required in subparagraph (1) above shall not be released by the CITY prior to the posting of this guarantee security. - 4 (4) A security for monumentation, as provided in Government Code Section 66496, in the amount of $ WIN which is 100% of the estimated cost of setting the monuments shown on the subdivision map. This security shall assure payment of the cost of setting the required monuments to the satis- faction of the CITY. (e) The SUBDIVIDER, in lieu of furnishing the CITY with the above specified bonds , may post alternate forms of security pro- vided by Government Code Section 66499 and set forth in this section if such alternative means of security are approved by the City Attorney. 4. TIME FOR COMPLETION SUBDIVIDER shall complete construction of all improvements within one year from the date of recordation of the subdivision map at the San Luis Obispo County Recorder' s Office. Time is of the essence of this agreement. Provided, however, that in the event good cause is shown, the CITY Council may extend the time for completion of the improvements. Any such extension may be granted without notice to the SUBDIVIDER' s sureties and an extension so granted shall not relieve the sureties ' liability on the bond to z . . secure the faithful performance of this agreement. The CITY Council shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. 5. INSPECTION AND ACCEPTANCE OF IMPROVEMENTS The Director of Public Works or his duly authorized representativ upon written request of Subdivider, shall inspect the improvements herein agreed to be constructed and installed by SUBDIVIDER, and, if determined to be in accordance with the applicable CITY standards and the Improve- ment Plans , shall recommend the acceptance of such improvements by CITY. 5 6. MAINTENANCE OF IMPROVEMENTS SUBDIVIDER shall maintain all public improvements provided for in this agreement and which may be further provided for on the subdivision map or conditions of approval thereof, until acceptance by the CITY Council. The bond provisions of this agreement and the CITY's right to perform in accordance with Paragraph 16 hereon, are specifically applicable to this section. 7. GUARANTEE OF IMPROVEMENTS SUBDIVIDER shall guarantee such improvements for a period of one year, following completion by Subdivider and acceptance by CITY, against any defective work or labor done, or defective materials furnished, in the performance of this agreement by SUB- DIVIDER. In the event any such improvements are determined to be defective within the time provided herein , SUBDIVIDER shall without delay and without cost to CITY, repair or replace or reconstruct any such defective work or materials. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work, and SUBDIVIDER shall pay to CITY the actual cost of such repairs plus 250 or the CITY may recover the same from the security pro- vided by Paragraph 3c. 8. TITLE TO IMPROVEMENTS Title to, and ownership of, all improvements constructed hereunder by SUBDIVIDER shall vest absolutely in CITY, upon completion and acceptance of such improvements by CITY. 6 9. AS BUILARAWINGS SUBDIVIDER shall keep accurate records on a set of project blue lined prints of all additions and deletions to the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Improvement Plans. Prior to field acceptance of the work, SUBDIVIDER shall deliver this "as built" information to the Director of Public Works for the Director' s approval and retention. 10. BINDING ON SUCCESSORS IN INTEREST All provisions of this agreement shall be binding on the parties and their executors , administrators , assigns and successors in interest. 11. SUBDIVIDER' S INSURANCE SUBDIVIDER shall not commence work under this agreement until SUBDIVIDER shall have obtained the following insurance and the coverage and certificate thereof shall have been approved by the CITY, through the City Attorney' s office, as to form, amount and carrier. a. Contractual liability insurance for liability assumed by Subdivider pursuant to this agreement with CITY. The minimum limits of liability for this insurance shall be as indicated in either (1) or (2) as follows : (1) Bodily Injury Liability $500 , 000 $1,000 ,000 Each Person Each Occurrence Property Damage Liability $250 ,000 $ 500 ,000 Each Occurrence Aggregate (2) A single limit for Bodily Injury Liability and Property Damage Liability combined of: $500 , 000 $1 ,000 ,000 Each Occurrence Aggregate 7 b. Shall Ca# an Additional Insured EncTorsement. The SUBDIVIDER' s UBDIVIDER s liability insurance policy, naming the CITY, its officers and employees , as addition insures. Insurance coverage in the minimum amount set forth herein shall not be construed to relieve SUBDIVIDER for liability - in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provision of this agreement or otherwise in law. 12. NO ASSIGNMENT WITHOUT CONSENT SUBIDIVIDER shall not have the right to assign or transfer this agreement, or any part hereof, without the prior written consent of CITY. 13. NOTICE OF BREACH AND DEFAULT If SUBDIVIDER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time , or if to SUBDIVIDER should be adjudged a bankrupt, or SUBDIVIDER should make a general assignment for the benefit of SUBDIVIDER' s creditors , or if a receiver should be appointed in the event of SUBDIVIDER' s insolvency, or if SUBDIVIDER, or any of SUBDIVIDER' s contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, CITY may serve written notice upon SUBDIVIDER and SUBDIVIDER' s surety of breach of this agreement, or of any portion thereof, and default of SUBDIVIDER. 14. BREACH OF AGREEMENT; PERFORMANCE BY SURETY OR CITY In the event of any such notice, SUBDIVIDER' s surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety, within ten (10) da 8 days after the serving upon it of such notice of breach , does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within twenty (20) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable , for the account and at the expense of SUBDIVIDER, and SUBDIVIDER' s surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials , appliances , plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary therefor. The right of CITY provided in this paragraph are in addition to and cumulative to any and all other rights of CITY as provided by law and any election by CITY to proceed pursuant to the provisions of paragraphs 13 or 14 hereof shall not be construed as being in lieu of any other such rights pro- vided by law. 15. NOTICES Unless otherwise provided, all notices herein required shall be in writing and delivered in person or sent by registered mail , ppstage prepaid. Notices required to be given to CITY shall be addressed as follows: City Clerk, City of Atascadero, P.O. Box 747 , Atascadero, CA 93423. Notices required to be given to SUBDIVIDER shall be addressed as follows : Mark E. Jepson, Route 1, Box 911-2 Paso Robles, CA 93446 Provided that any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. APPROVED AS TO CONTENT: CITY OF ATASCADERO MURRAY L. 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'7 Dear tMichelle s,s r t , i= r rt a i r r ^ra=� tf '`� >, r C J 'C r '� F 1, ,Krr ut : 'S FA ( _: e F r S 1 r tri c M1T i z t 34` 9-a.r +.h �- 4^r -Le � l� �c�, ,. u i t:�. i n ` .tis .1a, , t a i 4 r: t t ti;� y t ,. §� ` r{', t r ,c e4'�ixt t v .t 11. ;t � t r t.:1 a ¢ft �' .`y r `� -.- .1}}' '� .rvr ,`~ As provided by Wes;t1.anci Fnginie.ering.' the=iesti�nat� o o d ." .� x- ,- ,� 7� imprcbvements is $,1.3081::;00. ­11,As;:.pr.1 Iop ded by 'Atascader`',`` �- �Y ter.,. h, �. �f . Company the estimate 1'or the fire �iydrant and instal'lat bx� �s+$1 70�,fl�., , � ' "t`` ; Therefore .the "ent.ire estimate for ',Amproveme� �s - is $14651;00,� � ,r,; l y^,,", ' V t}`ta, t kThe 'surye:y monuments '_have 'alre'a.dy been ,set.._Any monumen:t.8 remO��d {r° t, R during construction will be replaced 'nt the expense of the o�rner. k ' J r,_.1 f A�rr t ^)'�i r t t n i ! J n t, ,...-� 1"t �:i gyp` � ijl f`�� +; it. f+ ,t4 f,r. t*'R:{g,t ay�.� +�.,.w i sj if:t"."' { 1 } .d :.L ! 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" }{ �r"".tN��r t yt v .z:.IZ ,tro.,t�'yi t k.i 3 S r r : T ? i{a.r ,>3.,? y,r 1{ D 1 -u;Y�'%C-'xl"r3;'y ib'.r-"�"'x`-'&•.y 9 s`�s`c 6.4j7• r< ;ehr 4 .,.1"`t'� .1, 1 ab.- -b- 3nRR.. `P1, "'A ; `•.LICENSEDIANDSURVEYOR 7,.,,:;C aJ! ,r rF, y ry ) ,ARr � g'•S ' 1LLL,.,,- 11 fs J ,f + ' r r 6125 PORTOLA ROAD,ATASCADERO,CA 93422 l c, t ^3 �= �fi t ra 3q; j s ti i'x,,tyw d Y i s DJ w�u«� �> -e,411 r �}� g� +„ nS3. y C �i>s7a < ti _ ''r �'v t '�3�t#•,�.,' {s,''�R: r: ~ �� is.'x yr `Cys :f Y*;r.�', t p... $ XS`;(�5)46617� r*nr }z v �t'#cy„:f..hr' 1 ,.,. a9u tr+ -7. ,'K3+ti rxapr xaa 5 'e'� J'� t'' i"• ': a^y.. d' �;y�. :"girt , z h rF t ;`..i( tea ^s �." 'r,: �°,.^t ti '#yrg+ -0,1 f 7,1 s ``'z. . '_�X ",41t",, s 'tif •t•,r ,t} tr:> t- i a- ! ,,^'�'- t y-ed`• •ar J°`i '" 7 r -['•e < 0 ..: , ,�t3d..^» ..x t ti K..Yk < L•,P fM s .k �4g' ,YSaa>Y'r t a x •s` a ,% "< �, '.a ,t 3 r ,r,xt �,r. a xt rye P ' t ._aYfi { '+ro-}`1 S..'l> P r 1 '_. ; ,+ ,.j f ><; ^ S t t -,r<*w s iT ,.,� `. „•'k+. r,'sr,. Frky.i �.-.. hn,.i EY-r _ -«_+.a..v o!:eAm*�.%r1.3a-x-.fir +grab:i ,8ror?+ix si' 1�.xt igL.cs':ea,r _u a tm'i�'> w'.or?i" _'t',�Bnwvb�4ai It ++�N eaaaeatSt jLww•4..y+.+u;r++w`" FLiee"tis rAvraesT. iv as.I .4 w- AMWEST SSETY INSURANCE COMPA& LOS ANGELES,CALIFORNIA BOND NO. 1042813 Premium: $ 293.00 for one year 1% each year thereafter PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, MARK ERIC JEPSON , as.Principal, and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California, as Surety, are held and firmly' bound unto: CITY OF ATASCADERO ,as Obligee; in the sum of forteen thousand six hundred fifty one and no/100ths****************DOLLAPS, ($ 14,651.00******),lawful money of the United States of America,for the payment whereof,well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 0 THE CONDITIONS OF THIS OBLIGATION IS SUCH,.that WHEREAS, the above-bounden Principal entered into a contract dated the November 23, 1983 with said Obligee to do and perform the following work, to wit: Road improvements on Obispo Road per approved plans. NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed,each and all of the requirements and obligations of said contract set forth, then this bond shall be null and void;otherwise it shall remain in force and effect. SIGNED, SEALED AND DATED this 23rd day of November 19 83 MARC ERIC JEPSON I PRINCIPAL BY AS TO ECRM AMWEST SURETY INSUR CE COMPANY APPROVED BY — ci'r fair ORIV J n E. SaL age ATTORNEY-IN-FACT C-101 (7✓78) AMWEST SURETY INSURANCE COMPANY .rte s ra P.O.Boz 4500pip 692 Woodland Hills,California 91365 IY 4 fJ.s7 Telephone 213:704-1111 lm?l OF'`k7'fi�RNEY .. W- POWER KNOW ALL MEN BY THESE PRESENTS,That,AMWEST;SURETY,INSURANCE COMPANY, A CALIFORNIA CORPORATION does hereby make,constitute and app0lnt,'x GARY kTEh,SON—JANiCE bRUEZ—tN'ANNEi1,.LA4 LAN-SN{RLEY PAIVA—CHERYL'M.BURNAND-rJOHN,E.+.SAVAGE-SCOTT D.ANSCHULT2-MARGIE NH AICHil-CATHERINE THOMPEON—ROCHELLE P•WOESSNER—OCINNA4,ROGERS-SUE BROWN—PAMELA scoTT—G-J.SAMDEN— > JOSEPH M.PANARISI-KRIST,E,NOUERY—MAHCIAD,SMITH fAARILYNK.CARLISLE—DONWELT'T-•KAYE.BETrIN ,. >n w ,;- its true and lawful Attomey(s)-in-Fact,with full paweraru!`authorltyforand orT;behalf of the company as suretyr(Qecute and deliver and affix the seal of the company thereto if a seal is required Elands uti iertakinga recogmzances or other written obligations in the nature thereof,as followst CONTRACT,LICENSE,PERMIT;'COURT MISCELLANEOUS BONDS TO$250,000 00 and to bind AMWEST SURETY INSURANCE COMPAfU1C t}teieby and afl"of the act Pf said Attornik r,I-Fact pur,u to these presents,are hereby ratifiea'and conttrmetl Thrs appointment is made under and by authorifY of he fopoeiing pw- sions of the By-Laws of the company whiEh"are naW ii1i 611 force and effect`. Article III,Section 7 of,the By Laws of AMWEST SURETY INSURANCE COMPANY + v , This Power of Attorney IYsigned'and sealed by facsnn,le Under'arid by the authority of Ihefollowifrgre oluhonsad""`. t ted by the board of directors of AMWEST SURETYJNSURANCE COMPANY at a fneefsngduly heftl on'17ecember ll1975gr ` RESOLVED ttiat the president or arty a preSlrtent th;r pnjunction with the sacra many a ttantecre .. ` 3v Mary,may appoint ittorneys in:fact dr'agents with�authorityTis defined or limited in the instrument ev dencmg tl4e z `appointment to each case,forand ori behalf of thecampany to execute and deliver artd affixz seal of theca ^ n > ", �a r w pang to bonds,undertakings, and suretyship obhgat+ons of all kinds and said;afticers may rerriay`g;, r V y x fp y c�° as any such attorney-in•fact or agent and}revoke any power of attorney pra0&AIy13r2nted to Such perirdw , 'R'ESOLVED FURTHER that any bond undertaking recognizanceSrsurelyshlp obGgahort hail be and'� and binding upon the company = r , mar4* t .- a.>rc+ . s. `,'t a (when signed by_the president or any vi te-president and attested and sewed{if a sail be;e ed)b a secretary or assistant secretary;or 0MW rr ,'(ii)when signed, y the presidentor any'vice-president or seGtRka4Y 4r assistant secretary and countersigrTed arnf sealed lit a seal be required)by a,duly authorized attorney in >, m s 1iN1 when duty executed and sealed`(if a sea be required)by one ar fnore attorneys-in factor•agents puny t uant to and witninfhe limits of the autttonty evidenced by the power of attorney Issued by thecompany tD such I !� Tersonor persons?,,­'-.`,,, , ° r RESOLVED FURTHER that the signature of any authorized officer and,the seal of She company maybea, 'affixed by facsimile'to any;powerjof attorney or certification thereof authorizing the execution and delivery oP - ,,. -� " �.any bond,undertaking recognizance.or other suretyship obligations of the comping and such signature and seal m v` when so used shall have the same force and effect as though manually affixed { ,„.. Y 1 ;r < 1 ..:"12kt5ty\ zr•�R "`*�tt"sz£o-s, �` IN WITNESS WNEREOF,'AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be hereunto affixed this 17th day of September 19_{}L. z WEST SURETY INSURANCE COMPANY. t e 1 q,n Secretary STATE OF CALIFORNIA,COUNTY OF LOS ANGELES-ss On this17thday of SeptemberA.D.;19_$1,personally came before me Richard H. Savage and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being Z. by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. •�: 4 „,,�„���.> �.,w ' OFFICIAL SEAL _ DYANNE A CALAHAN NOtARY PUBLIC.CALIFORNIA (SEAL) PRINCIPAL OFFICE IN LOS ANGELES COUNTY Notary Public Mr Cemmasion Esp.Mar.29.1985 ;., STATE OF CALIFORNIA,COUNTY OF LOS ANGELES—ss CERTIFICATE 1,the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, 00 HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore,that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. Signed and sealed at Los Angeles this 23rd day of November 19 83 _ Pfty,n5uq„gC a -•- ° � Secretary t�� C,IliOM11r .. Y i•i aY r n: ADMINISTRATION BUILDING "FETING AGENDA POST OFFICE BOX 747 '•a i _/ CITY ATTORNEY POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 SCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000. PHONE:.(805).466-5678 .CITY COUNCIL CITY CLERK POLICE DEPARTMENT CITY TREASURER CITY MANAGERATAS . INCORPORATED JULY 2, 1979 POST OFFICE BOX CAD€RO, CALIFORNIA1A 93423 FINANCE DEPARTMENT �' PHONE: (805) 466-8600 PERSONNEL DEPARTMENT �.; - PLANNING DEPARTMENT PUBLIC.WORKS DEPARTMENT. _. _ FIRE DEPARTMENT RECREATION DEPARTMENT' - 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 -►� PHONE:: (805) 466-2141 REPORT OF THE CITY ATTORNEY For the Council Meeting of December 12, 1983 No. 26_ 1. REPORT OF THE LEAGUE OF CALIFORNIA CITIES LEGAL ADVOCACY COMMITTEE • At its regular meeting on October 1r 1983, the Legal Advocacy Committee reviewed some 35 cases of significance to cities.,' The committee urged city attorneys to consider joining as amiciin the following ;three ,cases: �✓d• Los Angelese of Labog , al. v. County of Los Angeles This case is ` now on a pea9—fb--Ches-District Court of Appeal after an adverse trial court decision holding that the Los Angeles County Chaster anti-strike`amendment was unconstitutional. The amendment prohibits employees from striking and mandates automatic termination for striking, employees. The trial court ruled that the charter amend- ment was unconstitutional because it was preempted by the Meyers-Milias-Brown Act. Strangely enough, the trial court's judgment was contrary to a . 1983 decision upholding essentially the same charter amendment in San Diego County. b. People.--ex . el. Seal Beach v City of Seal Beach This is a` published District Court of Appeal decision in which the court found that the cityshouldhave "met and conferred" with the police union before putting _a charter amendment on the ballot requiring immediate firing for REPORT OF THE CITY- ATTORNEY No. 26 - Page 2 employees who participate in a strike. This decision is directly contrary to the San Francisco Firgf ahtersy. Hoard of Supervisors case. H A ciates vCity of Chula Vista is case is now on appeal to the United States Court of Appeal for the Ninth Circuit. It involves the question of the authority of a city to enter into an exclusive trash collection franchise without bidding. The trial court reasoned that the Sherman Act was violated in that the two statutes relied on by the city to bring it within the state action exemption did not.. meet the test of spe- cific authorization by the legislature. Note: This decision is directly contrary to City of� Camarillo v. �Spadys Disposal Service, 144 C.A.3d 1027 . Other cases called to our attention by the Legal Advocacy Committee include: d. Cathedral City v County of Riverside This case affects all cities that have been incorporated since the enactment of Proposition 13 . The key issue in the case and its significance for new cities is whether Proposition 13 bars cities created after July 1978 from collecting their share of documentary transfer tax revenues as authorized by Revenue and Taxation Code sec . 19111 (b) e. Fi ucueera" v. PERS, et al.. The plaintiffs in this case seek to include holiday pay, uniform allowances, educational incentive pay, Longevity pay, standby pay, and shift differential pay in retire- ment benefits. �f. In the Matter of the Validity of Resolution 8506 on Ordi- nances 1971 and 1978 of the City of Oxnard Relating to City Taxes This is a validation action by the city to test the validity of its newly-enacted, utility user tax. Oxnard is a general law city. The important issues in the case, which particularly affect general law cities, are whether Government Code sec. 37100 .5 authorizes the imposition of -taxes which traditionally have only been available to charter cities, and whether general law cities may do so without having to comply with the vote requirements of Proposition 13. REPORT OF THE CITY -ATTORNEY No. 26 - Page 3 Pacific West Cable Company v City of Sacramento, et al . This case is a frontal attack in the Federal District Court on the authority of cities to franchise cable tele- vision. Parallel suits have been brought against the cities of Los Angeles, Palo Alto, Menlo Park, and Atherton. . The suit seeks to force the City and County of Sacramento to allow the company to begin . doing business locally without obtaining a franchise. The plaintiff also seeks unspecified damages from the city and county ,for anti-trust violations and for allegedly violating the company' s First and Fourteenth Amendment rights. The plaintiffs also claim they have been denied their First Amendment free speech rights. h. Kessler v City of Piedmont This case is now pending before the District Court of Appeal following a trial court decision granting the plaintiff declaratory relief. The issue in the case is whether the city is responsible for root damage caused by trees growing in a parking strip between the sidewalk and curb on property owned by the plaintiff but in which the city had an easement. The lower court found that the city was liable for the damage, basing the decision on Government Code sec. 835 , which requires that public entities are liable for injury caused by a dangerous con- dition of its property. The failure to prune the trees in question was determined to be the cause of the root damage. i. Atkins, et al . v St Onge This case is now pending in the trial court and concerns the issue of . whether a citizen' s group has the authority to place an advisory question on the ballot by initiative petition. The City of Santa Barbara as plaintiff argues that advisory questions can only be put on the ballot by . council action under Elections Code sec. 5353 . The. advisory question concerned whether the community redevelopment. agency should lease land on a city street for construction of a Bullock ' s department store. j . Patton v. City of Alameda This is a favorable Proposition 13 trial court decision in which the city successfully argued that a charter pro- vision allowing for a property tax override in order to S fund the library system did create an indebtedness within the meaning of Art . XIIIA, sec. 1 (b) . REPORT• OF THE CITY. ATTORNEY No. 26 - Page 4 k . Mitchell v. City and County of San Francisco and Mason v. City and County of San Francisco These two lawsuits were filed in the Federal District Court and have been consolidated. They challenge San Francisco ' s adult theater and bookstore permit licensing scheme. The adult theater and bookstore ordinance con- tains provisions which require a business proprietor to obtain a permit to operate an adult business and which require that permits cannot be issued in certain cases that would not comply with the 1000 foot zoning restriction. 1 . McMahan' s of Santa Monicay City of Santa Monica This recent District Court of Appeal decision upheld a damages award in an inverse condemnation action in favor of the insurer of a merchant whose premises and merchan dise were damaged when a city water main broke. After the water main . broke, the store's insurer settled and sued the city in inverse condemnation. The broken main was very old and badly deteriorated and the evidence showed that Santa Monica' s replacement program would take another 30 years to replace all the water mains in similar condition. 2 . RECENT DECISIONS OF- INTEREST a. Election by Mail Ballot Held Constitutional The California Supreme Court has held that elections con- ducted by mail do not violate the State Constitution' s injunction that all voting shall be secret. (Peterson v. City of San Diego, Cal.Sup.Ct. , Aug. 4 , 1983 . ) b. City Not Empowered to Revoke Its Recognition of Labor Union The California Supreme Court has held that a city could not revoke recognition of a public employees union merely because it encouraged its members to participate in an illegal strike. ( International Brotherhood of Electrical Workers. Local Union 1245 v City of Gridley, Cal .Sup. Ct. , Aug. 1, 1983 . ) (This case is obviously an advance peek as to how the Supreme Court is going to rule on the question of whether cities may prevent public employees from striking. ) REPORT OF THE CITY- ATTORNEY No. 26 - Page 5 c. Automatic Resignation Rule Held Unconstitutional as Applied The C.A. lst has held that Government Code sec. 19503 , the "automatic - resignation" rule, was unconstitutionally applied to deny back pay to a state employee who was re- instated after an unauthorized absence. (Z"ike v. State Personnel Board, C.A. lst, Aug . 10 , 1983 . ) d. . Proposition 13 Did Not Limit pecial Maintenance Levy The C.A. lst has held that a city could establish a main- tenance district to levy a special assessment on the basis of "estimated benefit" to adjacent property owners without offending Art. XIIIA of the California Constitu- tion. (City Council of the City of San Jose v.-South, C.A. lst, Aug. 22, 1983 . ) e. Ordinance--Banning—Sexy Films at Drive-Ins Declared Invalid The C.A. 3rd has declared unconstitutional an San Joaquin County ordinance that prohibited drive-in theaters with screens visible to the passing public from showing films depicting sex acts. The court said that United States Supreme Court decisions have placed close restrictions on injunctions affecting free expression. The challenged ordinance failed to require a showing of obscenity, and therefore violated constitutional safeguards . (People v. Valley Cinemas. Inc. , C.A. 3rd. ) f . County Authorized to Pay Standby Auto Allowance The C.A. 5th has held that a county was authorized by the Government Code to pay a "standby" as well as a mileage allowance to employees who use their own cars on county business . . (Citizen Advocates , Inc v Board of Super- . visors, C.A. 5th, Aug . 17 , 1983 . ) g. "Leapfrog" Development Was Not Entitled to Sewer The C.A. lst has held that a city was not required to connect its existing sewer trunk line to a "leapfrog" housing development beyond the city' s boundaries. (Date- line Builders, Inc . v City of Santa Rosa, C.A. lst, Aug . 25 , 1983 . ) REPORT OF THE CITY. ATTORNEY No. 26 - Page 6 /h. it alar Deliberations-(Must Be Conducted in Public �/ N The C.A. 4th has he1�7� that, city councils must conduct their deliberationspn salary adjustments for non-elected officials in publ sessions. The court recognized that the council mi - conduct * evaluations of individual employees in '` ecutive session, but saw a distinction with respect o salary determination. The court said that it was Viffi.cult to imagine a more critical time for public scrutiny of government than when it is engaged in determining how it shall spend public funds . (San Diego Union v.--City Council , C.A. 4th, Sep. 7, 1983 . ) i. -Improvement District ' s Water Rate Increase OK ' d The C.A. 2nd has upheld denial of a preliminary injunc- tion against an increase in water rates enacted by the Solvang Municipal Improvement District. (Condit v . �olvana Municipal Improvement District, C.A. 2nd, Sep. .8 , 1983 . ) j . Local Initiative Limiting Taxes Nullified The C.A. 1st has struck down' a county initiative measure that placed stringent limits on the power of the board of supervisors to levy or increase taxes, fees , or assessments . The court cited City of Atascaderoy. Daly, 135 C.A.3d 466 (1982) , as being determinative of the issue. It said that in that case the court struck down an unlawful attempt to, impair essential governmental functions through interference with the administration of the city's fiscal powers. (Community Health Association y.Board of Supervisors , C.A. lst, Sep. 8, 1983 . ) k. Private Condemnation Upheld as Constitutional The C..A. 2nd has upheld the constitutionality of the most recent eminent domain law which allows private condemna- tion for the limited purpose of acquiring appurtenant easements to provide utility service. (L & M Prof Qs- sional Consultants . Inc v Ferreira, C.A. 4th, Sep. 13 , 1983 . ) 1 . Rent Control Preempted as to Health Care Facility, The C.A. 2nd has held that the Santa Monica rent control laws are preempted by state law as they apply to state- licensed community care facilities. (Ocean House Corp. y . Permanent Rent Control Board of the City of Santa Monica, C.A. 2nd, Sep. 26, 1983 . ) s REPORT OF THE CITY ATTORNEY No. 26 Page 7 m. Denial of Street Vacation Petition Held Unconstitutional The U.S.C.A. 9th has held that denial of a street vaca- tion petition was a taking without just compensation and violated equal protection and procedural due process rights. (Parks v. Watson, U.S.C.A. 9th, Sep. 22, 1983. ) n. Managerial Employees Retain Exemption for Strike Overtime The C.A. 2nd has held that high-salaried, county manage- rial employees retain their exempt status during a strike when they perform non-exempt work . The court also upheld the rule that public employees are denied the right to strike and would be subject to tort actions for damages. (County Sanitation District v Los Angeles County Employees Assn., C.A. 2nd, Oct. 12, 1983. ) o. Rent Control Board Told to Halt Hearings on Violations A Los Angeles Superior Court judge has ordered Santa Monica's rent control board to stop processing and con- ducting hearings on allegations of excessive rent and other violations of the city's tough rent control law. The court said the rent control board as a local agency simply does not have jurisdiction to award damages between private parties--that right, said the judge, belongs solely to the courts. (McHugh v. Rent Control Board, Sep. 26, 1983. ) 3 . PENDING LITIGATION a. Larriso v. City of Atascadero Petitioners' third amended petition for writ of mandate filed by nine police officers to obtain merit increases in their salaries since completion of their probationary periods was successfully demurred by the City for the fourth time at a hearing on October 27, 1983. Peti- tioners were given twenty (20) days leave to amend their petition. Petitioners have since been granted an ex- tention to amend their petition to December 12, 1983. ✓b. Gearhart v City of Atascadero Petitioner Gearhart's third amended petition to force the City to grant him a permit to collect solid waste was heard on November 10, 1983. The City's third demurrer to this action was successful, and petitioner was given thirty (30) days leave within which to amend his petition if he should desire to do so. Petitioner has since been REPORT OF THE CITY ATTORNEY No. 26 - Page 8 given an extension of time to file a fourth amended petition to and including December 19, 1983 . c. Halliday v. City of Atascadero This is a complaint filed by plaintiffs Edward and Maxine Halliday in the San Luis Obispo County Superior Court on October 28, 1983, for property damage, personal injury, and general and punitive damages, including emotional pain and suffering and loss of use of property. The first cause of action is based on violation of civil rights (42 U.S.C. sec. 1983) . The second cause of action is based on. conspiracy to violate civil rights. The third cause of action is based on denial of equal protection (42 U.S.C. sec. 1985 (c) ) . The fourth cause of action is based on violation of 42 U.S.C. sec. 1986. The fifth cause of action is based on alleged interference with prospective advantage. The sixth cause of action is based on violation of civil rights (Cal. Civil Code sec. 1708) . The seventh cause of action is based on alleged intentional infliction of emotional distress. The eighth cause of action of based on negligent infliction of emo- tional distress. The ninth cause of action is based on general negligence. In summary, the plaintiffs seek punitive damages in the sum of $1,000,000, general damages in the sum of $250,000, and compensatory damages in the amount of $125,000, plus other damages as alleged. The City and its individual defendants are being repre- sented the legal firm of Borton, Petrini & Conron of San Luis bispo. OAEN ctfully sub 'tted, t R MES City Attorney AG:fr *AFETI AGENDA M E M 0 R A N D U ,M TO: CITY COUNCIL December 2, 1983 FROM: PLANNING DIRECTOR SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 3--83 APPLICANT: Initiated by City Council REQUEST: To consider additional regulations for game arcades and coin-operated game machines. On November 7 and 21, 1983, the Planning Commission'�candue„ted public hearings on the subject matterunanimou�T:y"^a�ro-ving as proposed zon �'�ce amendment as set forth in the attac`Hied Staff Memorandum dated November 211,-�19$ . A Staff Report dated,'November 7, 1983 dis- cussing issues related to 'arcades is also attached.. The Planning Commission recommendation would add to the ordinance a definition for an arcade, would delete "amusement services" as a Cone- --1 ditional Use in the CP Zone and would add "amusement services" as a conditional use in the CPK Zone. It should benotedthat "amusement services" (which includes game arcades) is a conditional use in most commercial zones. The Commission discussed the following matters related to this request - how to define an arcade - the necessity for additional standards - where arcades should be allowed - other issues raised in the Staff Report of November 7 The following persons also appeared and commented on the matter - Tom Crichton, operator of a Paso Robles game arcade, supporting reasonable controls - Dale Gustint, Paso Robles resident, noted commendable aspects of Mr. Crichton' s "arcade It would be appropriate for Council to direct Staff to prepare an ordinance for first reading if the recommended (or other) changes are deemed necessary. LAWRENCE STEVENS NuRrJAY L. WARDEN Planning Director' CitJ Man ger • Ps M E M O R A N D U M TO: PLANNING COMMISSION November 21, 1983 FROM: PLANNING DIRECTOR SUBJECT: ZONINGG ORDINANCE TEXT AMENDMENT 3-83 APPLICANT: Initiated by City Council REQUEST: To consider additional regulations for game arcades and coin-operated game machines. BACKGROUND Past Actions: At its meeting of November 7 , 1983 , the Planning Com- mission held a public hearing to discuss possible additional regula- tions for game arcades and coin-operated game machines. After review- ing Staff' s report and discussion, the Commission determined that a need for additional regulations for game arcades seems to be minimal noting that, in most locations where an arcade may locate, a Condi- S ,tional Use Permit would be required. The Commission did express some concern for specific overall requirements dealing with required super- vision and the need for bike racks. At the end of the hearing, the Commission directed Staff to prepare a draft ordinance for review at a continued public hearing on November 21, 1983. STAFF COMMENTS AND ANALYSIS As stated in the attached previous staff report, the present zoning ordinance has no definition of what constitutes a game arcade. At the present time, an interpretation is made, on a case by case basis, by the Planning Director based on the total number of machines, percent of floor area devoted to coin-operated games and advertising for the use. Two possible methods are available to define an arcade, one using a total number of machines or a standard based on square feet devoted to the use. It is possible also to combine the two types of standards. In using a specific number of machines, most cities have used numbers ranging from 4 to 7 . The City presently has several locations that have any number of machines and a survey of most showed the following number of machines: Re: Zoning Ordinance Text Amendment 3-83 Star Station 101. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 The Bowling Alley. . . . . . . . . . . . . . . . . . . . . . . . .7 Cheap Thrills.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Sunshine Donuts. . . . . . . . . . . . . . . . . ... . . . . . . . . .5 Plaza Twin Cinema. . . . . . . . . . . . . . . . . . . . . . . .4 Round Table Pizza. . . . . . . . . . . . . . . . . . . . . . . . . . . .4 The Alibi (Rio Cantina) . . . . . . . . . . . . . . . . . . . . . . .4 + 3 pool tables Coronet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 + 2 childrens rides Circle K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Safeway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 It should be noted that if a revision is made to the ordinance, the sites that are functioning will need no retroactive approval. An approval would only be required if an additional number of machines are added to a specific site. As previously noted, the present zoning ordinance allows amusement services as a conditional use within the CP, CR, CS and LS zones. In these cases, reasonable standards and conditions can be imposed with the use permit to assure compatibility. Within the CT and L Zones, amusement services are listed as an allowable use. It should be noted that special development standards could not be applied to the estab- lishment of the use in the CT and L Zones unless specific standards are placed in the ordinance. Amusement services as noted earlier are listed in four commercial zones out of the total six. The zones designated are those zones having the heavier type commercial uses that will provide both clien- tele and a potential buffer from uses that might be impacted by the establishment of amusement services. Of note is the fact that the CP zoning district allows for the use as a conditional use. The location and the purpose of the CP zone would tend possibly not to provide a good location for such uses. On the other hand, the CPK zone provides for the large lots needed for some of the other uses listed as amuse- ment services (bowling alleys, ice .skating and roller skating rinks) . Additionally, other uses listed in the CPK zone would be similar to amusement services (public assembly and entertainment) ., f INDINGS 1. The existing zoning ordinance contains adequate provisions for the regulation of the game arcades through the Conditional Use Permit process. The ordinance does .lack an adequate definition for what constitutes a game arcade. 2. Game arcades as a specific use tend to create potential problems that could interfere with the surrounding uses if established without proper review and conditions to mitigate such perceived problems. 2 0 0 Re: Zoning Ordinance Text Amendment 3-83 3. Approval of this project is consistent with Section 65854-65855 of the Government Code and Section 9-1.115 of the Zoning Regula- tions of the City of Atascadero. 4. This project is exempt from the provisions of the California Environmental Quality Act (CEQA) . RECOMMENDATION Based on the above Findings, the Planning Department recommends: 1. That Section 9-9 .102 of the zonin rdinance text be modified to i s r p a e , n ra a initon of an le�arcade: -' ,Arcade: Any site or business providing in part or as a whole, Van amusement service consisting of coin-operated games or devices, where more than five coin-operated games or devices are present or where more than 25% of the public area is used for the placement or operation of such games or devices. 2. That Section 9-x3.213 (Conditional Uses) of the CP Zoning District -Me"'—revised to eliminate Subsection (d) ,Amus'ement Services. 3. That Section 9-3.253 (Conditional Uses) of the CPK Zone be modi- fied to add Subsection (s) entitled Amusement -Services. ------------------ ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: JOEL MOSES Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 0 0 0 • 3 o���, CITY OF ATASCADERO ° 1979 q r �' 19 18 Planning Department NovembP 7, 1983 a \ `r ��U/� STAFF REPORT i SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 3-83 .- APPLICANT: Initiated by City Council REQUEST: To consider additional regulations for game arcades and coin-operated game machines. BACKGROUND 1. Past Actions: Atascadero, like other cities, has experienced an influx of coin-operated video games. With this influx several questions have been raised concerning problems that occur when numbers of these machines are congregated within an existing bus- iness or when an arcade business (with the sole purpose of pro- viding these or like amusements) is established. Over the past few years the City has had experience with several game arcades in three locations. The first arcade was established illegally at the south -end of the Adobe Plaza. After some discus- sion with the operators and complaints from adjacent merchants, the operation was closed. The City' s second experience with a game arcade was the establishment of Star Station 101 at the north end of the Adobe Plaza. The use was established through the De- partmental Review process. On a determination by the Planning Director, a public hearing was held to approve the Departmental Review due to potential impacts of the use on adjacent properties. After an appeal by other tenants in the center to City Council, the arcade use was conditionally approved. Subseqently, the ar- cade' s approval was reviewed and some conditions were modified. Due to problems and conflicts with adjacent tenants, the arcade sought to relocate itself first to a location directly across on El Camino Real and then to its present location on E1 Camino Real north of Entrada. In the first attempt to relocate, a Departmen- tal Review was conditionally approved, but the owner of the arcade eventually chose not to relocate to that site. The second site was approved through a business license approval with no condi- tions except those stated in the zoning ordinance (parking, sign- ing and building codes) . Other places of business within the City do provide coin-operated game machines but as an accessory ue to their normal operations as retail stores or restaurants. On April 25, 1983, the City Council adopted an urgency ordinance establishing a moratorium on the establishment of new arcades and Zoning Ordinance Te*Amendment 3-83 • the use of new coin-operated game machines> within other busi- nesses. This action was in response to concerns expressed by sev- eral citizens about the lack of-standards to control the operation of a game arcade and their adverse effect on adjacent businesses. This moratorium expired but not until the new zoning regulations (Title 9) took effect. 2. Existing Regulations The new zoning regulations provides that game arcades, which are defined as "Amusement Services" would be required to obtain a Conditional Use Permit if located within the CP (Commercial Professional) , CR (Commercial Retail) , CS (Commer- cial Service) , and the L (Recreation) Zone Districts with the issuance of a Plot Plan approval (business- license_) or a precise plan (if a new building) . Specified development standards will be required to be met in the establishment of any new arcade: Parking - 1 stall per 100 square feet Noise standards decibels as set within three ranges de- pending on zone designation. Under provsions of the current business license ordinance, any arcade business license would require a background checkand ap- proval by the Police Chief. This would allow the City to deny the establishment of a game ar- cade in those zones where a conditional use permit is required provided that findings are made as to the compatability of the ar- cade with a specific site. The possibility does exist that an arcade can be established in the CT (Commercial Tourist) or LS (Special Recreational) Zone district without any discretionary review or notice. Furthermore, there is no regulation of arcade machines when established as an accessory use in an existing business. STAFF COMMENTS AND ANALYSIS In considering the potential for further regulation of coin-operated machines and game arcades, the Staff would point out two items of note. One, the proliferation of coin-operated machines (video games) like trampoline centers, go-kart tracks, miniature golf courses, water slides and other fad-oriented amusements, will ultimately reduce in numbers and problems as the fad declines. With the reduced cost of home video sets and the lack of novelty, the commercial game arcades should decline in numbers. The second item to note is that the per- ceived problems associated with game arcades are mostly social prob- lems that land use planning has little direct impact on. The public perceives problems of loitering,. vandalism, school truancy and a po- tential for drug trafficking associated with game arcades. Undoubted- ly, these things can occur, but they can also occur in and around other "hang-outs. This is not to say that uses that cause problems should be banned or over-regulated, but that the problems of people 2 Zoning Ordinance T* Amendment 3-83 gathering together will always be someplace and these problems would not be' necessarily be solved by land use regulations. The concerns associated witharcades that can be addressed through le land use regulation would be definition of an. arcade, noise hours of operation, age of patrons, signing and required supervision. - Since the City presently allows for game arcades, it is assumed that, the City will not eliminate the use of coin-operated machines and arcades but will allow them within the City in some form. Defining the Arcade Use: The present Zoning Ordinance has no- definition of an arcade. The Staff looks at the use as a whole first. Is the entire site used for coin-operated machines? If yes, it is an arcade and is subject to the applicable regulations. If only a portion of the site is used, an assessment is made based on percentage of floor area used, exterior signing and related features to determine if the arcade is a principal use (subject to the regulations) or an accessory use (not subject to the regulations) . But the zoning regulations do not include a defini- tion based on number of games, percentage of the site used, or similar objective criteria. . The simplest method of defining what an arcade is would be to estab- lish a simple numerical limit of five or ten machines on any one site. A standard could also be set on a floor area basis using a specific square footage or a percentage -of the total floor area. Some area standards would be set figuring 25% or -50% of a public area -used with- in a business for coin-operated machines in order to constitute anl arcade. Some combination of the two standards could be used to estab- lish a definition to cover both large and small sites. Location: Under the present zoning ordinance, the location of a game arcade is regulated in most zones by a Conditional Use Permit. Some jurisdic- tions have used a distance requirement from specific zone boundaries (i.e. single family zones) or institutions (i.e. schools) , such as 500 feet from any residential district, 200 feet from a school or 200 feet from any residence. The use of such a standard may have a good effect on the buffering of uses, but do not necessarily buffer it from other commercial_uses adjoining an arcade. The use of such distance factors may also compound the problem of finding an approvable site. In addition, courts have shown on increasing trend in favor of requir- ing substantive justification for distance separation and spacing standards. Noise: The present zoning ordinance has set standards for noise levels at the property line per Section 9-4.163. If additional noise levels are deemed appropriate, one of two courses could be taken. The first is to change the general noise levels allowed in commercial zones to be more restrictive while the second is to set specific standards just for arcades. Due to the newness of the noise standards and lack of 3 Zoning Ordinance Te*Amendment 3-03 commercial noise complaints, an overall change in allowable noise lev- els allowed in commercial areas would seem premature. As to a spec- ific noise levelforarcades, one could be established and added spec- ifically, but then it would seem appropriate to consider specific standards for a number of other uses, more particularly for bars, nightclubs and other places--of entertainment. Hours of Operation: The regulation of the hours of operation are usually directed at the control of the younger clientele of an arcade due to the perception that an arcade causes truancy by operating during school hours and by providing a late school night hang-out. Unfortunately, it is somewhat difficult to blame truancy on a place of business. A review of Star Station 101' s operation, a year ago, determined its operation had little effect on truancy. If hours are limited solely on the concept of avoiding problems with school age children, the question arises about the use of the arcade on off hours by clientele that are not affected by truancy laws. If an arcade is located in a center, it may be advisable to limit hours so that they are compatible with those of other businesses. This may enhance their perception of better secur- ity and less vandalism. Age of Patrons: Some communities have established ordinances that would limit the age of persons using game arcades. Again, the overall objectives are to reduce the impacts of an arcade' s younger clientele. Several problems arise in such a discussion. Signing: The present zoning ordinance regulates the amount and location of signing allowed on any one site and no further requirements seem nec- essary. Provisions could be made as in other communities, for posting of rules or regulations governing the operation of a business. Required Supervisions: Previous approvals and other communities have required supervision by an adult (over 21 years of age) . The requirement is intended to place someone in charge who can be responsible for the actions of the cli- entele. The provision definitely has a positive effect on some of the problems associated with arcades. Certainly the degree of responsi- bility exercised can vary considerably and the operator usually lacks the authority to effectively control areas outside the business - which can be a major problem source. Concluding Remarks: For your information, Planning Advisory Service (PAS) Report No. 370 entitled "Regulating Videogames" is attached to this report. Also available in the Planning Department are sample ordinances adopted by other cities on this issue. 4 Zoning Ordinance Tem Amendment 3-83 RECOMMENDATION After considering comments from the public and the Planning Commis- sion, Staff recommends that the hearing be continued to November 21 (or December 5) for presentation of a specific recommendation. ACTION Motion to continue hearing to a date specific. yjk19A==-- REPORT PREPARED BY: fs Eq-MOaES sgciate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 5 MEETING AGENDA • ORDINANCE NO. 74 AN ORDINANCE OF THE CITY OF ATASCADERO PRECLUDING THE DEVELOPMENT OF SECOND OR COMPANION RESIDENTIAL UNITS WITHIN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS WHEREAS, Section 65852. 2 of the Government Code of the State of California provides a basis for cities to either elect to approve sec- and or companion residential units within the existing single family residential zoning districts as one means of increasing utilization of housing resources, or adopt an ordinance precluding such units based on specific findings that preclusion of such units might have a, lim- iting- effect on regional housing opportunities and that inclusion of such units would havespecificadverse impacts on the public' s health, safety and welfare; and, WHEREAS, the City of Atascadero has an adopted Housing Assistance Plan that provides an outline for - providing housing to the low and moderate income families of the City and Region and said Plan makes no provisions for second or companion units; and, WHEREAS, Title 9 (Zoning Regulations) of the Atascadero Municipal Code provides for a density bonus through a Conditional Use Permit process for multi-family projects for up to and exceeding 25% of the normal density allowed if units are provided for the targeted 'income group; and, WHEREAS, the City of Atascadero has approximately 5,300 acres of vacant residentially zoned hand that is already fully subdivided that could be 'developed into more than 12,000 new single and multiple fam- ily residential units in< addition to underdeveloped multi--family lots and, WHEREAS, the Atascadero General Plan and Zoning Regulations provide for single family residential areas that encourage single fam- ily residential development on large lots in keeping with the City' s fully subdivided state, street pattern and the desired rural atmos- phere of the community ; and, WHEREAS, the Zoning Regulations provide for guesthouses as ac- cessory-uses within all single; family residential zoning districts. NOW, . THEREFORE, the City Council of the City of Atascadero does hereby make the following findings: 1. The adoption of this Ordinance, pursuant to Government Code Section 658522 (:) , precluding second or companion units wit- hin single family residential zoning districts may limit re- gional housing opportunities. Ordinance No. 74 2. This limitation on regional housing opportunities is justifi- ed ustifi ed by foreseeable adverse effects on the public health, safe- ty and ,welfare due to the City' s narrow streets, street pat- tern, poor septic suitability and the overall rural atmos- phere of the community. 3. This limitation on regional housing opportunities is to some extent mitigated by the City's commitment to affordable hous- ing in the last three years as exemplified by its approval; of 85. units of rental-assisted housing and 10 units subsidized to facilitate "first-time home buyers". 4. Title 9 (Zoning Regulations), provides for adequate housing incentives in the form of density bonuses and guesthouse pro- visions to provide for the housing needs of the community and the region. 5. The significant amount of vacant land within the City avail- able for residential development can assist in providing .for housing needs of the community and the region. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero does hereby adopt this 'ordinance precluding the develop- of second or companion residential units within single family residential. zoning districts. Section 4. 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 this City and shall cause a copy of this ordinance to be sent to the California De- partment of Housing and Community Development within 60 days of its adoption. Section 5. 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. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: MARJORIE MACKEY, Mayor . 2 The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT MARJORIE MACKEY, Mayor ATTEST: BARBARA NORRI , City Clerk APPR V D AS T FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager .— 3 MEETING' `{L AGENDA a r T7 ITEM • M E M O R A N D U M TO: Murray 5 Gv✓I V " FROM: Larry McPherson SUBJECT: Phase II - Administration Building Renovation DATE: December 5, 1983 This report is directed towardclarification of the items that are included in the budgeted account for the Phase II Administration Building Renovation project. The following items are listed in the F.Y. 1983-84 Budget: 1) Heating & Piping $140,000 This work includes removing all existing steam piping and radiators on all building floors and converting to a hot water heating system with individual temperature control zones. This requires placing new circula- tion ,piping and pumps from the basement` mechanical room to all four floors through the existing plumbing chases. Once the new piping is in plane, fire stops will he installed in the pipe chases at each floor. ` 2) Zone Air Conditioning $22,000 The use of small remote compressors and fan coils in certain rooms of the first two floors is designed to limit heat transfer within the building. The rooms on the sunny side of the building would be air con- ditioned while the balance of the building would remain as is. This recommendation by the Mechanical Engineer provides the very minimum comfort conditioning by use of the building mass to retain the cool air during the summer. 3) Electrical $22,000 This item is for modification of the lighting and convenienceoutlets in the areas to be renovated Also included are necessary added circuits to the heating system controls. 4) Plumbing $15,000 S 3 Renovation of the two restrooms on the third floor constitute a major 9 portion of this item. This ,will include replacing the supply plumbing and new fixtures. 5) Structural $43,000 • The attached diagrams show locations on the first two floors that would receive structural modifications. Phase II page two First Floor - The_ office presently occupied by Planning and Building staff s to be converted to an office for Recreation. A partition wall and counter comprise the renovation in this room. Across the ha.11, the present public counter will become the City clerk's office and will also contain the Information, PBX, and Collections functions. Second Floor The five offices in the West Mall wing are to be re- novated to house the Police staff use. This will double the floor space available for the operations function. Should this_ use be 'vacated by the Police in the future, these offices could revert back to general business offices. Renovation of the West Mall Wing will displace Engineering,' Recreation, City Clerk and Building Plan Check. The Palma Avenue wing will contain the Planning, Building, and Engineering counter as well as offices for those functions adjacent to the counter. This will require the construction of an open mezzanine above the main entry foyer. The mezzanine will be supported ,by parallel walls to the first floor that could be removed, if, at some time in the future, it is decided to remove the mezzanine'. This construction method allows the added floor space at a minimum cost. It is my recommendation the Council authorize the completePro' budgeted intrder that a a anc- space s available to all City functions. e seconoor renov ion will relieve a critical shortage of office areas for both the Police and Rianning Departments. This will also eliminate some of the noise and confusion that exists at the present public counter, where • all public contact is conducted. Separating the technical and non-technical public functions will add greatly to the level of service. _AWRENCE McPHERSON LM:vh att. DEPARTMENT OF PUBLIC WORKS urne�� � Y iAn� p8lFS �: g k 1; 197 �A ' P A VE 4 'PDX ReCreattor11 Collections City Clerk 4 6TA IR N,. Childrens i Adul+ F c Library f Librar �. Police Police Dispatch Chief hf REVISIONS Date 1 ST FLOOR DRAWN: CHECKED= APPROVED DATE= . � _ . QTY OF A"i .. VCE R 0 DEPARTMENT OF PUBLIC WORKS - � A A 'fit _. .- r. EngOld PJn . 5ta-ff staff Pub!1c 5ta� Counter i _ Finance !' police i � pperatio Personnel.,f Manager Planning Public Diredor Works D ire dor REVISIONS Date 2 ND FLoor DRAWN: CHECKED: APPROVED: DATE: M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Request by Dale Perkins - New Library DATE: December 2, 1983 I have had a chance to review both Mr. Polin's offer of a library site to the City and Mr. Perkin's request of the City Council to participate in the cost of constructing a new library on the Morro Road site. It is my opinion and recommendation that Council decline the offer of Mr. Polin and the County Library Director. This recommendation is based on the following considerations: 1) Although there would be little or no cost in the Cities' acceptance of the gift offer of property for a library by Mr. Polin, acceptance of the property would appear to con- stitute a long term committment by the City to see a library constructed on that site. 2) I estimate the cost of a library of the size mentioned by Mr. Perkins at between $750,000 and $900,000. Under current County policy, the City would be obligated to pay half the cost of the facility. Taking credit for the value of the property would still require an investment of $300,000 to $375,000 by the City. 3) The location of the parcel is at a high traffic volume location near the intersection of Morro Road and Atascadero Avenue. This location has one of the highest accident occurrance rates in the City and we should not introduce a use in this area that encourages small children and bicycle traffic that are typical of a regional library. 4) The Morro Road location is not adjacent to area schools, making it less convenient to non-adult use. 5) The irregular shape of the parcel would introduce site develop- ment problems and may preclude use of lower cost modular con- struction. 6) Since the property cost is less than 10% of the overall cost of the project, selection of a more suitable site would not appreciably raise the total project cost. 7) The condition of development on either side of the Morro Road property is not conducive to development of a library at this location and certainly degrades the value of the site. New Library page two 8) Morro Road and Atascadero Avenue do not have sidewalks to encourage safe pedestrian traffic to this location. 9) Acceptance of Mr. Polin's property would remove a prospective commercial development from the tax rolls. 10) The City has authorized $35,000 plus engineer's study costs to enable use of the fourth floor as an integrated library. The ability of this City to find adequate funds to participate in building a new library along with other projects Council has identified is questionable at best. Our recent work on the 5-Year CIP shows no promise of construction funds for the library in the next 5 to 10 years, therefore, it doesn't make sense to make any kind of committment for participation to Mr. Perkins at this time. If the Council finds the wish to an interest in constructing y pursue g a new library, then it would be my recommendation to examine more suitable sites, such as the property on East Mall, across from the Administration Building. The higher cost of obtaining property would, more than likely, be offset by lower development costs, and the site would present far fewer problems than that on Morro Road. 7RENCE McPHERSON LM:vh !v � 0 MEET Era AGENDA D4T7_! _(�_q_ITEM - M-E M-O-R' A-N-D-U M- TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: Library Land Donation by Mr. Polin DATE December 7, 1983 Attached is the material you requested for analysis of the library site donation offered by Mr. Polin. In general, I agree with Mr. McPherson' s analysis, except I believe that you could accept the dedication while clearly indicating that you are not committed to participate in the costs of a library beyond whatever credit accrues from the Polin property. By doing this, your options will be: open: until :the issues raised by Mr. McPherson can be adequately explored and answers provided. I do not agree with Mr. McPherson's Paragraph 1, that the City is necessarily committed to its participation, financially, although you may wish to do so. The only County provision, insofar as sharing half the costs of a library are concerned, is that the community, at large, participate. This could be all by private donations or all by City Councilparticipation, or a combination. I agree with Mr. McPherson's analysis as to the cost of the library, based upon the letter which you received from Mr. Per- kins, dated November 18, 1983. The remainder of the paragraphs, specifically 3, 4, 5, 7, 8, and 9, are observations with which` one may or .may not agree, but which offer concerns which need to be further addressed. With regard to Paragraph 6, the question arises as to the City' s ability or willingness to fund the purchase of another . more suitable site, 'wherever that may be. I agree, that out of a total cost of somewhere between $750,000 to $900, 000, that site acquisition is not the most controlling factor. With regard to Paragraph 10 , it should be noted that your authorization to spend $35,000, is not just to enable use of the fourth floor as an integrated library. Although, it does make the space suitable by strengthing the pounds per square foot stress factors to meet library storage standards, thereby -allow- ing it's use should that decision be. reached. Certainly, the use of the fourth floor is less expensive than the other alter- natives, and still accomodates both library and City space needs. I would again emphasize, however, that acceptance of the Polin donation does not necessarily negate our ability to proceed with alternatives since, if the Polin site is later determined to be unsuitable, the property would revert to the Stanford Trust. MEMORANDUM Library Land Donation by Mr. Polin Mr. McPherson' s observation about our ability to find adequate funds to participate in building a new library is one which bears very close and careful consideration. I concur completely with his analysis, considering revenue and expenditure constraints, and wish-to emphasize in the strongest possible terms "that com- miting the City to a: building program pursuant to Mr. Perkin's desires, or others, simply cannot be done unless the City Council is willing to make an entirely different commitment of capital expenditures. We simply do not have the resources to provide all the projects which have been identified as ,being desired. Insofar as Mr. McPherson's concluding paragraph is concerned, I don't believe that acceptance of the Polin property in any way precludes the City from pursuing other alternatives. Mr. Polin' s r donation i dictated P at least in part, by considerations bf tax year timing and, therefore, his desire to have the escrow close prior to the end of this calendar year is understandable. I believe that we could go ahead and accept his offer, couching that acceptance inthe 'necessary reservations to avoid any ap- pearance of ppearance° of commitment, and the sametimepreserving our options for development of that property should it appear feasible. Accordingly, I do not share with Mr. McPherson' s recommendation that, we do not accept the property offer at this time. M%RAY7. 'OWARDEN MLW:ph 1 { f �t RESOLUTION NO. 54-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE ALL DOCUMENTS OF CONVEYANCE OF AN INTEREST IN REAL PROPERTY FROM MARTIN AND SUSAN POLIN FOR PUBLIC LIBRARY PURPOSES AND AUTHORIZING THE CITY MANAGER TO RECORD THE DEED OF CONVEYANCE FROM MARTIN AND SUSAN POLIN TO THE CITY OF ATASCADERO. WHEREAS, Martin and Susan Polin desire to convey to the City of Atascadero, by Grant Deed, an interest in real property for a library site; and WHEREAS, said conveyance shall be subject to the provision that should the property not be used for public library purposes, it would become the property of the Leland Stanford Junior University; and WHEREAS, it is in the interest of the City of Atascadero to accept the offered property for use as a library site; NOW THEREFORE BE IT RESOLVED, the Council of the City of Atascadero does hereby: Section 1: The Council authorizes the City Manager to execute all escrow documents to effect the transfer of the property offered to the City by Martin and Susan Polin, more particularly described as follows: Assessors' Parcel 30-282-27-000; being a portion of Lot 4 Block WA and a portion of Lot 2, Block WA. Section 2: That said real property shall be used as a public site, and if said use ever terminates, then the ownership of said property shall be transferred to the Leland Stanford Junior University. Section 3: The City Manager is authorized to execute and record all documents of title transfer for said property. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST BARBARA NORRIS, City Clerk APPROVED AS TO FORM: APPROVED AT TO CONTENT: ALLEN GRIMES, City Attorney MURRAY L. WARDEN, City Manager E AGENDA . • M E M O R A N,D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: Consideration of Bid to Construct Drainage Structures (Agenda Item D-2) ' DATE: December 8, 1983 Due to the fact that bids for construction of drainage structures will not be received until Friday, December 9,- 1983, the Public Works Director will give a verbal report to the City Council regarding this item. • URRA WARDEN u MW ph • t �t Ng C-h r�� �"� •DATE AGENDA M E M O R A N D U M 4 VS/� TO: CITY MANAGER FROM: FINANCE DIRECTOR SUBJECT: Request for Transfer From Contingency Reserve I have reviewed the attached' request for additional funds submitted by the Fire Chief and concur with his recommendations. It is suggested that Council authorize the transfer of $19,578.63 from contingency reserve to Accounts #2140 ($3888.60) , #2631 ($2259.79) and ;#2632 ($13,430.24) . Ralph H. Dowell, Jr. Finance Director d, RHD:gl M E M O R,A N D U M DATE: November 30 , 1983 TO: Ralph Dowell, Finance Director FROM: Mike Hicks, Fire Chief SUBJECT: BUDGET OVERDRAFTS 1983-1984 Due to the i Inexpected severity of_ the past wildland fire season, along with t� 'heMM—there were approximately 50 arson related wildland fires during that time, the projected suppression costs in accounts #2140 (Rental of Special Equipment) , #2631 (Fireline Meals) , and #2632 (Air Support on the Fireline) , were too conservative. Account Budgeted Expended Overdraft 2140 $ 500 .00 $ 3,888.60 $ 3 ,388.60 2631 500.00 2 ,259.79 1,759.79 2632 3,000 .00 13,430 .24 10,430 .24 1 3 $4 ,000.00 1 5 578 .6 578.63 It is my recommendation that $15 ,578 .69 be transferred from contin- gency reserves into accounts #2140 ($3,388 .60) , #2631 ($1 ,759 .79) , and #2632 ($10,430 .24) . This would cover the overdrawn accounts. I also recommend transfer of additional funds into these accounts due to the fact then fiY,Q-meson wz start under the present 1 - get. Suggested amounts for transfer in preparation for next fire season i-T #2140 (Rental) $ 500 .00 #2631 (Meals) $ 500.00 #2632 (Air Support) $3,000 .00, $4 ,000 .00 Mike Hicks MH:pg M77 T FNG AGENDA " . ITEM� • M_E M�O R_A_N_D_U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: Request for Defense in the Case of Halliday vs. City of Atascadero, eta.l DATE: December `7, 1983 Attached are three (3) Tetters from Murray Warden, City Manager, Lawrence Stevens, Planning Director, and O. D. Smith, Chief Building Inspector, asking that the City defend them in the matter of Halliday vs. the City of Atascadero, etal. This is a procedural request formalizing the statutory pro- visions by which cities provide legal defense for employees involved in lawsuits arising frqU their employment. Your approval is recommended. RRAY . WARDEN MLW:ph ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 , POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 _ PHONE: (805).466-5678 CITY COUNCIL CITYCLERK - POLICE C=PARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY'2. 1979 ATASCADERO,CALIFORNIA FINANCE DEPARTMENT PHONE:.(805) 466-8600 PERSONNEL DEPARTMENT rPLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422 PHONE: (805) 466-2141 November 14 , 1983 City Council City of Atascadero P. 0. Box 747 Atascadero, California 93423 Gentlemen: This is to advise you that in addition to the City, Ihave been named as an individual with a Summons and Complaint in the matter of Edward Halliday and Maxine Halliday vs. the City of Atasca- dero, et al. By this letter, I am requesting that the City of Atascadero de- fend me in this matter. Sincerely, ` MUidw L WARDEN City Manager MLW:ad j NOV 2 11983 November 18, 1983 City Council City of Atascadero P. O. Box 747 Atascadero, California 93423 Gentlemen: This is to advise you that in addition to the City, I have been named as an individual with a Summons and Complaint in the matter of Edward Halliday and Maxine Halliday vs. the City of Atasca- dero, et al. By this letter, I am requesting that the City of Atascadero de- fend me in this matter. Sincerely LAWRENCE STEVENS Planning Director MLW:ad CC 1l- as-g 3 November 18, 1983 City Council City of Atascadero P. O. Box 747 Atascadero, California 93423 Gentlemen: This is to advise you that in addition to the City, I have been named as an individual with a Summons and Complaint in the matter of Edward Halliday and Maxine Halliday vs. the City of Atasca dero, et al. By this letter, I am requesting that the City of Atascadero de- fend me in this matter. Sincerely, r O. D. SMITH Chief Building Inspector MLW:ad C MEET6 AGENDA DATEITEM M E M 0 R A N U M i , - -� T0: CITY MANAGER FROM: FINANCE DIRECTOR '7 SUBJECT: Amendment to the Bradley-Burns Uniform Local Sales and Use Tax Law, Ordinance No. 3. Legislation has been passed which requires the amendment of both our __rdinance < o. e r i ce mpos a e and Use Tax to^"5Z"Afitinifered by the State Board of Equalization and Pro- viding Penalties for Violations, adopted on July 9, 1979, and Section 3-4.2-0 of the uni This ordinance amen men must be - neo is a nuary1984. Tie purpose of this amendment is to delete from the re uired provisions o our r Hance em or_opera o e so Inc u e in ndment is a n ngent amen m`c�ent o pr the waterborne vessel exemptions to be reinstated if the law is again changed. The enclosed amending ordinance No. 73 has been provided by the Board of Equalization in orderto change those s c our or in ce relat- ing to exemptions and exclusions. This amendment requires only a single reading prior to adoption as it pertains to taxes. We must submit four (4) certified copies to the State Board of Equalization on or before December 15, 1983. Ralph H. Dowell, Jr. Finance Director RHD:gl ORDINANCE NO. 73 AN ORDINANCE .TO AMEND ORDINANCE NO. 3 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Atascadero does ordain as follows: Section 1. Section, 12 of Ordinance No. 3 is amended to read: Section 12. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1. 5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city, in this state shall be exempt from the tax due under this ordinance. _ (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators ofaircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States , or any foreign government. (d) In addition to ,the exemptions provided in Sections 6366 and 6366. 1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is 'exempted from the use tax. ` Section '2. Section 12 of Ordinance No. 3 a amended by Section 1 of this ordinance is amended to read: Section 12 . EXCLUSIONS AND EXEMPTIONS. (a) The amount- subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangi- ble personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1. 5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly • and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States , or any foreign government. (f) In addition to the exemptions provided in Sections 6366 and 6366. 1 of the Revenue and Taxation Code the stor- age, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. Section 3. Section 1 shall be operative January 1, 1984. Section 4 . Section 2 shall be operative on the operative date of any act of the Legislature of the State of California 2 which amends Section 7202 of the Revenue and Taxation Code or which repeals and reenacts Section 7202 of the Revenue and Taxa- tion Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i) (7) and (i) (8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1 , 1983. Section 5. This ordinance relates to taxes for the usual and current expenses of the City and shall take effect immediately. The foregoing ordinance was introduced, adopted, and ordered published at a regular meeting of the Council held on , 1983, by the following vote : AYES: NOES: ABSENT: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS FORM: au" ALLEN GRIMES, City Attorney APPROVED AS TO ONTENT: R Y L. ARDEN, City Manager 3 A T AGEND ' DAT • RESOLUTION N0. 53-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING THE CONVEYANCE OF AN INTEREST IN REAL PROPERTY FROM PETER R. DEL VAGLIO, ETUX,, AND AUTHORIZING' THE EXCHANGE OF REAL PROPERTY BY THE ' CITY OF ATASCADERO FOR SAID PROPERTY, AUTHORIZING THE CITY MANAGER TO. EXECUTE APPROPRIATE DEEDS, AUTHORIZING THE RECORDING OF SAID DEEDS, APPROVING ESCROW INSTRUCTIONS, AND AUTHORIZING THE TRANSFER OF FUNDS. WHEREAS, the City of Atascadero and Peter R. Del Vaglio and, Luisa M. Del Vaglio, husband and wife, desire to exchange certain interests in real 'property and I WHEREAS, an escrow has been opened for the exchange of said property with the Cuesta Title Guarantee Company, Escrow No. 9539-RP;' NOW, THEREFORE, the Council of the City of Atascadero does E hereby resolve as follows: Section 1. The Council hereby accepts title to the following described interest in real property under deed executed by Peter R. Del Vaglio and Luisa M. Del Vaglio, husband and wife: Parcel One: Lot _8 in Block JC in the City of Atascadero, in the County of San Luis Obispo, State of California, according' to Amended Map of Atascadero, ' recorded July 16, 1915 in Book 4, Page 56-A of Maps in the office of the County Recorder of said County. EXCEPT that portion of said land conveyed to the State of California by Parcel 3 of. the Deed dated July 6, 1959, recorded February 24, 1960 in Book 1049, Page 322 of Official Records. ' ALSO EXCEPT all oil, minerals and other hydrocarbon products, in under or upon said land without the right, however, to prospect for or take the same from said land AG:fr/12/6/83 ' -1- Resolution No. Page 2 • while said land is used for residential, agricultural or horticultural purposes. as reserved by Colony Holding Corporation, a Corporation, in Deed recorded May 3, 1916 in Book 108, Page 243 of Deeds. ALSO EXCEPT that portion of said land lying within the lines of Morro Avenue and Lago Avenue as shown on the map ab over d' refe re to. Parcel Two: Lot 7 in Block JC in the City of Atascadero, in the County of San Luis Obispo, State of California, according to Amended Map of Atascadero, recorded July 6. 1915 in Book 4, Page 56-A of Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all streets, roads and alleys as shown on the map above referred to. ALSO EXCEPT that portion of said land conveyed to the State of California, by Deed dated October 19, 1960 and recorded January 9, 1961 in Book 1101, Page 588 of Offi- cial Records. Section 2. The Council hereby authorizes the City Manager to. execute a' deed conveying to Peter R. Del Vaglio and Luisa M. Del Vaglio, husband and wife, the following described interest in real property, in exchange for the foregoing real property described in Section 1, plus payment in` the sum of Ten Thousand Dollars ($10,000.00) to account for the difference in values between the properties: Lots 43, 44 and 45 in Block 12 of Atascadero Colony, per Amended Map of Atascadero Amendment "G" , filed for record September 16, 1925 in Book 3, Page 9-C of Maps. EXCEPT THEREFROM all that portion of said land lying within the boundaries of Lake View Drive and Santa Rosa Road,; as shown- on the map above referred to. , Resolution No. Page 3 Section 3 . The Council hereby authorizes the City Manager to execute the aforementioned escrow instructions, and hereby authorizes the transfer of $10,000.00 from Contingency Reserve to Account No. 01-90-2540, Property Acquisition, to complete the above transaction. Section 4. The real property being acquired by the City of Atascadero shall be used for recreational or public purposes. Section 5 . Deeds relating to the foregoing properties, being official business of the City of Atascadero, are entitled to free recording under section 6103 of the Government Code. Section 6. The City Clerk shall forward a copy of this reso- ution to Peter R. Del Vaglio, et ux. , at 1425 El Camino Real, Atascadero, CA 93422. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its en- tirety on the following roll call vote: Ayes: Noes: Absent: Adopted: MARJORIE R. MACKEY,'Mayor ATTEST: PATSY HESTER, Deputy City Clerk Resolution No. Page 4 APPROVED AS TO CONTENT: APPROVED AS TO FORM: MU RAY WARDEN, City Ma r� ALLEN GRIMES, City Attorney APPROV D FOR ACCEPTANCE: LAWRENCE McPHERSON, Public Works Director MFETjW AGA t A -W/moo?-:,. �TEM: • M E M O RAN D U M TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: Resolution Amending the Lease for the State of California for the South Atascadero' Park The attached Resolution is required as a result of a request from the State of California to clarify the boundaries of the lease site and to delete paragraph 6o the original lease, which allowed that the State could terminate, atanytime, mere- ly by giving a ninety day notice. It also adds an annual charge of $100. 00 for the lease. This is in addition to the original $750. 00 which we paid. It is recommended that the 'City Council approve the Resolution authorizing the changes as indicated. J %MR XWARDEN MLW:ph RESOLUTION NO. 52-83 RESOLUTION AMENDING LEASE, MADE AND ENTERED INTO THIS 1ST DAY OF JULY, 1983, BY AND BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES, WITH THE APPROVAL OF THE DIRECTOR OF MENTAL HEALTH, HEREINAFTER CALLED "STATE" AND THE CITE OF ATASCADERO, HEREINAFTER CALLED "LESSEE WHEREAS, the parties hereto entered into that certain lease dated June 1 , 1981, covering the premises known as the 19. 5-acre parcel described in the original lease. WHEREAS, the parties are in agreement as to the amending of said lease. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero does agree to amend the lease with the State of California as follows: 1. Paragraph 6 of the original lease is hereby deleted. 2. In addition to the original lease charge of $750 , the City will pay $100 annually to the State of California, Department of General Services, P.O. Box 151, Sacramento, CA 95801. 3. Except as expressly amended herein, all of the terms and conditions of said lease shall remain unchanged and in full force and effect. On motion by and seconded by , the Atascadero City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: APPROVED AS TO CONTENT: PATSY A. HESTER, eputy City Clerk MUVAY L. ARD , Citf Manager APPROVED AS TO FO t ALLEN GRIMES, City'Attorney AGENCY: Department of Mental Health LEASE NO. : L-785 PROJECT: Atascadero State Hospital AMENDMENT NO. 1 TO LEASE This Amendment to Lease, made and entered into this 1st day of July, 1983, by and between the STATE OF CALIFORNIA, acting by and through its Director of General Services, with the approval of the Director of Mental Health, hereinafter called "State" and the City of Atascadero, hereinafter called "Lessee WITNESSETH: WHEREAS, The parties hereto entered into that certain lease dated June 1, 1981, covering the premises known as the 19.5-acre parcel described in the original lease. WHEREAS, the parties are- in agreement as to the amending of said lease. NOW, THEREFORE, It is mutually agreed between the parties hereto as follows: 1. Paragraph 6 of the original lease is hereby deleted. 2. In addition to the original lease charge of $750, the City will pay $100 annually to the State of California, Department of General Services, P. 0. Box 151, Sacramento, CA 95801. 3. Except as expressly amended herein, all of the terms and conditions of said lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, This Amendment No. 1 to Lease has been executed by the parties on the date first above written. LESSEE: LESSOR: CITY OF ATASCADERO STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES By: By: Title: Title: APPROVED: APPROVED: STATE OF CALIFORNIA STATE OF CALIFORNIA ATASCADERO STATE HOSPITAL DEPARTMENT OF MENTAL HEALTH By: gy• Title: Title: I hereby certify that all conditions for exemption set forth in State Administrative Manual Section 1209 have been complied with and this document is exempt from review or approval by the Department of Finance. By: BSL-108 k-i F TIN AGENDA _M_E_M O R_A N_D U_M_ TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: Change in Election Date DATE: December 7, 1983 Two years ago, at the time State statutes authorized it, the City Council opted to change the election date from April of each even numbered year to the June Primary. At the time, it was decided to reconsider whether the election should stay in June or be moved"to e ovem er Gen al El e tion. Since, ;in order to ma e s c ange the City Council must take action prior to the June election, I request your views as to whether you wish to pursue this. In talking to other Mayors and Cit Mana e a, the general move seems to e to Novembgr election date, bas- ica y ecau ee e usy period of labor negotiations and budget' preparation tends to get tangled up with the election• process.This can often result or has the potential to result in confusing both these processes because of electioneering or because of un- familiarity with the process. These arguments seem to have merit, particularly when coupled with the_furt. r argument that the November election years seem to ctenerate grdrater voter turn-out with ewer conflictings_su that might be enco nunu wed at e June Primary. MU RAY Z WARDEN W •