HomeMy WebLinkAboutAgenda Packet 04/13/1993 * F U11C EVIEW COY 4
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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA i OOM
APRIL 13, 1993
7:00 P.M.
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This agenda is prepared and posted pursuant to the requirements of Government Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. /n addition to any action identified in the brief
general'description of each item, the action that may be taken shall incl e: A referral to
staff with specific requests for information, continuance, specific dFrection to staff
concerning the policy ormission of the item,discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the i em; adoption or
approval,• and, disapproval.
Copies of the staff reports or other documentation relating to each ftem of business
referred to on the agenda are on file in the office of the City Clerk (Roo 208)and in the
Information Office (Room 103), available for public inspection during C ty Hall business
hours. The City Clerk will answer any questions regarding the agenda.`
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting or other services offered by this City,please contact the City
Managers Office ((805) 461-5010)or the City Clerk's Office ((805) 461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are need 9d will assist the
City staff in assuring that reasonable arrangements can be made to pro /de accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on the,agenda.
* A person may speak for.five:(5) minutes.
* No one may speak for a second time until everyone wishirig to speak has had
an opportunity to 'do so:
*' No one may speak more than twice on any item.
* Council Members may question any speaker; the speake may respond but,
after the allotted time has expired, may not initiate furtl e discussion.
* The floor will then be, closed to -public participation ani open for Council
discussion. E
Call to Order
Pledge of Allegiance
Roll Call
City Council Comments:
Proclamations: "Public Schools Week", April 19, 1993
"Earthquake Preparedness Month", April 1993 _
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and comments from
you, the citizen. The Community Forum period is provided to receive comments from
the public on matters other than scheduled agenda items. To increase the effective-
ness of Community forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
* No person shall be permitted to make slanderous, profane or personal remarks
against-any elected official, commissions and staff.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1 . S.L.O. Council of Governments
2. S.L.O. Regional Transit Authority `y
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5. Traffic Committee
6. County Water Advisory Board
7. Economic Round Table
8. Colony Roads Committee
9. Liability Claims Review & Finance Committee
B. CONSENT CALENDAR:
All matters listedunderItem B, Consent Calendar, are considered to be routine, and
will be enacted by one motion in the form listed below. There will be no separate
discussion on these items. A member of the Council or public may, by request, have
any item removed from the Consent Calendar, which shall then be reviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - MARCH 9, 1993
2. CITY COUNCIL MINUTES - MARCH 23, 1993
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3. TRAFFIC COMMITTEE RECOMMENDATIONS:
A. RESOLUTION NO. 18-93 - Designating the placementf a stop intersection
on Corriente Avenue @ Santa Ana Road
B. RESOLUTION NO. 19-93 - Designating the placement off a stop intersection
on Corona Road @ Santa Ana Road II,
C. RESOLUTION NO. 20-93 - Designating the placement of a stop intersection
on Balboa Road @ Santa Ana Road
4. TENTATIVE TRACT MAP 92003, 7365 SANTA YSABEL Consideration of a
request to create a five-unit residential condominium pr ject, including the
conversion of one existing unit and the construction of four new units
(Semmes/Cuesta Engineering)
5. CONTRACT AWARD FOR PORTABLE 'HYDRAULIC PUMP jUNIT
6. RESOLUTION NO. 22-93 - Authorizing participation on the S.L.O. County
Regional Hazardous Materials Response Team
7. ART PROJECT - POLICE FACILITY
C. PUBLIC HEARINGS: {
1. ROAD ABANDONMENT/LLA 93-001, 9325 CURBARIL AVE. - Request for
consideration of a road abandonment and lot line adjustmo'nt which conflicts
with prior City Council action on this issue
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D. REGULAR BUSINESS:
1. EL CAMINO REAL MEDIAN - City Engineer's Report (Contid from 2/23/93)
2. TEMPLETON SERVICE DISTRICT - Consideration of request to explore
extension of City sewer service to the Templeton Community Services District
3. CONSTRUCTION PRACTICES REPORT - Response to citi�en's complaints at
March 23rd City Council meeting
4. DIAL-A-RIDE REPORT - Response to Council's March 23rd direction
5. WIL-MAR DISPOSAL AUDIT
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager: Schedule joint meeting with Paso Robles City Council regarding
economic development and resource sharing
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'Puklie schools week"
April 19-23, 1993
WHEREAS, The Cal�ornia Masons have declared the week of Ayrfl 19-23, 19931 to be
"Public schools week" in Atascadero; and
WHEREAS, The Masons understand the necessity for a strong yublic schools system, as
indicated in their observance of the theme, "Public Education: Our Hope for the 21st century'-
NOW, THEREFORE, The City Council of Atascadero, state of Cal forma, is yleased to
join the California Masons in yroelaiming Ayril 19-23 as
'TubUc schools week"
FURTHERMORE, The City Council wishes to take this oyyortunq to extend its gratitude
to the Atascadero Untied School District and teaching staff for their ongoing efforts in yromotind
the education and wore of Atascadero's youth.
ROBERT P. NIMMO, Mayor
City of Atascadero, CA
Ayril 13, 1993
"Earthquake Preparedness month"
Aril 1993
WHEREAS, the State of Cal�ornia continues to ayerience signocant seismic activity, as
evidenced by the magnitude 7.6 Landers earthquake in San Bernardino County on June 28, 1992
(the largest to occur in C0ornia since 1952) and the magnitude 7.1 Cape Mendocino earthquake
in Humboldt County on Aril 25, 1992; and
WHEREAS, loss o f li f e and yroperty can be greatly reduced i f aypropriate earthquake
preparedness measures are taken before, during and after a damaging quake; and
WHEREAS, these lifesaving procedures will be highlighted during the month of Aril as
the Governors office of Emergency services, with the assistance of city organizations, educational
institutions, businesses, and Neighborhood watch groups, provides earthquake safety information to
citizens throughout the state; and
WHEREAS, the measures presented in the BEAT THE QUAKE camyaign should increase
public awareness regarding proper procedures to follow during an earthquake; and
WHEREAS, this important earthquake safety information should be studied and observed
throughout the year in order to reduce injuries, loss of l�e and property damage during an
earthquake;
NOW, THEREFORE, I, ROBERT P. NIMMO, Mayor of the City of Ataseadero, do
hereby proclaim April 1993 as "Earthquake Preparedness Month" and encourage all citizens to
increase their knowledge and awareness of proper safety measures to follow before, during and after
an earthquake.
ROBERT P. NIMMO, Mayor
City of Atascadero, cal�ornia
PETE WILSON, Governor
STATE OF CALIFORNIA
OFFICE OF THE DIRECTOR O E S
CAI.I FO R\IA
Governor's Office of Emergency Services
' 2800 Meadowview Rd.
Sacramento, California 95832
916-262-1816 Fax 916-262-1677
C 1110M`•
March 19, 1993
Dear California Earthquake Preparedness Month Campaign Coordinator:
Next month the Governor's Office of Emergency Services (OES) will celebrate the ninth
year of providing essential earthquake safety information to the state's residents as part of the
California Earthquake Preparedness Month campaign. Once again, Governor Wilson has
proclaimed April "California Earthquake Preparedness Month." Copies of the proclamation and
the Governor's letter are attached. The campaign's success is directly attributable to the efforts of
the thousands of local campaign coordinators throughout the state.
A major effort for the 1993 campaign is the promotion of a new OES-produced video,
An Ounce of Prevention....Strengthening Your Wood Frame Home for Earthquake Safeo" and an
accompanying handbook, Wood Frame Home Retrofit Guide. The attached news release, recently
mailed to California media, provides details about this project.
A new poster has been developed with the earthquake safety message and the popular
California earthquake preparedness cartoon character. As we have not dated it, it may be used
throughout the year, as well as in future years. We have reprinted the "Beat the Quake" brochure.
as well. Copies of the poster and brochure will be available from county Offices of Emergency
Services in early April.
In addition, we have again encouraged retailers and manufacturers throughout the state to
erect displays of emergency preparedness products such as flashlights, batteries, wrenches, first aid
kits, food, and water, and to resupply these displays throughout the month of April. This year
many locations will have individuals staffing the displays to hand out discount coupons for various
earthquake preparedness-related products.
The "Earthquake: Duck, Cover, and Hold Drill," will be held at 10:10 a.m. on Tuesday.
April 6. 1993, and is expected to draw more than two million participants. If this time is not
practical for your organization, feel free to conduct your drill il 6. Schools
at another time on Apr
on spring break during that week may conduct their drills on another date. Administrators should
also encourage students, faculty, and staff to participate on April 6 at home or wherever they
happen to be.
Once again we are encouraging participation by the 1,250 print and broadcast media outlets
in California. Media representatives may be calling you for information on local events.
We wish you success in your local campaign, and thank you for your participation in this
rewarding and most necessary effort.
Sincerely
-� --
RICHARD ANDREWS, Ph.D.
Director
Enclosures
OFFICE OF THE GOVERNOR
State of California
March 4 , 1993
Dear Earthquake Preparedness Campaign Supporter:
Thank you for your continuing support of the California
Earthquake Preparedness Month campaign . Through your
efforts , millions of Californians are learning skills that
could save their lives when the next major earthquake
occurs .
To encourage that learning process , I have proclaimed
April 1993 as California Earthquake Preparedness Month.
Accompanying this letter is material developedby my Office
of Emergency Services to assist you in conducting your local
earthquake preparedness campaign during California
Earthquake Preparedness Month.
A major focus this year is ensuring the structural
safety of homes . Major manufacturers and retail stores
throughout the state are also planning to take part in the
1983 campaign by promoting preparedness supplies .
Please join me once again in this vital ' preparedness
effort by urging your local campaign audience to "BEAT THE
QUAREI "
Sincerely,
PETE WILSON
F.,
r �'y��� �
v W'�:f�7L.�� i
1
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
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a A P R O C L A M A T I O N a
by the
a Governor of the State of California
WHEREAS, the State of California continues to experience significant seismic
activity, as evidenced by the magnitude 7.6 Landers earthquake in San Bernardino �
County on June 28, 1992 (the largest to occur in California since 1952) and the `may
magnitude 7.1 Cape Mendocino earthquake in Humboldt County on April 25, 1992; andr
WHEREAS, loss of life and property can be greatly reduced if appropriate
earthquake preparedness measures are taken before, during, and after a damaging
quake; and
WHEREAS, these lifesaving procedures will be highlighted during the month of
April as the Governor's Office of Emergency Services, with the assistance of city
and county emergency services offices, other governmental agencies, service
organizations, educational institutions, businesses, and Neighborhood Watch groups,
provides earthquake safety information to citizens throughout the state; and
i; WHEREAS, the measures presented in the BEAT THE QUAKE campaign should increase
public awareness regarding proper procedures to follow during an earthquake; and
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WHEREAS, this important earthquake safety information should be studied and a
observed throughout the year in order to reduce injuries, loss of life, and
property damage during an earthquake;
a NOW, THEREFORE, 1, PETE WILSON, Governor of the State of California, do hereby
proclaim April 1993 as California Earthquake Preparedness Month and encourage all
citizens to increase their knowledge and awareness of proper safety measures to
follow before, during, and after an earthquake.
IN WITNESS WHEREOF I have hereunto set my hand
3A and caused the Great Seal of the State of
California to be affixed this 26th day of
F T February 1993. '
PF06.
SURE yF
Governor of California
L7 m ATTEST:
yy����/f�
Secretary of State
1tate
c �i FOR ,�
0 E S
CALIF0RNI .-k
News Release
C71ifornia Office of CONTACT:
Emergency Services
Tom Mullins ♦ (916) 262-1843
Director, Information and Public Affairs
FOR IMMEDIATE RELEASE
March 5, 1993
NEW EARTHQUAKE SAFETY VIDEO
WILL HELP CALIFORNIANS STRENGTHEN HOMES
You could lose your house in the next moderate earthquake if it's not properly
attached to its foundation! Simple "do-it-yourself" techniques can make your house more
earthquake resistant. Be sure to watch An Ounce of Prevention...Strengthening Your Wood
Frame Home for Earthquake Safery to learn how to protect your home.
This step-by-step how-to program will be premiered on many California public
• broadcast stations in April (see local listings for dates and times).
The half-hour show is designed by seismic experts to help Californians identify basic
structural hazards and eliminate them.
Bolting your house to its foundation and adding plywood to the cripple walls (short
walls between the foundation and the floor) are the most effective ways to reduce property
damage from a major earthquake, according to the Governor's Office of Emergency Services
(OES). These actions could also save your life.
"While bolting a house to its foundation may cost several hundred dollars, repairing it
after a major earthquake could cost tens of thousands of dollars," cautions Richard Andrews,
OES director.
Soon after the 1989 Loma Prieta earthquake in the San Francisco Bay Area, OES
established a technical advisory committee to help homeowners minimize future losses. An
Ounce of Prevention... was written and produced by committee members, including several
engineers, an architect, an owner-builder advisor, a building code consultant, and
communications professionals.
-more-
2800 Meadowview Road • Sacramento, CA 95832
Ron Hazelton of Home$ense, a Bay Area home improvement show, is the host. San
Francisco residents Karen and Jon Wong demonstrate the easy-to-follow techniques. The
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show was taped in the couple's basement while they were retrofitting their wood frame
home.
Since many houses built in California before the 1970s were not properly attached to
their foundations, this program will help homeowners prepare for the next quake. Scientists
believe there is a high probability that a magnitude 7.0 or larger earthquake will occur in
California within the next 30 years. Smaller quakes can also cause substantial damage to
wood frame houses.
The public is encouraged to record this program for future reference. Copies of the
video will also be available at major libraries and some city and county building departments.
An accompanying handbook, Wood Frame Home Retrofit Guide, containing detailed drawings
and a shopping list, is available for purchase. Order the guide by sending a check or money
order for 54.00 to: Wood Frame Home Retrofit Guide, P.O. Box 2050, Oakland, CA
94604-2050.
For general earthquake preparedness information, contact your city or county Office
of Emergency Services and the American Red Cross. •
# # # #
Agenda Item: B-1
• Meeting Date: 04/13/93
ATASCADERO CITY COUNCIL
MARCH 9, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Kudlac, Luna and Mayor Nimmo
Absent: Councilmember Borgeson (illness)
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata, Assistant City
Manager/Director of Community Services; Henry Engen,
Community Development Director; Art Montandon, City
Attorney; Mark Joseph, Administrative Services Director;
Lt. Bill Watton, Police Department and Kelly Heffernon,
Administrative Analyst
PROCLAMATION:
Mayor Nimmo read the proclamation for "Camp Fire Birthday Week", March 14-20,
1993. Local Camp Fire Girls and Boys were present to accept and distributed candy
to Council and staff.
COMMUNITY FORUM:
John Cole, 8710 Sierra Vista Road, spoke against any reductions in the Police
Department and asked that the City make every effort to maintain the quality of the
force. The mayor remarked that there had not been any discussions at the Council
level relating to this matter and assured the speaker that there was no such plan being
considered.
Michael Jackson, 5502 Ensenada, complained that the City was setting a bad
example by taking too long to complete the construction of the San Andres Bridge
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replacement. In addition, Mr. Jackson encouraged personal recognition of the
community's youth.
Henry Engen reported orted that The Gas Company was responsible for the present delay .
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associated with the bridge. He estimated that the project, which is being funded 80%
by Caltrans, would be completed approximately March 31 , 1993.
Jeff Hendrix, 9005 La Canada, complimented the City Clerk's Office.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments/Regional Transit Authority - Mayor
Nimmo reported that if Atascadero sees any of the three million dollars
appropriated by President Clinton for transportation projects statewide,
it would be subject to all State and Federal laws.
2. Economic Round Table - Henry Engen announced that the next meeting
would be Wednesday, March 10, 1993 at 7:30 a.m.
B. CONSENT CALENDAR:
Mayor Nimmo read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - February 23, 1993
2. TREASURER'S REPORT - January, 1993
3. FINANCE DIRECTOR'S REPORT - January, 1993
4. TENTATIVE PARCEL MAP 29-89, 5100 CASCABEL RD. - Reconsideration to
modify parcel configuration, private driveway improvements and to eliminate
an existing condition of approval requiring an open space easement along
Graves Creek (Safarjan)
5. PALOMA CREEK PARK FOOD AND DRINK CONCESSION OPERATION AGREE-
MENT (Contract No. 93006)
6. RESOLUTION NO. 14-93 - Amending softball tournament guidelines, City
facilities policies, procedures and fees
The mayor noted that Consent Calendar Item #13-3 would be continued until the next
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meeting at the request of Mark Joseph. Councilman Bewley indicated that he had a
potential conflict of interest relating to Item #13-4.
MOTION: By Councilman Luna, seconded by Councilman '.Kudlac to approve
Consent Calendar Items #13-1 , 2, 5 & 6; motion passed 4:0.
Councilman Bewley stepped down from deliberations.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Item
#B-4; motion carried 3:0.
Councilman Bewley returned.
C. PUBLIC HEARINGS:
1. SOURCE REDUCTION &RECYCLING ELEMENT -First public hearing under A.B.
939
Kelly Heffernon introduced Steve Devencenzi of the San Luis Obispo Council of
Governments (COG). Also present was consultant to COG, Ruth Abby of Brown,
Vence & Associates. Mr. Devencenzi provided a brief overview of the eight major
components of the Source Reduction and Recycling Element (SRRE) and responded
to Council questions regarding funding for State-mandated regional programs.
Public Comments:
Bill Mazzacane, Executive Director of the Chamber of Commerce, asked for the status
of commercial pilot programs. Ms. Heffernon remarked that a co-mingling curbside
pick-up program has been implemented at a cost to the customer of $1 .50/month.
She noted that cardboard recycling would begin sometime during the next month.
Marj Mackey, 5504-A Tunitas, opposed any additional increases in tipping fees, noting
that a previously approved increase was to fund the studies mandated by AB939.
She urged counties to band together and insist that some of this money come back
to local jurisdictions.
---End of Public Testimony---
By mutual consent, the City Council agreed to consider',approving the Final
SRRE at the next scheduled public hearing on the document subject to any
modifications to the plan once the Household Hazardous'Waste Element and
Environmental Impact Report have been received and commented on.
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D. REGULAR BUSINESS:
1. ORDINANCE NO. 268 - AmendingOrdinance No. 252, Section 2-13.03 of the
Atascadero Municipal Code, amending the terms of the members of the Parks
& Recreation Commission
Andy Takata provided background and recommendation to introduce the ordinance.
He explained that this action would provide for terms consistent with those of the
Planning Commissioners.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to waive the
reading of Ordinance No. 268; motion carried unanimously.
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to introduce
Ordinance No. 268 on first reading by title only; motion carried 4:0 by
roll call vote.
2. Request to support the League of California Cities Channel Counties Division's
Legislative Action Program for 1993 - Request Council direction
By consensus, Council agreed to support the Legislative Action Program as presented
by the Channel Counties Division. Staff was directed to bring back the necessary
resolution at the next regular meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Nimmo announced that he would be out of town and absent from the City
Council meeting of March 23, 1993.
2. City Treasurer
Ms. Korba thanked her husband, Leon, for his support during and after her recent eye
surgery.
THERE BEING NO FURTHER BUSINESS, THE CITY COUNCIL MEETING WAS
ADJOURNED AT 8:00 P.M. THE NEXT MEETING WILL BE TUESDAY, MARCH 23,
1993 AT 7:00 P.M.
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MINUTES RECORDED AND PREPARED BY:
LEE RABOIN, City Jerk
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Agenda Item: B-2
Meeting Date: 4/13/93
ATASCADERO CITY COUNCIL
MARCH 23, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
Absent: Mayor Nimmo
Also Present: Muriel "Micki" Korba, City Treasurer; Cindy Wilkins, Deputy
City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata, Assistant City
Manager/Director of Community Services; Henry Engen,
Community Development Director; Art Montandon, City
Attorney; Mark Joseph, Administrative Services Director;
Lt. Bill Watton, Police Department; Mark Markwort, Chief
of Wastewater Operations
COUNCIL COMMENTS:
Councilmembers Borgeson, Kudlac and Luna conveyed their receipt of a call from a
concerned citizen about the need for improved Dial-A-Ride service in the evenings and
to Twin Cities Hospital. Councilmember Luna requested that staff provide an account-
ing of funds, such as TDA funds, that are earmarked for Dial-A-Ride and local
transportation projects.
PROCLAMATIONS:
Mayor Pro Tem Kudlac issued a proclamation for "Month of the Child", April, 1993,
which was accepted by Geoff English of the City's Community Services Department
on behalf of Biz Steinberg, Chairperson, Community Partners in Childcare.
Mayor Pro Tem Kudlac announced that the scheduled proclamation for "Americans
with Disabilities Month", April, 1993, would be deferred to a future meeting.
COMMUNITY FORUM:
Karen Oakes, 6705 Llano Rd., read a prepared statement, dated 3/23/93, conveying
concerns about the City's permit review procedures and monitoring of construction
projects within its jurisdiction (Exhibit A, attached). Henry Engen provided a brief
verbal response to the specific projects cited by Ms. Oakes. Council majority
consensus was to direct that staff provide a full report at the next regular meeting for
discussion and policy decision regarding grading on slopes of over 10%.
John Befumo, 7420 Atascadero Ave., expressed concern about flooding problems on
Atascadero Ave. near Morro Road. He conveyed that he has located a large culvert
behind the homes on Tecorida, which he indicated the former Public Works Director
was not aware of as it is covered with immense bushes. He requested the instal-
lation of additional culvert under Atascadero Avenue in the 7400-7500 area of the
block in order to direct the water to the culvert on Tecorida.
Eric Greening, 7365 Valle, understands there are approx. $100,000 in drainage
improvements backlogged for lack of money and encouraged that, if possible, they be
put forward in the Clinton Economic Stimulus Plan, urging residents to document their
drainage problems.
Marsha Torgerson, 6200 Llano Rd., expressed concerns similar to those of Karen
Oakes via a prepared statement, dated 3/23/93 (Exhibit B, attached). Mr. Engen
responded that a letter, dated 2/3/93, was forwarded to Tom & Marsha Torgerson
relative to the development review process and that their concerns will be addressed
as part of the report in response to Ms. Oakes's comments.
Mayor Pro Tem Kudlac announced that Item D-2 on the agenda has been withdrawn.
Mr. Engen added that there is some difficulty advancing the grant application through
at the County level, and it is hoped that this item will be brought back at a future
date.
A. COMMITTEE REPORTS - The following ad hoc or standing committee reports
were given:
Solid/Hazardous Waste Task Force - Henry Engen reported there was no
meeting this month and the next is scheduled for April 1 st.
City/School Committee - Ray Windsor reported the committee next meets on
April 15th.
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Traffic Committee - Councilman Luna reported the committee met last
Wednesday. One item involved recommending to the Parks & Recreation
Commission the designation of four parking spaces at the Pavilion to 30-minute
parking only, with one of the spaces designated for a loading/unloading zone.
A second item was the suggestion by the Community Development Director for
some input on a four-way stop at the Atascadero State Hospital. Since the
Council is expecting a report back from staff in the near future relative to that
intersection, it was felt that it was premature for the Traffic Committee to
make a recommendation on that issue.
County Water Advisory Board - Councilwoman Borgeson reported that the
board met on 3/3/93 and discussed the State Water Project, reviewing the
eleven new project contractors. The Advisory Board's recommendations were
forwarded to the Board of Supervisors through their President, Mr. Van Lauren.
Economic Round Table - Henry Engen conveyed that the ERT is finalizing its
report, scheduled to be presented to the Council at the April 13th meeting.
Liability i� = ifns Review & Finance Committee - Councilman Luna reported that
the committee met last Wednesday to discuss Tax Revenue and Anticipation
Notes, Item B-6 on tonight's agenda.
B. CONSENT CALENDAR:
1. FINANCE DIRECTOR'S REPORT - January, 1993 (Cont'd from 3/9/93)
2. FINANCE DIRECTOR'S REPORT - February, 1993 -
3. CITY TREASURER'S REPORT - February, 1993
4. TENTATIVE TRACT MAP 2-90, 11145-11205 EL CAMINO REAL - Considera-
tion of time extension request (Montanaro/North Coast Engineering)
5. TENTATIVE PARCEL MAP 27-90, LOT 3, PINE MOUNTAIN PARK - Considera-
tion of time extension request (Noakes/RRM Design)
6. INITIATE TAX AND REVENUE ANTICIPATION NOTE (TRAN) FINANCING FOR
FY1993-94 (Regional pool)
7. RESOLUTION NO. 15-93 - Supporting League of California Cities Channel
Counties Division 1993 Legislative Action Program
8. REQUEST TO SUPPORT THE POSITION OF THE COALITION FOR COOPERA-
TIVE GOVERNMENT
9. RESOLUTION NO. 18-93 - Authorizing the execution of a certificate of local
approval of application for 1993 Federal Emergency Grant funds
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Item B-2 was pulled for discussion by Councilman Luna, Items B-4, 5 and 7 were
pulled by Councilwoman Borgeson, and Item B-6 was pulled by Micki Korba.
MOTION: By Councilwoman Borgeson for approval of Items B-1, 3, 8 and 9,
seconded by Councilman Luna; motion carried unanimously.
Discussion on Item B-2: Councilman Luna inquired about the deficit shown in the
Parks Impact Fee. Mark Joseph explained that amount is a reflection of the City's
investment in the Pavilion Fund. The Parks Impact Fee Fund will slowly recoup its
costs as developer impact fees are collected over the years. He noted a similar
explanation can be given regarding the Police Impact Fee Fund, which made an initial
investment in the police facility. Councilman Luna also commented on the amount in
the Wastewater Fund, the majority of which reflects fixed assets, and feels the report
would be more informative if the figures did not include fixed assets. Mark replied
that the requested amendments will be reflected in the March report.
MOTION: By Councilman Luna to approve Item B-2, seconded by Councilman
Bewley; motion carried unanimously.
Discussion on Items B-4 and 5: Councilwoman Borgeson expressed no opposition to
approving the two subject time extension_requests, however inquired if there is a
master calendar which the Community Development Dept. uses to forecast its receipt
of permit fees. Henry Engen responded that the Map Act provides for a five-year
timeframe within which applicants may request time extensions. He clarified that the
main costs involved in final maps are engineering-related, and the larger planning costs
are involved early in the tentative map process.
MOTION: By Councilwoman Borgeson to approve Item B-4, seconded by
Councilman Luna; motion carried unanimously.
MOTION: By Councilwoman Borgeson to approve Item B-5, seconded by
Councilman Luna; motion carried unanimously.
Discussion on Item B-6: Micki Korba conveyed it was her understanding at the last
Finance Committee meeting that a proposed concept would be brought before the
Council so the City would not be locked into a particular program in order to fully
explore all options. Councilman Luna concurred, noting that the deadline for
submitting application for the League's program is March 31 st, although the timetable
under "Requirements of Participation" (agenda p. 000046) shows that the Council has
until June to make its final decision. Councilwoman Borgeson voiced concern that the
make-up of the Finance Committee leaves three Councilmembers out of the informa-
tion loop until issues such as this come up at a meeting. She would like more
CC03/23/93
Page 4
• explanation on the committee's decisions and how they are arrived at, feeling the full
Council should be involved in all financial transaction decisions; the City Manager was
directed to communicate such information to the full Council
MOTION: By Councilman Luna to direct staff to submit the application to
participate in the League's TRAN program but by no means commit the
City to the eventual participation in that program in order to consider all
options, seconded by Councilman Bewley; motion carried unanimously.
Discussion on Item B-7: Councilwoman Borgeson, referencing the "Summary of State
Budget Grabs" (agenda p. 000056), expressed opposition to the proposed limitation
of the deductibility of mortgage interest. Mr. Windsor clarified that the proposed
resolution is general in nature and does not commit the Council or the Channel
Counties Division to this program. He asked that the Council ignore that page in the
report, as it was provided for information only and is misleading,,noting that staff will
note the Council's concerns about individual elements of the program and will report
back the consensus of the League, the Channel Counties Division and the County,
when known.
MOTION: By Councilwoman Borgeson to approve item B-7, seconded by
Councilman Luna; motion carried unanimously.
C. PUBLIC HEARINGS:
1. PROTEST HEARING, CEASE AND DESIST AREAS C & E (SEPARADO &
CAYUCOS) AND 1 (SAN GABRIEL) - For individuals being;required to hook-up
to public sewer, pursuant to Ordinance No. 246
Henry Engen provided staff report and responded to questions from Council.
Discussion ensued regarding the process of notifying property owners in cease &
desist areas, hook-up requirements and the general subject of extending sewer. There
was no public comment.
MOTION: By Councilman Luna that staff proceed with the requirements for
individuals being required by the Regional Water Quality Control Board
to hook up in Cease & Desist Areas C, E and I, seconded by Councilman
Bewley; motion carried unanimously.
CC03/23/93
a Page 5
2. RESOLUTION NO. 16-93 - CDBG FUNDING APPLICATION - Public hearing to •
consider potential application for Community Development Block Grant
assistance to fund the site acquisition and rehabilitation for the North County
Women's Resource Center domestic violence shelter
Henry Engen provided staff report.
Public Comments:
Barbara MacGregor, Director of the North County Women's Resource Center, thanked
the City for its ongoing support over the past two years and commented on the status
of the process to locate and acquire a site for the domestic violence shelter. She
reported that the Center has executed a lease option purchase agreement and that the
State's response has been good, noting that domestic violence shelters are the State's
priority this year, which increases the possibility for successful acquisition. Should
the Center succeed in its efforts to purchase the shelter site, she indicated the money
formerly used to pay rent could be used for such things as counselling, food and other
services. She offered to respond to questions, noting that Pat Wickstrom of People's
Self-Help Housing Corporation was also present to respond, if necessary.
MOTION: By Councilwoman Borgeson to approve Resolution 16-93, seconded by
Councilman Luna; motion carried unanimously.
D. REGULAR BUSINESS:
1. ORDINANCE NO. 268 - Amending Ordinance No. 252, Section 2-13.03 of the
Atascadero Municipal Code, amending the terms of the members of the Parks
& Recreation Commission
(Recommend motion to adopt on second reading by title only)
There was no public comment on this item.
MOTION: By Councilman Luna to adopt Ordinance No. 268 on second reading, by
title only, seconded by Councilman Bewley; motion carried unanimously.
2. RESOLUTION NO. 17-93 - Supporting the San Luis Obispo County Land
Conservancy's grant application for a Highway 101 Landscaping Enhancement
and Gateway Signage Program
Item withdrawn (see Mayor Pro Tem's comment under Community Forum, page 2).
CC03/23/93
Page 6
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council: Councilman Luna announced that Fie would be happy to speak with
individual Council members regarding what occurs at the Finance Committee, within
the limits of the Brown Act (refer to discussion on Item B-6, page 4).
City Treasurer: Micki Korba announced her intention to amend the Treasurer's Report
to include the previous month's figures (in addition to the now-shown prior year's) to
assist Council in tracking how money is being spent.
City Manager: Ray Windsor announced that City Clerk Lee Raboin is absent due to
the death of her brother. Funeral arrangements are pending and will be forwarded to
the Council when known.
Ray Windsor recalled a late request, following last year's budget hearing considering
community group requests, from the Atascadero Tennis Club seeking $700 to
resurface the high school tennis courts, which was denied by the Council. As a
result, Recreation Supervisor Geoff English had suggested raising funds on a voluntary
basis "Al has since succe od in raising $6,05; the extra �1 J5 v,,ill be given to the
Tennis Club for their general fund. Mr. Windsor conveyed the Council's thanks to
Geoff for that effort and asked if a member of Council would be willing to present the
$700 check to the School Board at its next meeting. Councilwoman Borgeson volun-
teered to make the presentation.
MAYOR PRO TEM KUDLAC ADJOURNED THE MEETING AT 8:34 P.M. TO THE NEXT
REGULAR MEETING ON TUESDAY, APRIL 13, 1993 AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
CINDY WILKINS, Deputy City Clerk
CC03/23/93
Page 7
EXHIBIT A TO
CITY COUNCIL MINUTES
OF 3/23/93.
Marc-h 213, 199 :
Council Members, City of Atascadero
6500 Palma Avenue
Atascadero, CA. 93422 RE:_ Construction Practical Health/Safety Issue
Mayor Nin-no and Council Members:
While 1 appreciate staff's efforts to assure quality housing projects in Atascadero,
holes in our system of plan development coupled with the absence of a Compliance
Officer to monitor plan execution have allowed questionable construction practices to
excel resulting in Health and safety issues that expose city management to potential
liability.
I would like to identify two specific projects that set unacceptable precedents.
First, a home on property adjacent to my own has been occupied for over a year without
receiving final inspection clearance due to an inability to control negative effects
of runoff from the site. Continuing erosion problem; have resulted in land slides and
significant sediment deposits in creeks and ponds downstream. A complaint has been
filed with the City and despite assurances that there would be time for public convent
through precise plan review of the proposal to mitigate the erosion, the owners
proceeded on their own to dump large quantities of dirt down the hill last week. You
should note that the drainage pipe put: in place by the owners without a permit and
that is now being covered, carries runoff from the driveway where water and possible
wastes are then dumped unfiltered into a blue line swale. The City has not followed
through in enforcing the building code. Furthermore, the City has verbally abdicated
any responsibility for resulting effects on adjacent Homeowners. You have set a
precedent that nobody is in charge and that is not acceptable.
Second, on property across the ridge but also adjacent to my own, a 2 foot boulder
appears to have escaped last weep; from a new building site where grading was initiated
without a permit. The boulder rolled several hundred feet down hill knocking over a
fire hydrant. The lack of a permit is an issue but so is the fact that despite the
average :dope of the lot exceeding 3u`0 (in my opinion), no precise plan was required
and adjacent residents never notified. The short term issue is that our building code
seems to contain no element to control runaway rocks that may crash to the properties
and roadway below and this is unconscionable. The loner term issue is that the lack of
public input has resulted in an approved drainage plan for this project that directs
rain gutter emissions and other runoff down the steep, back portion of the lot and
onto Llano Road. Llano already suffers from failure of cut slopes and unprotected
drainage swales filled with mud all year. The residents of Llano Road are being asked
to carry an unfair burden and suffer unnecessary risk as a result of one developer's
right to build.
In summary, precise plans should be required on any project where the average slope of
the lot exceeds 20% or where drainage is required across adjacent properties.
Additionally, if the lack of a Compliance Officer results in the City's inability to
properly monitor contractors and homeowners on current projects, then no building
permits should be issued until the health and safety of current resident_, are assured.
3nk you for your time. Sincerely,
en Oakes
6705 Llano Road, Atascadero, CA 93422
EXHIBIT B TO
r CITY COUNCIL MINUTES
OF 3/23/93.
(PAGE 1 OF 2 )
Tom & Marcia Torgerson
6200 Llano Road
Atascadero, CA 93422
March 23 , 1993
City Council
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Dear Councilmembers :
Back in January, we wrote a letter to you with copies to the
Planning Commission, Henry Engen, Public Works and the Department
of Fish and Game. The letter was concerning the lack of
sedimentation control on building sites . It also addressed the
city' s indifference to engineered drainage failures . We have since
spoken to Mr. Engen, Bill Wittmeyer, Brian Sword and the Planning
Department.
As most of you know, we have a pond on our property that is fed by
a "blue line creek" . In the last 3-4 years , due to development
upstream, the pond has been severely impacted by sediment runoff .
I have pictures for those of you who have not been out to our home
and seen it first hand. In all of our discussions with the city
officials I just mentioned, it was agreed that this is a problem _
that should not be taking place. of course, we' ve been told that
the City of Atascadero is not responsible, but we beg to differ
with you.
In the City of Atascadero' s Zoning Ordinance, from 9-4 . 141 to
9-4 . 154 , it explains in detail requirements if any grading is being
done, including drainage plans, revegetation plans, sedimentation
and erosion control plans as those described in USDA Soil
Conservation Service Bulletin 347 . Yet the City requires little if
any of these plans . And if they do, they don' t examine the plans
submitted. They assume that if an engineer drew the plans; they
are fine . This system is not working. Many of the, homes upstream
from us , with engineered plans, have had major erosion problems
that have become our problem.
we thought after all our discussions on this topic with the
planning department, that AT LEAST this would be an issue that they
would address for any future building applications . ' We have been
told that Mr. Engen has not given any direction to the planners to
consider any new drainage issues on future building applications .
An example of this is the new construction site on Rayar, that
Karen mentioned, where there is a steep slope but no sediment
control , no boulder control and an approved drainage plan that
could cause more erosion problems after the home is built.
CITY COUNCIL MINUTES
3/23/93, EXHIBIT B
(PAGE 2 OF 2)
( 2 )
The bottom line is that with each new construction site upstream
from us, the city is not going to require any sedimentation
controls even though they know the potential is there for erosion
problems . Drainage plans from engineers , even if they have
engineered several failures, will be accepted at face value. The
construction site on Rayar is again an example of drainage plan
problems . The approved plans show all rain gutter and surface
runoff being diverted to one or two rock swale areas and then down
the greater than 45% slope which already has had several land
slides . It just doesn' t make sense .
As you can see, we have not made much progress going through the
proper channels . That is why we are here tonight. Something has
to be done to make the planning department enforce already existing
zoning ordinances. It makes so much sense to avoid a problem by
enforcing a few safeguards instead of ignoring the obvious
potential for damage not only to the building site but also
downstream neighbors .
I spoke with Andy Takata this morning for the first time and
discussed briefly these problems with him. He told me he would
talk with Mr.. Engen and ge,t .back to me._ .Hopefully, he will be able
to make some changes .in .ptoceduires -within •the city. But we feel
-there is also a need for some' ehange-s• fn 'the- wording of the zoning
ordinances .
Please consider this matter as soon as possible. Our portion of
the pond on our property is close to being half full with sediment.
With each new rain storm, the problem in our backyard gets bigger -
and bigger. 10-20 years from now, when all of Atascadero' s creeks
and ponds are full of sediment, the City Council will want to pay
someone several thousand dollars for a study on how to clean the
creeks and ponds; and then hire someone to do it. Why not just
stop filling them up in the first place .
Thank you.
Sincerely,
t 1
Tom or erson Marcia Torgerson
/m
REPORT TO CITY COUNCIL Meeting Date: 4-13-93
CITY OF ATASCADERO Agenda Item: B-3 (A,B,C)
Through: Ray Windsor, City Manager
Via: Henry Engen, Director of Community Development ,14"r.
From: Valerie Humphrey, Engineering Division
SUBJECT:
Establishment of Stop intersections at various locations.
RECOMMENDATION:
Traffic Committee recommends that Council approve a stop sign
on Corriente at Santa Ana, on Corona at Santa Ana, and the
establishment of a 2-way stop on Balboa at Santa Ana.
DISCUSSION:
Responding to a request from the Street Supervisor, the
Traffic Committee reviewed these locations and determined that the
placing of stop signs would improve safety to the traveling public.
FISCAL IMPACT.
The cost of these improvements would be approximately $400. 00
to be paid out of currently budgeted funds.
Attachments:
Resolution No. 18-93 - Stop on Corriente at Santa Ana
Resolution No. 19-93 - Stop on Corona at Santa Ana
Resolution No. 20-93 - Stop on Balboa at Santa Ana
(?000"i-1,
RESOLUTION NO. 18-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A STOP INTERSECTION ON CORRIENTE AVENUE AT SANTA ANA
WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
STOP intersections, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic committee has recommended that
establishing a STOP intersection on Corriente Avenue at Santa Ana
will improve traffic safety.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings indicating the STOP intersection at the location
listed above.
On motion by Councilmember and seconded by
Councilmember , the foregoing Resolution is hereby adopted
in its entirety on the following roll all vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
()000` ,
EXHIBIT A
RESOLUTION NO. 18-93
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RESOLUTION NO. 19-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A STOP INTERSECTION ON CORONA ROAD AT SANTA ANA
WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
STOP intersections, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic committee has recommended that
establishing a STOP intersection on Corona Road at Santa Ana will
improve traffic safety.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings indicating the STOP intersection at the location
listed above.
On motion by Councilmember f and seconded by
Councilmember the foregoing Resolution is hereby adopted
in its entirety on the following roll all vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
EXHIBIT A
RESOLUTION NO. 19-93
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RESOLUTION NO. 20-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO i
DESIGNATING A STOP INTERSECTION ON BALBOA ROAD AT SANTA ANA
WHEREAS, Section 4-2 . 801 et seq. of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
STOP intersections, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic committee has recommended that
establishing a 2-way stop intersection on Balboa Road at Santa Ana
will improve traffic safety.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings indicating the STOP intersection at the location
listed above.
On motion by Councilmember , and seconded by
Councilmember , the foregoing Resolution is hereby adopted
in its entirety on the following roll all vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
0000'".7.
EXHIBIT A
RESOLUTION NO. 20-93
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REPORT TO COUNCIL
CITY OF ATASCADERO Agenda Item: B-4
Through: Andy Takata, Assistant Meeting Date: 04/13/93
City Manager
File Number: TTM 92003
From: Henry Engen, Community Development Director 44,
SUBJECT
Consideration of a request to create a five-unit residential con-
dominium project, including the conversion of one existing unit and
the construction of four new units.
RECOMMENDATION:
Per the Planning Commission' s recommendation, approve Tentative
Tract Map #92003 based on the Findings contained in the attached
staff report and the Revised Conditions of Approval.
BACKGROUND:
On March 16, 1993, the Planning Commission conducted a public
hearing on the above-referenced subject. After discussion (see
attached minute excerpts) the Planning Commission, on 6 : 0 vote
(Commissioner Berger was absent) , recommended approval of Tentative
Tract Map 92003 in accordance with staff' s recommendations and the
attached Revised Conditions of Approval .
HE :ph
Attachment: Staff Report - March 16, 1993
Revised Conditions of Approval - March 16, 1993
Planning Commission Minute Excerpts — March 16, 1993
cc: Turko Semmes
Cuesta Engineering
CITY OF ATASCADERO Item: B • 1
STAFF REPORT
FOR: Planning Commission Meeting Date: March 16, 1993
BY: Doug Davidson, Senior Planner File No: TTM 92003
SUBJECT:
To consider a request to create a five unit residential
condominium project, including the conversion of one existing
unit and the construction of four new units.
RECOMMENDATION:
Staff recommends approval of Tentative Tract Map 92003 based on
the Findings in Attachment H and the Conditions of Approval in
Attachment I .
SITUATION AND FACTS:
1. Owner. . . . . . . . . . . . . . . . . . . . . . . .Turko Semmes
2 . Project Address. . . . . . . . . . . . . .7365 Santa Ysabel
3. General Plan Designation. . . . .High Density Multiple Family
4. Zoning District. . . . . . . . . . . . . .RMF/16
5. Site Area. . . . . . . . . . . . . . . . . . . . 0.39 acre
6 . Existing Use. . . . . . . . . . . . . . . . .Single Family Residence
7 . Environmental Status. . . . . . . . .Negative Declaration posted
on January 26, 1993.
ANALYSIS•
The request is to create a five unit condominium project,
consisting of the conversion of one existing single family
residence and the construction of four new dwellings. The
project will be reviewed in light of the City' s Multiple Family
Development Standards, Appearance Review Guidelines, and
Condominium Conversion Ordinance.
Multiple Family Development Standards
The project complies with the property developmentstandards for
multiple family zones as contained in Zoning Ordinance Section 9-
3. 176, with the exception of storage space. These', standards
include coverage, outdoor recreational space, fencing, and
parking. A condition is recommended to ensure that the units
provide the required 100 square feet of storage area.
Chapter 4 of the Zoning Ordinance contains development standards
such as setbacks, height, parking, as well as drainage control.
Again, the proposed project is basically in compliance with the
standards.
Five two-bedroom units require eleven parking spaces, five of
which must be covered. The proposed site plan provides twelve
parking spaces, six of which are covered. Furthermore, the Fire
Department has approved the site layout suitable for emergency
access and determined that the existing hydrants in the area are
sufficient for fire fighting.
Chapter 4 of the Zoning Ordinance also contains requirements for
drainage control and public street improvements. Street widening
and curb, gutter, and sidewalk will be constructed in conformance
with the previously approved Santa Ysabel Reconstruction Plans.
. The plans also include a storm drain as a mitigation measure
against increasing the rate of water flow onto adjacent
properties.
Appearance Review Guidelines
All multiple family projects are reviewed in light of the City' s
Appearance Review Guidelines. In this case, the design takes the
Guidelines into account, while at the same time realizing that
the project is intended for moderate income individuals. The
building elevations (Attachment E) indicate dwellings with
horizontal wood siding and shingle roofs, including "scalloped
shingles in the gable roof sections. Decorative wood fencing and
the planting of new landscaping will complete an attractive
multiple family project. The existing residence should be
painted to match the earth tone colors of the new dwellings.
Condominium Conversion Ordinance
The Condominium Conversion Ordinance, adopted on January 8, 1991,
requires submittal of property condition reports, including
structural condition and pest control. A note will be placed on
the map notifying prospective purchasers of the existence of
these reports. A recommended Condition ensures that any
necessary improvements are made to the existing residence prior
to conversion for sale.
���)01
CONCLUSIONS•
A five-unit multiple family project normally would be an
administrative process (Precise Plan) done at the staff level.
The proposal for residential condominiums, however, requires
action by the Planning Commission and City Council. Under the
City' s standard of consolidated processing, one project approval
may be granted for the highest level of review required. Thus,
the current application obtained a comprehensive review
encompassing the Multiple Family Development Standards of the
Zoning Ordinance and Appearance Review Guidelines, as well as the
Subdivision Ordinance, including the Condominium Conversion
Ordinance. This review process, along with a thorough response
by the applicant to the Determination of Completeness, has
resulted in a development which meets the City' s development
standards for multiple family projects.
ATTACHMENTS: Attachment A - Zoning Map
Attachment B - General Plan Land Use Map
Attachment C - Tentative Parcel Map
Attachment D - Site Plan
Attachment E - Elevations
Attachment F - Floor Plan
Attachment G - Negative Declaration
Attachment H - Findings for Approval
Attachment I - Conditions of Approval
J ~� ATTACHMENT A
CITY OF AIASC.ADLRO ZONING MAP
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ATTACHMENT G
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CITY OF, ATASCADERO
EN IRONMENTAL COORDI'iMYATOR
.41 NEGATIVE D ECI ARATION
COWAUN=DEVELOP?yMVr DE?r. 6500 PALMA AVE. ATASCADERO. CA. 93422 (805) 461-5035
APPLICANT: T U R K O S E M M E S
7360 EL CAMINO REAL - SUITE D
PROJECTTT=: TENTATIVE TRACT MAP 92003
PROJECT LOCATION: 7 3 6 5 SANTA Y S AB E L
PROJECT DESCRIPTION:
TO CREATE A FIVE-UNIT RESIDENTIAL CONDOMINIUM PROJECT BY THE CONVERSION
OF ONE EXISTING SINGLE FAMILY RESIDENCE AND THE CONSTRUCTION OF FOUR (4)
NEW DWELLING 'UNITS .
FIP+'DPi tCtS:
.. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-te M." environmental goals.
3. The project does act have impacts whic_2 are individually.limited.but comulatively considerable.
4. The project will rot cause substantial adverse effects on human beings tithe_ directly or indirectly.
DETEERUMATION:
Based on the above dndings, and the information contained in the initial study(made a part hereof by refer-
ence and on ffie in the Community Development Department), it has been determined that the above project
wil'. not have an adverse imoact on the erx=onment.
{
He.^.-r Engen
v
Community Development Director
Date Posted: JANUARY 26 , 1993
Date :adopted:
C=I.-Cm
Attachment H - Findings for Approval
Tentative Tract Map 92003
7365 Santa Ysabel (Semmes)
February 16, 1993
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS•
1. The proposed map is consistent with the applicable
General or Specific Plan.
2. The design and/or improvements of the proposed subdivision
is consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
4 . The site is physically suitable for the proposed density of
development.
5. The design of the subdivision, as conditioned, and the
proposed improvements, will not cause substantial
environmental damage or substantially and avoidably injure
fish and wildlife or their habitat.
6 . The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The design of the subdivision and/or the type of proposed
improvements will not cause serious health problems.
CONDOMINIUM CONVERSION FINDINGS:
1. All provisions of the Condominium Conversion regulations
have been met or will be met;
2 . The proposed conversion is consistent with the General Plan;
3. There exists adequate facts to support the findings required
under the Subdivision Map Act (see above) ;
4. The proposed conversion of one unit will not displace a
significant number of low-income or moderate-income
households or senior citizens at a time when no equivalent
housing is readily available in the City.
PROJECT FINDINGS:
1. The proposed project is consistent with the General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance',.
3. The establishment and subsequent operation or conduct of the
use will not, because of the circumstances and conditions
applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or
persons residing or working in the neighborhood of the
use, or be detrimental or injurious to property in the
vicinity of the use.
4. The proposed project will not be inconsistent; with the
character of the immediate neighborhood or contrary to its
orderly development.
5. The proposed use or project will not generate' a volume of
traffic beyond the safe capacity of all roads providing
access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that would result
from full development in accordance with the Land Use
Element.
6 . The proposed project is in compliance with the City' s
Appearance Review Guidelines.
Attachment I - Conditions of Approval
Tentative Tract Map 92003
7365 Santa Ysabel (Semmes)
February 16, 1993
CONDITIONS OF APPROVAL:
Engineering Division Conditions
1. All improvements in the public right-of-way shall be
constructed in accordance with the City of Atascadero
Engineering Department Standard Specifications and Drawings,
or as directed by the City Engineer.
2. An encroachment permit shall be obtained from the City
Engineering Department prior to the start of construction.
The applicant shall enter into an Plan Check/Inspection
agreement with the City.
3. Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to the recording of the final map. Road
improvements shall include, but not be limited to, the
following:
a. Pavement widening of Santa Ysabel Road across the
entire property frontage. The pavement shall be
widened to a full half-width section as detailed on the
Santa Ysabel Reconstruction Plans dated June 26, 1987 .
The pavement widening shall conform to the lines and
grades shown on the Santa Ysabel Reconstruction Plans.
b. The future storm drain shown on the Santa Ysabel
Reconstruction Plans shall be constructed at the
location shown and shall extend to the northerly
property boundary, or as directed by the City Engineer.
The northerly terminus of this portion of storm drain
shall be plugged in a manner compatible with the future
extension of the storm drain.
C. All driveway approaches shall conform to City Standard
423 .
d. R-value testing shall be done, and the pavement section
designed by a registered civil engineer to the
satisfaction of the City Engineer prior to the start of
construction. A TI = 5. 0 shall be used for the
pavement design.
4 . Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the frontage
(property line) of each parcel, or its public utilities
easement, prior to the recording of the final map.
5. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map. A six .(6 ) foot Public
Utility Easement (PUE) shall be provided contiguous to all
street frontages.
6. All relocation and/or alteration of existing 'utilities shall
be the responsibility of the developer.
7. All public improvements shall be covered with'ja 100%
Performance Guarantee and a 50% Labor and Materials
Guarantee until the public improvements are deemed
substantially complete by the City Engineer. Prior to the
final inspection of the public improvements, and before the
other guarantees mentioned in this condition are released, a
10% Maintenance Guarantee shall be posted to cover the
public improvements for a period of 1 year from the date of
the final inspection. The guarantee amounts shall be based
on an engineer' s estimate submitted by the project engineer
and approved by the City Engineer. The Guarantees posted
for this project shall be approved by the City Attorney.
8. Construction of the public road improvements ;shall be
completed, or bonded for prior to the recording of the final
map.
9 . A grading and drainage plan prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to final map approval.
10 . Offers of dedication shall be completed and recorded prior
to or in conjunction with the recording of the map.
11. A registered civil engineer shall provide a written
statement that all work has been completed and is in full
compliance with the approved plans and the Uniform Building
Code (UBC) .
12 . A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted prior to the final inspection and shall certify
that all grading was inspected and approved and that all
work done is in accordance with the plans, preliminary
report, and Chapter 70 of the Uniform Building Code.
13 . The applicant shall submit a composite utility plan signed
and approved by a representative for each public utility
company, together with the improvement plans.
14. Water meters must be installed at the developer' s expense
prior to the final inspection of subdivision improvements.
15. All utilities shall be extended to the boundaries of the
project, unless the City Engineer determines that no need
for future extension exists.
16. Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
17 . All property corners shall be monumented for construction
control and shall be promptly replaced if disturbed. All
final property corners and street monuments shall be
installed, or bonded for, prior acceptance of the public
improvements.
18. All top soil removed shall be stockpiled and evenly
distributed over all lots and slopes upon completion of
rough grading to support hydroseeding and landscaping. All
slopes areas shall be protected by hydroseeding or
landscaping.
19 . Any construction occurring between October 1 and April 1
will require and erosion control plan addressing interim
erosion control measures to be used during the construction.
The plan shall be submitted when required by the City
Engineer.
20. No buildings shall be occupied until all public improvements
are completed and accepted by the City Engineer and accepted
by the City Council for maintenance.
21. A blackline clear Mylar (0.4 mil) copy and a blue line print
of the tract map shall be provided to the City upon
recordation.
22 . A Mylar copy and a blue line print of as-built improvement
plans, signed by the registered engineer who prepared the
plans shall be provided to the City Engineer prior to the
Final Inspection. A certification shall be included that
all survey monuments have been set as shown on the tract
map.
23. Prior to recordation of the tract map, the digitized map
(Autocad or equal) for the subdivision shall be submitted to
the City.
24 . A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth herein shall be submitted for review and approval in
accordance with the City' s Subdivision Ordinance and the
Subdivision Map Act prior to recording of the final map.
a. Monuments shall be set at all new property corners
by a Registered Civil Engineer or Licensed Land
Surveyor as required by the Land Surveyors Act and
Subdivision Map Act. Monuments set within any
road right-of-way shall conform to City Standard
426.
b. Pursuant to section 66497 of the Subdivision Map
Act the engineer or surveyor shall notify the City
Engineer in writing that the monuments have been
set or a monumentation bond has been posted.
C. A recently updated preliminary title report shall
be submitted for review in conjunction with the
processing of the final map.
d. A preliminary subdivision guarantee shall be
submitted for review in conjunction with the
processing of the final map.
25. The applicant shall bear the cost to acquire necessary title
or interest in any off-site land that may be required to
allow the construction of public improvements. The
applicant shall also gain concurrence from all adjacent
property owners whose ingress or egress is affected by these
improvements. The applicant shall provide public drainage
easements from the points of concentration of storm water
leaving the project boundary through adjoining properties to
the nearest natural watercourses as deemed necessary by the
City Engineer.
26. The new subdivision shall be connected to the public sewer.
Applicable annexation fees shall be paid for .:prior to the
recording of the final map.
27 . Drainage facilities shall be constructed to City of
Atascadero Standards. Each improvement shall be designed so
as to not increase the rate of flow of water onto adjacent
properties. An exception to this may be permitted by the
City Engineer if there are adequate downstream facilities or
natural water courses provided to handle the total flow
without adverse affect on other properties. All work shall
be completed, or bonded for prior to recording the final
map.
Planning Division Conditions
28. A property condition report for the existing residence to be
converted shall be submitted with the Final Map application
and any recommended improvements shall be completed prior to
recording the map. The report shall contain the following:
a. Provision for smoke detectors mounted on the ceiling or
wall at a point centrally located in the area giving
access to rooms used for sleeping purposes.
b. The existing residence shall be painted to match color
of the four new dwellings.
C. A detailed condition for all elements of the structure
including foundations, ventilation, utilities, walls,
roofs, windows, and mechanical equipment.
d. Evidence that the internal walls meet sound attenuation
standards and that all current energy conservation
standards are met.
e. Identification of any defective or unsafe situations
and recommendations for improvement to a safe
condition.
f. A report from a licensed pest-control operator
describing the presence of wood destroying organisms
and recommendations to correct structural damage, if
any.
29 . Each of the four new dwellings shall be provided with 100
square feet of storage space, exclusive of closets. The
existing residence to be converted shall be provided with a
minimum of 100 cubic feet of storage area.
30. The provision of gas, electricity, and water within each
unit shall be separately metered with circuit breakers and
shutoff valves for each unit.
31. Six foot fencing as shown in detail on Sheet S-1 of plans
shall be installed along the entire rear and side property
lines, except within the front 25 foot setback.
32. The applicant shall establish Covenants, Conditions, and
Restrictions (CC&Rs ) for the regulation of land use, control
of nuisances, and architectural control of the site and
buildings.
a. These CC&Rs shall be submitted for review and approval
to the Community Development Department prior to
approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
33. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
Attachment I - Conditions of Approval
Tentative Tract Map 92003
7365 Santa Ysabel (Semmes)
Revised by the Planning Commission March 16, 1993
CONDITIONS OF APPROVAL:
Engineering Division Conditions
1. All improvements in the public right-of-way shall be
constructed in accordance with the City of Atascadero
Engineering Department Standard Specifications and Drawings,
or as directed by the City Engineer.
2. An encroachment permit shall be obtained from the City
Engineering Department prior to the start of construction.
The applicant shall enter into an Plan Check/Inspection
agreement with the City.
3. Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to the recording of the final map. Road
improvements shall include, but not be limited to, the
following:
a. Pavement widening of Santa Ysabel Road across the
entire property frontage. The pavement ,shall be
widened to a full half-width section as detailed on the
Santa Ysabel Reconstruction Plans dated 'June 26, 1987 .
The pavement widening shall conform to the lines and
grades shown on the Santa Ysabel Reconstruction Plans.
b. The future storm drain shown on the Santa Ysabel
Reconstruction Plans shall be constructed at the
location shown and shall extend to the northerly
property boundary. The northerly terminus of this
portion of storm drain shall be plugged in a manner
compatible with the future extension of the storm
drain.
Drainage facilities shall be constructed to City of
Atascadero Standards.
C. All driveway approaches shall conform to City Standard
423 .
d. R-value testing shall be done, and the pavement section
designed by a registered civil engineer ,to the
satisfaction of the City Engineer prior to the start of
construction. A TI = 5. 0 shall be used for the
pavement design.
4 . Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the frontage
(property line) of each parcel, or its public utilities
easement, prior to the recording of the final map.
5. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map. A six (6 ) foot Public
Utility Easement (PUE) shall be provided contiguous to all
street frontages.
6 . All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
7 . All public improvements shall be covered with a 100%
Performance Guarantee and a 50% Labor and Materials
Guarantee until the public improvements are deemed
substantially complete by the City Engineer. Prior to the
final inspection of the public improvements, and before the
other guarantees mentioned in this condition are released, a
10% Maintenance Guarantee shall be posted to cover the
public improvements for a period of 1 year from the date of
the final inspection. The guarantee amounts shall be based
on an engineer' s estimate submitted by the project engineer
and approved by the City Engineer. The Guarantees posted
for this project shall be approved by the City Attorney.
8. Construction of theP
ublic road improvements shall be
P
completed, or bonded for prior to the recording of the final
map.
9 . A grading and drainage plan prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to final map approval.
10 Offers of dedication shall be completed and recorded prior
to or in conjunction with the recording of the map.
11. A registered civil engineer shall provide a written
statement that all work has been completed and is in full
compliance with the approved plans and the Uniform Building
Code (UBC) .
12 . A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted prior to the final inspection and shall certify
that all grading was inspected and approved and that all
work done is in accordance with the plans, preliminary
report, and Chapter 70 of the Uniform Building Code.
13 . The applicant shall submit a composite utility plan signed
and approved by a representative for each public utility
company, together with the improvement plans.
14 . Water meters must be installed at the developer' s expense
prior to the final inspection of subdivision improvements.
15. All utilities shall be extended to the boundaries of the
project, unless the City Engineer determines that no need
for future extension exists.
16 . Any utility trenching in existing streets shall be overlayed
to restore a smooth riding surface as required by the City
Engineer.
17 . All property corners shall be monumented for construction
control and shall be promptly replaced if disturbed. All
final property corners and street monuments shall be
installed, or bonded for, prior acceptance of the public
improvements.
18. All top soil removed shall be stockpiled and evenly
distributed over all lots and slopes upon completion of
rough grading to support hydroseeding and landscaping. All
slopes areas shall be protected by hydroseeding or
landscaping.
19 . Any construction occurring between October 1 and April 1
will require and erosion control plan addressing interim
erosion control measures to be used during the construction.
The plan shall be submitted when required by the City
Engineer.
20. No buildings shall be occupied until all public improvements
are completed and accepted by the City Engineer and accepted
by the City Council for maintenance.
21. A blackline clear Mylar ( 0.4 mil) copy and a blue line print
of the tract map shall be provided to the City upon
recordation.
22 . A Mylar copy and a blue line print of as-built improvement
plans, signed by the registered engineer who prepared the
plans shall be provided to the City Engineer prior to the
Final Inspection. A certification shall be included that
all survey monuments have been set as shown on the tract
map.
23. Prior to recordation of the tract map, the digitized map
(Autocad or equal) for the subdivision shall be submitted to
the City.
24 . A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth herein shall be submitted for review and approval in
accordance with the City' s Subdivision Ordinance and the
Subdivision Map Act prior to recording of the final map.
a. Monuments shall be set at all new property corners
by a Registered Civil Engineer or Licensed Land
Surveyor as required by the Land Surveyors Act and
Subdivision Map Act. Monuments set within any
road right-of-way shall conform to City Standard
426.
b. Pursuant to section 66497 of the Subdivision Map
Act the engineer or surveyor shall notify the City
Engineer in writing that the monuments have been
set or a monumentation bond has been posted.
C. A recently updated preliminary title report shall
be submitted for review in conjunction with the
processing of the final map.
d. A preliminary subdivision guarantee shall be
submitted for review in conjunction with the
processing of the final map.
25. The applicant shall bear the cost to acquire necessary title
or interest in any off-site land that may be required to
allow the construction of public improvements.
26. The new subdivision shall be connected to the public sewer.
Applicable annexation fees shall be paid for prior to the
recording of the final map.
Planning Division Conditions
27. A property condition report for the existing residence to be
converted shall be submitted with the Final Map application
and any recommended improvements shall be completed prior to
recording the map. The report shall contain the following:
a. Provision for smoke detectors mounted on the ceiling or
wall at a point centrally located in the area giving
access to rooms used for sleeping purposes.
b. The existing residence shall be painted to match color
of the four new dwellings.
C. A detailed condition for all elements of the structure
including foundations, ventilation, utilities, walls,
roofs, windows, and mechanical equipment.
d. Evidence that the internal walls meet sound attenuation
standards and that all current energy conservation
standards are met.
e. Identification of any defective or unsafe situations
and recommendations for improvement to a safe
condition.
f . A report from a licensed pest-control operator
describing the presence of wood destroying organisms
and recommendations to correct structural damage, if
any.
28. Each of the four new dwellings shall be provided with 100
square feet of storage space, exclusive of closets. The
existing residence to be converted shall be provided with a
minimum of 100 cubic feet of storage area.
29. The provision of gas, electricity, and water within each
unit shall be separately metered with circuit breakers and
shutoff valves for each unit.
30. Six foot fencing as shown in detail on Sheet S-1 of plans
shall be installed along the entire rear and side property
lines, except within the front 25 foot setback.
31. The applicant shall establish Covenants, Conditions, and
Restrictions (CC&Rs) for the regulation of land use, control
of nuisances, and architectural control of the site and
buildings.
a. These CC&Rs shall be submitted for review and approval
to the Community Development Department prior to
approval of the final map.
b. These CC&Rs shall be administered by a Condominium
Owners Association.
32. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
MINUTE EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
3/16/93
ACTION MINUTES
SUBJECT: B.1. TENTATIVE TRACT MAP 92003:
Application filed by Turko Semmes for the creation of a five-unit
residential condominium project by converting one existing single
family residence and constructing four new dwelling units. Subject
site is located at 7365 Santa Ysabel. (CONTINUED FROM THE
PLANNING COMMISSION MEETING OF FEBRUARY 16, 1993).
STAFF RECOMMENDATION: (Davidson)
Staff recommends approval of Tentative Tract Map 92003 based on the Findings
in Attachment H and the Conditions of Approval in Attachment I.
TESTIMONY:
John Falkenstien, Cuesta Engineering, representing the applicant, addressed
Conditions 3, 25 and 27, requesting they be more specific, feeling they are unclear
and onerous as written.
ACTION: Approve TTM 92003, subject to the following revisions:
Condition 3(b) amended to delete "or as directed by the City
Engineer" from sentence 1 , and add to the condition, "Drainage
facilities shall be constructed to City of Atascadero Standards. "
(formerly the first line of Condition 27, deleting the remainder of
Condition 27);
Condition 25 amended to delete all but the first sentence.
Motion: Miller
Second: Carden
AYES: Edwards, Lochridge, Carden, Hanauer, Miller, Johnson
NOES: None
ABSENT: Berger
0
(Page 3 of 8)
()(i00'11_-
REPORT TO COUNCIL Meeting Date: 4-13-93
CITY OF ATASCADERO Agenda ,Item: B-5
THROUGH: Ray Windsor, City Manager
VIA: Henry Engen, Director of Community Development
FROM: Mark Markwort, Chief of Wastewater Operations IrSc
SUBJECT:
Contract Award For Portable Hydraulic Pump Unit.
RECOMMENDATION•
Award Contract to R.F. MacDonald Company for the purchase of
a Portable Hydraulic Pump Unit capable of providing backup and
bypass support for Wastewater Pumping Station #5.
BACKGROUND•
Wastewater Pumping Station #5 (PS5) is the heart of the City' s
wastewater collection system pumping over 72% of the City's
wastewater to the treatment facility. Constructed in 1983, this
pumping station has been plagued with pump reliability problems
since it was put into service. In December of 1991 a study of
upgrade options for this station was completed by Brown and
Caldwell Consultants. Brown and Caldwell concluded that a
$418, 000. 00 upgrade of this station was necessary.
Since that time, two of the three existing pumps have been
modified by the pump manufacturer and a service truck with a crane
capable of lifting the pumps for service and repair has been
purchased. The situation of PS5 has now improved to where once a
portable pump capable of providing emergency backup and repair by-
pass capabilities for this station is purchased, staff is confident
that the $418 , 000. 00 upgrade can be postponed for several years.
In addition, the Regional Water Quality Control Board has
informed Atascadero that the intentional by-passing of PS5 into
it' s unlined emergency by-pass basin, for any reason, is a
violation of Atascadero' s waste discharge requirements. Last year
while two of the pumps were being repaired by the manufacturer, the
City was required to rent a pump large enough to by-pass PS5 at a
cost of $4091. 63 . The third pump is scheduled for repair this year.
DISCUSSION•
Eight sets of specifications, complete with bid sheet, were
sent to known pump suppliers. Three pump suppliers responded with
bids. A bid summary prepared by the City Clerk is attached to this
document for your review along with unit specifications and the bid
mailing list.
After bid opening, R.F. MacDonald was contacted and asked to
re-submit a bid sheet which included the price of a higher quality
discharge hose and which also included sales tax for the four
options. R.F. MacDonald's re-submitted bid total was still lower
than the next lowest bid submitted.
FISCAL IMPACT•
$29,342 . 00
An allotment of $30,000. 00 for the purchase of this equipment
was part of the Wastewater Divisions FY 92-93 budget (Item #50300) .
Attachments:
A) City Clerk's Bid Summary.
B) Unit specifications and mailing list.
C) R.F. MacDonalds original bid sheet.
D) R.F. MacDonalds re-submitted bid sheet with cover letter.
ATTACHMENT "A"
BID SUMMARY
TO: Mark Markwort, Chief
Waste Wafter Operations
FROM: Lee Raboin
City Clerk
BID NO.: RFP 93-2
OPENED : 03/1519V
3/1519 2:00 p.m.
PROJECT: HYDRAULIC PUMP UNIT
Three proposals were received and opened as follows:
Options
Bidder Total #1 #2 #3 #4
R.F. MacDonald Co. $26,081.00* 534.00 209.00 1,693.00 489.00
13825 Artesia Blvd.
Cerritos, CA 90701
Foothill Eng. Co. 27,570.54 1,007.14 300.00 2,500.00 210.00
905 E. Third Street
Corona, CA 91719
Bear State Pump/Equip. 44,073.32 All options included in total bid
2115 So. Hellman, #H
Ontario, CA 91761
* MacDonald Company's bid broke down as follows: Total Price $24,143.00 plus
$1,938.00 in freight charges.
Please Note: Also received, from Bogie's Pump Systems of Fresno, a decline to bid.
Attachments: 3 bids
1 decline
ATTACHMENT "B"
CITY OF ATASCADERO s
STATE OF CALIE'ORNIA
NOTICE TO BIDDLRS
SID 3-02
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of Atascadero, State of
California, will receive sealed bids pursuant to Specification No. WWE-293 at
the City Clerk's Office, 6500 Palma Street, on March 15. 1993 at 2:00 um., at
• which time they will be publicly opened and read aloud, for the purchase of the
followings
(1) One hydraulic driven centrifugal submersible pump.
(2) One diesel powered hydraulic power unit mounted on a single axle
highway legal trailer with surge brakes.
Options:
(1) One set of 50' hydraulic hoses with snap type quick disconnects on bath
ends.
(2) 50 feet of Blue Line flat discharge hose with camlock fittingo.
(3) One pump transport basket attached to trailer.
(4) one crane w/winch (electric powered) mounted on trailer.
Bids received after said time will not be considered.
Each bid shall be submitted in a sealed envelope plainly markeda
"Proposal for Hydraulic_Pump Unit Specification No. WWM-29311
Each bid shall be made out on a bid form as provided. A copy of which may be
obtained from the Department of Public Works. Prices shall include State and
local sales taxes separately identified.
The City of Ataseadero reserves the right to accept such bid or bids as may be
deemed most advantageous to the City, the right to wave any informality in a
bid, and the further right to reject any and all bids.
Each bid shall be submitted on an annotated copy of the specifications. Each
bid shall specify completely each and every item as set forth in the
specifications. Any and all exceptions to the original specification must be
clearly stated in the bid. Failure to set forth any exception shall be grounds
for refection of the bid. All supportive pamphlets and brochures are to
accompany the bid.
Additional information may be obtained by contacting Mark Markwort at (805) 461-
7607.
CITY OF ATASCADERO
Lee Raboin �e,J---
City Clerk
0000
CITY OF ATASCADERO
STATE OF CALIFORNIA
SPECIFICATION NO. WWE-293
TABLE OF CONTENTS
Page
General Bid Terms and Conditions... ........ ........... .. . . . . . . . . . .. . .. 1- 3
SpeciaL Bid Terms and Conditions........... ............ .. . .. .......... 4
BidSpecifications—.. .. .. . ............. ...... ....... .. ... .. .... .. . .. 5-7
BidSubmission Form. . . . .. ............. . ... ................ . 8
Mailing List. . . . . . . . . ... . . . .. .... .................. . . .. . . .. ..... ... ... 9
0000.'
CITY OF ATASCADER0
GENERAL BID TERMS AND CONDITIONS
HYDRAULIC PUMP UNIT
(SPCN WWE-293)
1. Requirement to Meet All Bid Terms and Conditions - Each bidder shall meet
all of the specifications and bid terms and conditions. By virtue of the bid
submission and acceptance of the bid award, the bidder acknowledges agreement
with and acceptance of all provisions of the specifications, except as expressly
qualified in the bid proposal. Nonsubstantial deviations may be considered
provided the bidder submits a full description and explanation of, and
justifications for, the proposed deviations. Final determinations of any
proposed deviation will be made by the City of Atascadero.
2. Bid Submission - Each bid must be submitted on the form(s) provided in the
bid package. Bid documents shall be enclosed in an envelope which shall be
sealed and addressed to the City Clerk, City of Atascadero, 6500 Palma Street,
Atascadero, CA 93422. in order to guard against premature opening, the bid
should be clearly labeled with the bid title, name of bidder, and date and time
of bid opening.
3. Bid Retention and Award - The City reserves the right to retain all bids for
a period of 60 days for examination and comparison. The City also reserves the
right to waive nonsubstantial irregularities in any bid, to reject any and all
proposals, to reject or delete one part of a proposal and accept the other,
except to the extent that the bids are qualified by specific limitations, and to
make award to the lowest responsible bidder as the interest of the City may
require.
4. Bid Quotes and Unit Price Extensions - The extensions of unit prices for the
quantities indicated and the lump sum prices quoted by the bidder must be
entered in figures in the spaces provided on the Bid Submission Form(s) . Any
lump sum bid shall be stated in figures. The Bid Submission Form(s) must be
totally completed. If the unit price and the total amount stated by any bidder
for any item are not in agreement, the unit price alone will be considered as
representing the bidder's intention and the total will be corrected to conform
to the specified unit price.
5. Bid Withdrawal - A bidder may withdraw its proposal, without prejudice prior
to the time specified for the bid opening, by submitting a written request to
the City Clerk, in which event the proposal will be returned to the bidder
unopened. No proposal received after the time specified or at any place other
than the place stated in the "Notice Inviting Bids" will be considered. All bids
will be. opened and declared publicly. Bidders or their representatives are
invited, to be present at the opening of the bids.
6. Submission of One Bid Only - No individual, or business entity of any kind
shall be allowed to make or file, or to be interested in more than one bid,
except an alternative bid when specifically requested; however, an individual or
business entity which has submitted a sub-proposal to a bidder submitting a
proposal, or who has quoted prices on materials to such bidder, is not thereby
disqualified from submitting a sub-proposal or from quoting prices to other
bidders submitting proposals.
1
��0 0
CITY OF ATASCADERO
GENERAL BID TERMS AND CONDITIONS
HYDRAULIC PUMP UNIT
(SPCN WWE-293)
7. Contract Requirements - The bidder to whom award is made shall execute a
written contract with the City within ten (10) calendar days after notice of the
award has been sent by mail to it at the address given in its proposal. The
Contract shall be made in the form adopted by the City and incorporated in these
specifications. The bidder warrants that he/she possesses, or has arranged
through subcontracts, all capital and other equipment, labor and materials to
carry out and complete the work hereunder in compliance with all Federal, state,
County, City and Special District Laws, Ordinances, and Regulations which are
applicable.
8. Failure to Accept Contract - If the bidder to whom the award is made fails
to enter into the contract: the award will be annulled] any bid security will be
forfeited in accordance with the Special Hid Terms and be made to the next
lowest responsible bidder• who shall fulfill every stipulation as if it were the
party to whom the first award was made.
9. Contract Assignment - The bidder shall not assign, transfer, convey or other
wise dispose of the contract, or its right, title or interest, of its power to
execute such a contract to any individual or business entity of any kind without
the previous written consent of the City of Atascadero.
10. Non-Discrimination - In the performance of the terms of, this contract, the
bidder agrees that it will not engage in, nor permit such subcontractors as it
may employ, to engage in discrimination in employment of persons because of age,
race, color, sex, national origin or ancestry, or religion of such persons.
11. Time of Completion - The bidder to whom the award is made shall make
delivery of a fully functional pump unit, complete according to the
specifications, within ninety (90) days of the bids acceptance. Liquidated
damages in the amount of fifty (50) dollars per day will be deducted from the
agreed upon purchase price, each day that delivery of the completely operational
Hydraulic Pump Unit is delayed.
12. Work Delays - Should the successful bidder be obstructed or delayed in the
work required to be done hereunder by changes in the work or by any default,
act, or omission of the City, or by strikes, fire, earthquake, or any other Act
of God, or by the inability to obtain materials, equipment, or labor due to
Federal Government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods
as may be agreed upon by the City and the bidder. In the event that there is
insufficient time to grant such extensions prior to the completion date of the
contract, the City may, at the time of acceptance of the work, waive liquidated
damages which may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a
finding as to the causes of same.
13. Labor Actions - In the event that the successful bidder- is experiencing a
labor action at the time of. the award of the bid (or if its suppliers or
subcontractors are experiencing such a labor action) , the City reserves the
right to declare that said bidder is no longer the lowest ;responsible bidder.
And to select the next lowest responsible bidder that is not experiencing a
labor action, and to declare it to be the lowest responsible bidder.
2
CITY OF ATASCADERO
GENERAL BID TERMS AND CONDITIONS
HYDRAULIC PUMP UNIT
(SPCN WWE-293)
14. Communications Regarding Bid - All timely requests for information submitted
in writing will receive a written response from the City. Telephone
communications with City staff are not encouraged, but will be permitted.
However, any such oral communication shall not be binding on the City.
15. Business License - All bidders should be aware of the City's Business
License Ordinance which requires that a Business License be obtained before any
business, trade, profession, enterprise, establishment, occupation, or calling
is conducted with the City. Verification that the bidder has a valid City of
Atascadero Business license will be obtained by the City prior to the execution
of the contract. Additional information regarding the City's License program may
be obtained by calling (805) 461--5017'.
16. Payment Terms - The City's payment terms are 30 days from the receipt of an
original invoice, referencing the City's Purchase Order number and acceptance of
the materials, supplies, equipment, or services (Net 30). Payment will only be
released upon authorization from the receiving Department.
3
CITY OF ATASCADERO
SPECIAL BID TERMS AND CONDITIONS
HYDRAULIC PUMP UNIT
(SPCN WWE-293)
1. COMPLETE OPERATIONAL PUMP UNIT - The unit shall be complete with all
equipment and accessories necessary for satisfactory operation. All equipment
advertised as standard shall be furnished without exception and included within
the purchase price of the unit. A copy of the manufacturer's standard
specifications for the unit bid shall be included with the bid.
2. COMPLIANCE WITH CODES AND REGULATIONS - The unit must be delivered with
all the equipment necessary to comply with current requirements established by
Cal/OSHA regulations, the California Motor Vehicle Code, and Federal Motor
vehicle Safety Standards and ANSI safety regulations.
3. MANUALS - The vendor shall provide: two (2) complete sets of operator and
service manuals. All manuals shall be furnished at time of acceptance of the
unit.
5. REGISTRATION DOCUMENTS - All documents required for trailer registration
must accompany the registration slip.
6. PRE-DELIVERY SERVICE - All pre-delivery and warranty', service shall be
provided prior to delivery of the unit to the City.
7. PARTS SUPPLY - The manufacturer/dealer shall maintain an adequate stock of
all continuing service and repair parts within the State of California for a
minimum of ten years, to be available to the City of Atascadero without undue
delay.
8. WARRANTIES - The vehicle and equipment shall be covered by all the
manufacturers' standard warranties, copies of which shall be provided. However,
the warranty shall not be for less than one year from the date of acceptance by
the City of Atascadero.
9. WARRANTY WORK - All warranty work shall be accomplished in the City of
Atascadero. Should the accomplishment of warranty work require transportation
to a facility outside of the City of Atascadero, the vendor or manufacturer
shall be responsible for said transportation.
10. DELIVERY - The price includes delivery to the City Wastewater Treatment
Plant, 8005 Gabarda Road, Atascadero, CA. 93422.
4
CITY OF ATASCADERO
HYDRAULIC PUMP UNIT
SPEC NO. WWE-293
Bidders shall indicate in the "Bidders Proposal" section, that the item bid is
exactly as specified or shall provide a description to indicate any deviation
from the specification.
MINIMUM SPECIFIC IONS REOUIRED
_Hydraulic Driven Centrifugal Submersible Pump:
The hydraulic driven centrifugal submersible pump shall be capable of pumping
the following:
A) 1763 gallons per minute at a total dynamic head of 82 feet.
B) 100 gallons per minute at a total dynamic head of 128 feet-
C) 400 gallons per minute at a total dynamic head of 50 feet.
The pump shall be 26" long x 22" wide x 24" high and will pass 2-1J2" spherical
solids. The weight of the pump shall be approximately 185 pounds.
A single submersible pump which satisfies all of the above conditions is most
desirable, however, the pump selected for purchase will primarily operate under
the conditions presented in circumstance "A".
BIDDERS PROPOSAL
5
• CITY OF ATASCADERO
HYDRAULIC PUMP UNIT
SPEC NO. WWE-293
Bidders shall indicate in the "Bidders Proposal" section, that the item bid is
exactly as specified or shall provide a description to indicate any deviation
from the specification.
MINIMUM SPECIFICATIONS REQUIRED
Hydraulic Power Unit:
Furnish one diesel engine hydraulic power unit capable of providing the power
necessary to operate the hydraulic driven centrifugal submersible pump proposed
by the bidder while operating under the conditions specified.
The hydraulic power unit shall be equal to Model number DH 120 CS as
manufactured by H & H Pump Company or approved equal. Engine shall have a
minimum intermittent rating of 120 horsepower and a continuous rating of 91
horsepower at 2200 RPM.
The power unit shall have an open-center hydraulic oil circuit capable of
powering the hydraulic motor on the pump specified on a continuous operating
basis. System shall include a double hydraulic vane pump mounted to the engine
flywheel, a minimum 50-gallon hydraulic reservoir with suction strainer,
removable top, low oil level and high temperature shutdown switches, sight
glass, return line, 25 micron oil filter, hydraulic oil cooler, pressure gauge,
relief valve actuated by a needle valve, low temperature thereto valve, quick
disconnect couplings, suction line and vacuum gauge, filter pressure gauge. and
internal hoses and fittings.
The power unit hydraulic circuit shall be capable of supplying 63 gallons per
minute at 2500 pounds per square inch on high range at 2200 RPM engine speed.
Rating shall be continuous (8-hour) rating with a hydraulic oil temperature rise
of 60 degrees F. ambient.
The diesel engine shall be a model 4STA3.9 as supplied by Cummins Engine Company
or approved equal. The engine shall be four-cylinder, turbocharged, aftercooled
water-cooled with a rated horsepower of 120. Engine equipment shall include a
12-volt electric starter, 625 amp battery, 110 gallon fuel tank, tachometer-
hourmeter, hand throttle, high water temperature, low oil pressure shutdown,
muffler, raincap, oil pressure gauge, water temperature gauge, and ammeter.
The diesel powered hydraulic power unit shall be mounted on a single axle
highway legal trailer'.with surge brakes.
BIDDERS PROPOSAL
6
CITY OF ATASCADERO
HYDRAULIC PUMP UNIT
SPEC NO. wwE-293
Bidders shall indicate in the "Bidders Proposal" section, that the item bid is
exactly as specified or shall provide a description to indicate any deviation
from the specification.
MINIMUM SPECIFICATIONS REQUIRED
Options:
The following options shall be bid separately. The City will either select or
reject any or all of the options when the contract for purchase is issued-
(1) One set of 50' hydraulic hoses with snap type quick disconnects on both
ends.
(2) 50 feet of glueline flat discharge hose with camlock fittings.
(3) Crane with 12 volt electric winch.
Lifting Capacity = 660 Lb. extended,_ 1200 Lb. retracted.
Mounted on power unit trailer.
(4) pump carrying basket mounted to trailer.
BIDDERS PROPOSAL
7
OW) ,
BID SHEET
CITY OF ATASCADERO
HYDRAULIC PUMP UNIT
(SPCN WWE-293)
YD
BID - OPENING: March 15, 1993 at 2:00 pm.
NOTICE To BIDDERS: The bidder is required to fill out this sheet. Failure
to do so may be cause for the bid being rejected.
DEVIATIONS: List any and all deviations from the specifications, including
delivery date. All deviations will be considered part of the bidder's
specifications_ Attach extra sheets if necessary. Deviations that are
completely explained in the BIDDER'S PROPOSAL portion of the Specifications need
not be repeated.
DELIVERY DATE:
BID PRICES: F.O.S. Atascadero; include state and local sales taxes_
ITEM No. . UNIT PRICE TOTAL PRICE
Hydraulic Driven Submersible Pump I $ 5
Diesel Powered Hydraulic Power Unit 1 $ $
Sales Tax $ $
TOTAL PRICE $ $
OPTIONS:
One set of hydraulic hoses 50' $ $
Discharge Hose with Camlock Fittings 50' $ $
Crane with 12 volt electric winch 1 $ $
Pump carrying basket mounted to trailer 1 $ $
TO: City Clerk, City of Atascadero
In compliance with the above instructions and the bid terms and conditions, the
undersigned agrees, if this offer is accepted within sixty, days from the bid
opening date, to furnish any and all items upon which prices are offered, at the
price set oposite each item,. delivered at the designated points within the time
specified.
Signature and Title of Authorized Agent Date -
Name of Firm
Address
Telephone No:
8
0000-10
CITY OF ATASCADE-10
HYDRAULIC ?"P UNIT
MAILING LIST
WWW-291
R.(.Maacaonald Company
13825 Artesia B lvd-
Cerr_tos, Ca. 90701
(Attn: Bruce Sark)
Evans-hydro
L335 E- Spring St-
Long Beach, Ca- 90806
(Attn: 3. Allen Schneider)
Guzzler Manueacturing inc_
?.O. Box 66
Birmingham, Al- 35201-878S
Gator Pump Znc-
?.O. Sox ST
Srownwood, Texas 76804-
(Attn:
6804(Attn: R. Dal% Lammons)
0 & 0 Machine r- 3ydraulics, ':"c-
10945 ;ietro ?arkway S.Z. ,
cc^ori Meyers, ? orida 33912
Sogi.e's ?ump Systems
?.0. Sox 111
(Aetna, 93707
(Attn: Bill 3oganwr_ght:)
Bear State Pump % 3qulpment_ Corp.
211-5 South aellman Ave_ Unit ii
Ontario, CA 917 L Stout)
(Agri- Richard P.
XL Associates
285 W_ Shaw, Suite 108
Fresno, CA 93704
(Attn: .Sohn P. Cronin)
9 000",
. ' ATTACHMENT "C"
• BID SHEET
CITY OF ATASCADLRO
• HYDRAULIC PUMP UNIT
(SPCH WWE-293)
BID
8I0 - OPENING: Karclh X5, 1993 at 2:00 Pa:.
NOTICE TO BIDDERS: The bidder is required to fill out this sheet_ Failure
to do so may be cause for the bid being cejected.
DEVIATIONS: List any and all deviations from the specifications, including
delivery date. All deviations will be considered pant of the bidder's
specifications. Attach extra sheets if necessary. Deviations that axe`
completely explained in the BIDDER'S PROPOSAL portion of the Specifications need
not be repeated.
DELIVERY DATE: `SFA M%M FMCS__2M
BID PRICESZ F.O.S. Atascaderop include state and local -sales taxes.
YTEM No. UNIT PRICE' TOTAL PRIG.
Hydraul to Drivers subaLarg.&bxe Pumn 1. S 3,698.00. 54698.00
Diesel Powered Hvdraulic Power-Unit L $- 191,745,00- 19.14S.00
7.25% Sales--Tax S 10700.09,', g 1j700.00
. TOTAL PRICE S 24,143,00- 0 24.143.00
FR'JiGM: CLAIMSDAWr MS TO ATASCADERO 11938.00 11938.00
Orin set of hydraulic hoses so, $ 534.00 S 534.00
Discharge Hose with Camlogrk P;t&jAgs so, S 209.00 S 209.0Q
Crane with 22 volt electxic_winch i S . 1,693.00 S - 1,693.00
Pumv carrying basket mounted to trailer L $ 489_00 ' $ 489 00
To: City Clark, city of Atascaderro
In compliance with the above instructions and the bid terms and conditions, the
undersigned agrees, if this offer is accepted within sixtydays from the bick
opening date; to furnish any and all items upon which prices are offered, at the
price set oposite each item, delivered at the designated points within the time
specified. -.
"u .1 41� GMj2ML_HNM= __MARQ1 1 Ia.-19-93
Signature and Title of Authorized Agent bate
R. F. MaCDCNUD 00MPANY
Name of Firm
13825 ARNSIA BLVD.; (ERR17M, CSA 90701- -
Address
Telephone No: (310) 802-2900
s
00001 ",
03z26z93 10:23 S 3104041146 R.F.hacDONALD CO F.01
r
ATTACHMENT "D" ?
t - -
�■ CL
131{ZS At1es i IN. 61111425,(A*M MW-M - FAX 3M 11145
PUMPS METERS a BOILERS
ShMVING YOU SINCE 1936
March 26, 1993
Bid 1: 93-02
Spoofs WWE-293
FQI: 93-209
City of Atasoadero
Hydraulic Pump Unit
6500 Palma
Ataccadero, CA 93422
Attention: Mark
Mark;
Per your request, we are quoting you on 611 x 501 of Red Hose with
eamlook fittings. The price is reflected on the attached SXD
SHEET, also in the total price and sales tax for all the options,
You will receive a hard Copy of this quote in the mail.
sine ely,
Khalid B. shams
Application Engineer
KBS/lp
Other 100e110m:
FOSTER CITY,CA 04404 MODEM,CA 95331 RENO,NN 09502
971 Foster City Otvd. 1549 Cummins Drive 4600 Katzle Lori AD-1W
4161674-Q110 I FAX 4161674-1007 209/5713.07281 FAX 209/57619112 702Ie29,2304 I FAX 702NI29-AIM
000"r '
03Z26i93 10+24 S 3104041146 R.F.HacDONALD CO P.02
SLD SMT
CITY Of ATASCADBEtO
WORMT.0 J?VHP VNIT
(SPCN wwL-293)
111010
BID - OPSNZNGS Narah 1S, 1993 at 2e00 pay.
NOTICE To SIDDERSs The bidder is required to till out this sheets r&Llure
to do so saay be aAase for the bid being Kajictod.
DEVIAT=ONS: List any and all deviatLons from the specifications, including
delivery date. All deviations will be conaidered psrG of ths';bi"WIS
specifications. httaah extra aheeta if eecossary. Deviations that are
Completely explained in the BIDDER'S PROPOSAL portion of the SCgmMeations need
not be repeated.
DBLIVZRY DATE: • ChD 20 W
BID PRtcuss !`.O.B. Ata•acaderal include state and local gales t&x6s.
ITEM No. , ' UNIT PRICE TOTAL PAIGE
1 S.«.� ....'
422-22-
Dtoa..�.d Pomrad Emr, chit _ 2 S.r4 aT �...1s7A5.00_
7.25% 8ais• Tax 117.00 700.00
TOTAL VjaCZ S..UN1l3,00. 824JAL99-
�s csv�tw , MS 70►.ATASt 1,938.00 11936.00 s
one met of wrauxic hasev,
R soba ue Hum..im- -�=ml+�k 'P �t Amn so♦ S. 325 $-
moans a h 12 vo t 6162Wc w nch 1 1.693.00; 0.. 1,693.00
Es Tax 3 - 220.00 220.00
TOs City Clerk, City Qf htAucadero -
TmAL PRICE $ 3,261.00 $ 3,261.00
In compliance with the above iastruotlons "d the bid teraw and conditLoas, the
undersigned agrees, if this offer is accepted within sixty days frooa tbs bid
opening date, to furnish any and all items upon which pri.ceo AVO Ofhih tins tthe
ime
price set oposite each iteao, delivered at the designated polet
spegif od. •.
Signature cad Title of Authorised Agent date
It. la. MCDONAID OONWMW
Nage of Eixo
13825 ARTMR CMWITMCA 90701
1►ddreas '
Telephone No: 1310) 802-29Q _.� ..
REPORT TO CITY COUNCII, Meeting Date: 04/13/93
CITY OF ATASCADERO Agenda Item: B-6
Through: Andy Takata, Assistant City Manager
From: Michael P. McCain, Fire Chief
SUBJECT:
San Luis Obispo County Regional Hazardous Material Response
Team
RECOMMENDATION:
By resolution, authorize City of Atascadero to participate in the
San Luis Obispo County Regional Hazardous Materials Response Team.
BACKGROUND:
The Fire Chiefs of San Luis Obispo County, working in
conjunction with Environmental Health, Sheriff's Department,
Department of Transportation, California Highway Patrol, Office of
Emergency Services and others, have completed a three year analysis
of the impacts and capabilities of local emergency responders in
hazardous materials related incidents.
Currently, no single governmental agency or private business is
capable of providing an emergency response meeting the standards
and expectations of the San Luis Obispo County Regional Hazardous
Materials Team.
Each and every community within San Luis Obispo County is at
risk of a hazardous materials incident requiring a response capability
that does not exist at this time.
The San Luis Obispo County Office of Emergency Services will
administer cost recovery, grant research and application, clerical
assistance, and coordination with local agency representatives.
Participation in the San Luis Obispo County Regional Hazardous
Materials Response Team will provide participating agencies with a
qualified, cost-effective and locally controlled hazardous materials
emergency response system.
•
00 001 `�
Report to City Council
4/13/93
Page 2
FISCAL R"ACT:
Participation in this program will offer a very cost-effective
approach to providing the City of Atascadero with a safe and reasonable
solution to mitigate a potentially very expensive hazardous materials
problem. The amount of a General Fund appropriation will be
dependent upon number of jurisdictions participating. Current
projected costs, considering that the County and all seven cities
participate, could be in the range of $1000-$1500 annually. It should
be noted that ongoing costs may be deferred, dependent upon State
and Federal grant monies and the success of cost-recovery efforts.
The initial start-up, training and basic operation costs have already
been funded via approved grants.
At this time, we have one Hazardous Materials Specialist who
will train and respond on the County team. Through cost recovery
there would be reimbursement for his time on most emergencies,
however, it is anticipated that costs for team training (overtime) could
run as high as $500 annually. All other members of the department
are certified Hazardous Materials First Responders which is a state
mandate.
Attachment: Proposed Resolution No. 22-93
00001 n
RESOLUTION NO. 22-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING PARTICIPATION
IN A SAN LUIS OBISPO COUNTY REGIONAL HAZARDOUS
MATERIALS RESPONSE TEAM
WHEREAS, the citizens of San Luis Obispo County are at risk of a
hazardous materials incident, and;
WHEREAS, no single jurisdiction can afford, or logistically
support a hazardous materials response team that complies with the
state and federal regulations regarding hazardous materials teams,
and;
WHEREAS, a cooperative agreement between the fire
jurisdictions from San Luis Obispo County with assistance from private
industry will provide a cost-effective and timely approach to
protecting our communities;
NOW, THEREFORE BE IT RESOLVED, that the City Council of
the City of Atascadero does hereby adopt this resolution to authorize
participation in a San Luis Obispo County Regional Hazardous Materials
Response Team.
On motion by Councilperson and seconded by
Councilperson the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN. City Clerk ROBERT P. NIMMO, Mayor
0000,
Resolution No. 22-93
Page Two
APPROVED AS TO CONTENT:
W:L,jj P '1nnCc
MICHAEL P. MCCAIN, Fire Chief
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
00001•�q
5
03/93 7..._:<_..,
M E M O R A N D U M
TO: Assistant City Manager Andy Takata and Members of
the City Council
FROM: Chief of Police
SUBJ: Art Project - Police Facility
DATE: March 23, 1993
As I had mentioned in our last City staff meeting, during
the past few months I've been talking with Linda Wargo who
is the Art Program Director at Atascadero State Hospital
about the feasibility of an art project which would
ultimately enhance the police facility. Ms. Wargo believes
she can obtain part of the funding from Chevron Corporation,
and we would seek other funds from local service clubs.
Initially, we envisioned doing some sort of a large mosaic
ceramic tile mural on the face of our retaining wall in
front of the P.D. which might depict the City history or
some sort of law enforcement-related images. A local art
teacher (Jeanine Kirkpatrick of Santa Lucia School) has
suggested that she and her students develop some ideas
following visits to the P.D. , then create some appropriate
• art work for staff and Council to consider.
These thoughts evolved to the suggestion that we place the
completed ceramic art work as a series of images epoxied to
the full length of the retaining wall in front of the P.D.
(Each of the works could be approx. 2' x 21 . )
The ideas, in painting form from students, would be
translated into a ceramic medium by the patients of
Atascadero State Hospital under the direction of Art
Director Linda Wargo. Last week I saw some examples of the
artwork from Ms. Kirkpatrick's art class, and I was
favorably impressed with the creativity and skill of her
students!
The City Council, of course, would have final approval of
the works to be displayed, and it is well understood that we
cannot expend City funds on such a project at this time.
I believe this to be a very positive community-wide
collaboration, and therefore seek Council conceptual
approval .
RICHARD H. McHALE
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No,: C-1
Through: Andy Takata, Asst . City Manager
Meeting Date : 4-13-93
File No : LLA 93-001
RA 93-001
Via: Henry Engen, Community Development Director',
From: Steven L. DeCamp, City Planner
SUBJECT:
Request for consideration of a road abandonment and lot line
adjustment request that conflicts with prior council action on
the issue .
RECOMMENDATION:
Staff recommends that the Council leave intact its prior approval
requiring that the subject parcels be legally merged as a
condition of approval of the road abandonment .
BACKGROUND:
In 1991, Kelly Gearhart applied for a Road Abandonment (RA 01-91)
and Lot Line Adjustment (LLA 01-91) for parcels he owned located
on Curbaril Avenue. Mr. Gearhart' s intent was to merge that
portion of the Curbaril right-of-way to be abandoned with his
non-conforming residential lots .
The two (2) lots contain a single family dwelling which was
constructed across the property line prior to the incorporation
of the City. With the additional land area to be acquired
through the abandonment, Mr. Gearhart planned to request a lot
line adjustment to unincumber one of the lots and make it
available for further residential development .
On August 6, 1991 the Planning Commission, by a 5 :2 vote, denied
the requested road abandonment (see Exhibit A - 8/6/91 PC
Minutes) . The Commission was silent on the question of the lot
line adjustment because without the road abandonment, the lot
line adjustment was not feasible.
The City Council, after holding a public hearing on August 27,
1991, voted unanimously to approve the road abandonment request
conditioned upon the merger of the two (2) nonconforming lots .
The minutes of that Council meeting are attached as Exhibit B.
000"(1-r)
2
REPORT TO CITY COUNCIL
LLA 93-001
RA 93-001 is
April 13, 1993
ANALYSIS:
The applicant has submitted a request for a road abandonment
(which was previously approved) and a lot line adjustment which
conflicts with the Council' s prior conditions of approval .
Rather than process this application in apparent contravention of
previous action, staff, with the concurrence of the City
Attorney, determined that the Council should first be asked
whether or not this issue is ripe for reconsideration.
There has been no discernible change in the circumstances or
conditions surrounding the issue of abandoning the subject
portion of Curbaril or the desirability of merging the two
affected parcels . The original staff report to the Council
prepared by Henry Engen is attached as Exhibit C for your review
and information. Also attached is a memorandum (Exhibit D) dated
August 20, 1991 from the Public Works Director Greg Lukeof our
addressing the road abandonment issue. Finally, a copy y
Resolution 85-91 conditionally approving the road abandonment
application is attached as Exhibit E.
ATTACHMENTS : Exhibit A - Planning Commission Minutes : 8/6/91
Exhibit B - City Council Minutes :. 8/27/91
Exhibit C - Council Report : 8/27/91
Exhibit D - Public Works Memo : 8/20/91
Exhibit E - Resolution 85-91
cc : Kelly Gearhart
PC 8/6/9 '-
PAGE
/6/9 .PAGE 2 ._
. (4onsideration of�a time extension for Tentative e
Map -89 at 7445 Cortez Avenue - Fredck'�Larso
(Cu
En Bering) '
It was noted that Item A-2 w` nt_ ready for consideration.
MOTION: By Commissioner Lochridge, second.' Commissione
Wa-age' and carried 7: 0 to approve Ste -1, A-3,
and A-4 of the Consent Calendar.
B. HEARINGS, APPEARANCES AND REPORTS
1. ROAD ABANDONMENT 01-91:
Application filed by Kelly Gearhart (Sierra Pacific
Engineering) to abandon a portion of the Curbaril Avenue
right-of-way. Subject site is located at 9325 Curbaril
Avenue.
Doug Davidson presented the staff report on this request and
referenced a lot line adjustment in conjunction with the road
abandonment which would remove an existing lot line and would
provide clear title to both parcels. Staff is recommending
approval of the application.
Commission questions and discussion followed. ,
Commissioner Johnson commented that major arterials (of which
Curbaril is one) have an ultimate build-out of 4 lanes, and
questioned the wisdom of reducing this portion of Curbaril as
Curbaril is one of the main connectors between El Camino Real
and Highway 41 .
Mr. DeCamp responded that four lanes are not proposed in this
area.
Commissioner Highland stated that one needs to recognize the
reality that between Valle and Santa Ynez ,' it is highly
unlikely that that section of Curbaril will ever go to four
lanes because of the topographical restrictions and major
construction difficulties one would have in making this area
four lanes.
Chairperson Luna asked if it would not be more prudent to wait
until the new Circulation Element is in place '.
In response to query by Chairperson Luna concerning the status
of the Circulation Element, Mr. DeCamp replied that the City
has contracted with a local consulting firm to help develop a
scope of work and are in the beginning stage at this point.
He added that the Public Works Director has reviewed this
. application and did not have a problem with the abandonment.
PC 8/6 /91
FIAGE 3
Commissioner Waage expressed concern that if the Highway 41 •
realignment does not go through, then we are giving up any
chance of ever having a halfway decent road out there. As
well, if the abandonment is approved, only 9 feet of road
would be left for a route to school program.
Discussion followed relative to development constraints if the
lot line adjustment was processed through the variance method.
- Public Testimony -
Kelly Gearhart, applicant, spoke in support of the road
abandonment and pointed out an approved subdivision toward the
east (just before the railroad tracks) which required
improving the road 25 feet from the centerline. He pointed
out that there are only three small sections that would widen
Curbaril in this area as a result of development.
Mr. Gearhart then responded to questions from the Commission.
Mike Goodwin, Cortez Avenue resident, spoke to technical
problems he has observed which pertain to the applicant' s
acquiring title to the road right-of-way. He emphasized that
there is a lot of truck traffic that uses Curbaril and while
the road is adequate for its existing use, it is narrow and
probably unsafe for pedestrian and bicyclists and should be
widened. Mr. Goodwin noted his objection to the 5, 000 square
foot lot which would result from approval of the road
abandonment and lot line adjustment.
- End of Public Testimony -
In response to query by Chairperson Luna, Mr. Decamp explained
the options available to the Commission in making a
recommendation to the Council (approval as presented by
applicant; approval with modified boundary line; findings for
denial until Circulation Element is completed, etc) . He noted
that if the abandonment is denied, the applicant would have
the right to apply for a lot line adjustment utilizing the
variance procedures.
Mr. Decamp further noted that it was common practice under
County jurisdiction to issue issue building permits for
construction on property lines with the understanding that
that property line would be abandoned and the lots merged.
Lacking any paper trail and recorded documents for this site,
it would appear that there are technically two legal lots, as
verified by the title report.
Commissioner Lochridge asked for clarification on the right-
of-way as it exists to the north and south of the subject
site, and asked if the City has given up any road development
rights. Mr. Decamp responded that the Colony right-of-way for
Curbaril is 50 feet (25 f5 from centerline) from El Camino
PC 8/5 /91
PAGE 4
Real to this point. If the City determined that additional
right--of-way would be needed for road widening purposes, or
sidewalks, it would have the right through emminent domain to
condemn that property and take the additional right-of-way
that would be necessary.
Commissioner Hanauer commented that after listening to the
discussion, he saw no reason not to recommendapproval of the
application.
Chairperson Luna countered that the Commission is essentially
being asked to abandon a right-of-way that perhaps might be
used in the future. The hesitation the Planning Comission has
is that it may not be worth the effort. The ',lot is marginal
to begin with and most of the lots in the area are 10,000
square feet. Discussion followed.
Commissioner Johnson said that he is reluctant to approve the
abandonment in light of uncertain plans as to what will happen
with the Highway 41 realignment. If it does not go through,
Curbaril will remain a major arterial and, forseeably in the
future, will have to be widened to accommodate the traffic,
trucks, etc.
MOTION: By Commissioner Highland and seconded by Commis-
sioner Hanauer to recommend to the City Council
approval of Road Abandonment 01-91 per the draft
resolution contained in Attachment E. The motion
was defeated with the following roll call:
AYES: Commissioners Highland and Hanauer
NOES: Commissioners Johnson, Rudlac, Waage, Loch-
ridge and Chairperson Luna
Chairperson Luna summarized that the general consensus appears
to be uncertainty with what the future may hold relative to
the Highway 41 realignment, Circulation Element, etc.
MOTION: By Commissioner Johnson and seconded by Chairperson
Luna to deny Road Abandonment 01-9'+1 based on the
reasons stated by the Commission (testimony) .
Commissioner Highland stated that common sense dictates that
it is absolutely ridiculous to retain a 20 foot, 200 foot long
portion of a right-of-way when that is the only section in a
2 mile stretch that is not limited to a 25 foot right-of-way.
The motion carried 5:2 with the following roll
call:
AYES: Commissioners Johnson, Lochridge, Waage,
Johnson, and Chairperson Luna
NOES: Commissioners Highland and Hanauer
E U 7-(a 8, 2 7, �7
1&41ncilwoman Borgeson reported that she had spoken with st
re4b,.rding her concerns and asked that standards to ensure ag ' nst
illeg" conversions be tightened up. Mr. Engen suggested is as
a topic�or discussion at a joint session of the City Co cil and
the Planniliq Commission.
Mayor Shiers in 'cated support for the additional c dition imposed:
by the Planning ission and for the project s a whole.
J11
MOTION: By Councilm Lilley, seconded Councilman Dexter to
approve Tentat' e Parcel Map 0 91 based on the Findings .
and subject to th revised Citions of Approval; motion
carried 5:0 by rol call6te.
x
Re: Item #10. PROPOSED COMER RELAT NS TRAINING
Councilman Lilley indidated that he wanted m e information on this
MSfi
matter. The City ager explained that the hasis was to be on
4public relationsa-16Lnd how to deal properly wit the public in a
courteous, professional manner. He confirmed that mbers of staff
; and the Cougecil could attend. Councilman Dexter an ouncilwoman
g Borgeson voiced support.
: MOTION: By Councilman Lilley, seconded by Councilman Ni o tog
s approve Item #B-10; motion unanimously carried by ill
call vote.
C. BEARINGS/APPEARANCES:
1. ROAD ABANDONMENT 01-91 Request to abandon a portion of the
Curbaril Avenue right-of-way at 9325 Curbaril Avenue (Gear-
hart/Sierra Pacific Engineering)
A. Resolution No. 85-91 - Summarily vacating a portion of a
road pursuant to Streets & Highways Code; Part 3, Public
Streets, Highways & Service Easements Vacation Law; Chap-
ter 4, Summary Vacation; 8333 (being a portion of the
Curbaril Ave. right-of-way)
Henry Engen provided background and an overview of recommendations
made by staff, the Planning Commission and by himself. He
explained that the Commission had been concerned about abandoning
the street prematurely in view of pending development of the
Circulation Element, together with the creation of an additional
marginal building site. The City Engineer, he reported, had
submitted a memo reflecting his confidence that right-of-way is
sufficient to meet any foreseeable widening of the road and added
that although he believed the advancing road abandonment to be
CC8/27/91
Page 5
appropriate; potential lot subdivision would not be wise.
• Mr. Engen then responded to questions from Council. He confirmed
that the matter did not relate to the legal issues surrounding the
"Wells Fargo" roads and that the property was not in a "Cease and
Desist" area. He also stated that construction of a bridge on
Curbaril over the Salinas River had not been a factor. The
Community Development Director added that the total size of the two
lots, if merged, would be 14,975 square feet.
Public Comments:
Eric Greening, 7365 Valle, urged Council to delay making a decision
on the abandonment in light of pending decisions on the projected
relocation of Highway 41. He stated that Curbaril is still being
considered as an alternative and a decision on the road abandonment
would be premature until all factors are known.
Council discussion followed. Councilman Nimmo and Councilman
Lilley indicated support for the Community Development Director' s
recommendation. Mayor Shiers commented that he did not see the
necessity of abandoning that portion of Curbaril: Councilwoman
Borgeson preferred that the matter be continued until after the
Circulation Element has been completed and the General Plan
updated.
Responding to a question from Councilwoman Borgeson, the City
Attorney explained that the street vacation procedure set forth in
the Streets and Highways Code does not involve property abandonment
or compensation for the road abandonment.
Councilman Dexter shared concern that a lot might be created
without a proper septic system. The Community Development Director
indicated that the owner could tear down the present house and have
two, separate building lots. He explained that, in his view, the
best option would be to erase the lot line. The applicant, he
reported, could be required as a condition of the abandonment to
merge the two lots into one.
Public Comment•
Kelly Gearhart, applicant, explained that presently, both lots could
be built without the abandonment. He stated that he wanted to
obtain the land so he could do the lot line adjustment and
clarified that he did not want to merge the lots. He asserted that
he was not going to give up a lot valued at about $75, 000 to get a
little bit of road abandonment and that if he did not get it, he
would still build a house, or tear the existing one down and build
two. Either way, he continued, he would develop both lots with or
without the abandonment and declared that the Council could not
CC8/27/91
. Page 6
stop him from building a house.
Councilwoman Borgeson asked Mr. Gearhart to confirm whether or not
he had requested the abandonment. The applicant indicated that he
had.
Mayor Shiers remarked that the land may be of use to the City in
the future. He stated that he did, however, prefer to deal with
the matter rather than continue it; other members of Council
agreed.
MOTION: By Councilman Lilley, seconded by Councilman Nimmo to
adopt Resolution No. 85-91 with the pre-condition that
the lots are merged before the abandonment is granted;
motion carried unanimously by roll call vote.
REGULAR BUSINESS:
1. TASCADERO ROADS
Before esentation of Item A, Councilwoman Borgeson sked for
clarificaon from the City Manager about the reports heduled to
follow. Mr`'indsor reported that Mary Redus Gayle, sistant City
Attorney, wou be giving a status report on her re arch on Colony
Roads . The seco d item, he explained, was the st us report on the
consultant' s work o date on rural road policie and the third item
1would be a look at, various methods for f nancing improvement
(districts. The City"Manager indicated th •t staff was hoping for
some comments from Cou it to learn what particular methods they
might support. He also a sed that in .� ght of the absence of the
Public Works Director, spe ' fic roa,04 in the "3-F Meadows" area
would not be addressed at thi times:
Y
A. Colony Roads Ownership' Status Report of Inventory
'The Assistant City Attorpey, usin a large, colored map of
Atascadero, provided an -depth repo of what she had learned
,after having examined oAer 6, 000 deeds. The map illustrated the
loriginal subdivisions,.'of Atascadero and A scadero Colony. She
(described the various categories of roads ill trated on the map as
follows: ( 1) tho e already in the City street system, (2) roads
which Citv staff_.,have preliminarily determined to be constructed in
?the very near:tuture, ( 3) roads which are to be in porated into
:the City system in five to ten years, (4 ) privately- ned streets
hand (5 ) "paper" roads that appear on subdivision maps "'prepared by
E.G. Lewis which have not been built and may never be constructed.
Os. Gayle gave a historical overview of what happened ove the
years after the City' s founder, E.G. Lewis, went bankrupt in he
],ate 1920 ' s . Ms. Gayle explained that Mr. Lewis had sold numero
CC8/27/91 •
Page 7
REPORT TO CITY COUNCIL
CITY OF ATASCADERO
AGENDA I TEM: C-1
Through: Ray Windsor, City Manager Mtg. Date: 8/27/91
From: Henry Engen, Community Dev. Director�ile No: RA 01-91
SUBJECT:
Request to abandon a portion of the Curbaril Avenue ,right-of-way at
9325 Curbaril Avenue (Kelly Gearhart/Sierra Pacific Engineering) .
STAFF RECOMMENDATION:
Approval of Road Abandonment as reflected in draft Resolution
contained in staff report to Planning Commission (amended to revise
subsequent recommendation of the Planning Commission) .
PLANNING COMMISSION RECOMMENDATION:
Denial of Road Abandonment 01-91.
COMMUNITY DEVELOPMENT DIRECTOR'S RECOMMENDATION:
Approval of Resolution No. 85-91 approving the road abandonment
subject to merging of the benefiting lots (#24 and #25) .
BACKGROUND:
On August 6, 1991, the Planning Commission conducted a public
hearing on the above-referenced subject. After considerable
discussion and debate, the Commission, on a 5:2 vote, recommended
denial of the road abandonment based on their discussions contained
in the attached minutes excerpt.
The Commission was concerned about abandoning the street prema-
turely in view of the pending development of the Circulation
Element together with the creation of an additional marginal
building site.
ANALYSIS:
Curbaril Avenue presently has a 50 foot right-of-way and the
abandonment would be conditioned on leaving 25 foot to the
centerline of said right-of-way. Hence, abandonment of this road
would provide for a consistent right-of-way for the full length of
Curbaril and not prejudice long-range improvements possible within
that right-of-way. The City Engineer has submitted a memorandum
reflecting his confidence that right-of-way is sufficient to meet
any forseeable widening of the road.
00001-13
A more problematic issue has been raised with regard to the •
proposed lot line adjustment to create an additional building site.
Currently, there is a house straddling the line between Lots 24 and
25. Lot 24 has an existing size of 8 , 325 square feet, and Lot 25
contains 4, 875 square feet. The areas that could result from
abandoning the right-of-way would be 9, 675 square feet for parcel
24 and 5, 300 square feet for parcel 25.
As reflected in the discussion before the Planning Commission, the
County' s policy in these types of matters was to let people build
astride lot lines without having to merge the lots and thereby
accomplishing a defacto lot merger without the paperwork of merging
lots. The zoning in this area is RSF-Y which requires one acre
minimum lot size with sewer service, and one and one-half acres
minimum lot size with septic. There is no sewer service in the
area; hence, to approve the abandonment would invite a lot line
adjustment which would further invite a building permit on an
unencumbered 5,300 square foot lot which would have to sustain its
own septic system, building site, and 100% expansion area for the
septic system.
To preclude creating such a substandard building site, it is
recommended that Resolution No. 85-91 condition the abandonment on
the merging of Lots 24 and 25.
HE:ps
cc: Kelly Gearhart
Attachments: Staff Report - August 6, 1991
Minutes Excerpt - August 6, 1991
Public Works Director Memo - August 20, 1991
Resolution 85-91 (Community Development Director' s
alternative)
0( 0011111)
CITY OF ATASCADERO Item: B-1
STAFF REPORT
FOR: Planning Commission Meeting Date: August 6, 1991
BY:pD.Doug Davidson, Senior Planner File No: RA 01-91
SUBJECT:
Consideration of a request to abandon a portion of the Curbaril
Ave. right-of-way.
RECOMMENDATION
Staff recommends that the Planning Commission make the Findings
in Attachment D and recommend to the City Council that the right-
of-way be abandoned per the Draft Resolution in Attachment E.
SITUATION AND FACTS:
1 . Applicant . . . . . . . . . . . . . . . . . . . .Kelly Gearhart
2 . Representative. . . . . . . . . . . . . . .Sierra Pacific Engineering
3 . Project Address. . . . . . . . . . . . . . 9325 Curbaril Ave.
4 . Site Area. . . . . . . . . . . . . . . . . . . .4, 000 square feet
5 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y
6 . General Plan Designation. . . . .Residential Single Family
7 . Existing Use. . . . . . . . . . . . . . . . .Single FamilyResidential
8 . Environmental Status . . . . . . . . .Categorically Exempt
(Class 1)
ANALYSIS:
The applicant is proposing the abandonment of a small portion of
the Curbaril Ave . right-of-way located at 9325 Curbaril Ave.
This portion of Curbaril Ave. is 4, 000 square feet in size and is
currently unused for street purposes. Two separate single family
residential parcels lie adjacent to the proposed abandonment, one
of which is vacant, the other developed with a single family
residence. Upon abandonment of the right-of-way, the applicant
00001,10
wishes to file a Lot Line Adjustment . The adjustment would
remove the existing lot line which bisects the residence and
provide clear title to both parcels. With the adjacent right-of-
way abandoned, the Lot Line Adjustment will not result in
existing nonconforming lots becoming smaller.
The application has received favorable responses from the other
City agencies, as well as the public utility companies. . The
Public Works Department has determined that the right-of-way is
not needed for future circulation. A street section of 25 feet
from centerline of the existing road is to be retained by.the
City for future road purposes . Likewise, the abandonment will,"",
not be a barrier to the existing or future provision of
utilities . Any specific request for a public utility reservation
will be incorporated into the Resolution prior to its recording.
Road abandonments are accomplished by resolution of the City
Council . The procedure is governed by the Street and Highways
Code, under which the Planning Commission must make the following
two findings :
1 . That the abandonment is in conformance with the City' s_
General Plan.
2 . That the right-of-way is unsuited as a non-motorized
transportation facility, i .e. primarily for the use of
pedestrians, bicyclists, or equestrians .
Staff believes that these Findings can be made. The abandonment
will not diminish any Circulation goal of the City, particularly
since adequate street right-of-way will be reserved. Curbaril
Ave . as constructed provides a sufficient level of service in . the
area. In addition, this short stretch of right-of-way is not a
necessary link in any future walkway or bike path.
Under the Street and Highways Code this application qualifies -as
a Summary Vacation (short form) , as opposed to the General (long
form) procedure. If road construction has not occurred within
the right-of-way and provision of utilities is not impacted, a
Summary procedure is the proper course. This does not require
the preparation of a separate notice of intent to abandon.
When a right-of-way is abandoned, one-half of the right-of-way
reverts to each of the adjacent property owners . Each half
section of right-of-way is then merged with its adjacent lot . In
this particular case, the proposed Lot Line Adjustment
accomplishes the merger, as well the adjustment of property
lines .
P'
000W-'!.
CONCLUSIONS:
This small section of the Curbaril Ave right-of-way is not
necessary for existing or future road purposes . Curbaril Ave. as
constructed provides sufficient circulation in the, area.
Adequate provision for public utilities and future road purposes
will be retained by the City to serve future commercial
development .
ATTACHMENTS : Attachment A - Location and Zoning Map
Attachment B - General Plan Land Use Map
Attachment C - Proposed Abandonment
Attachment D - Findings for Approval'
Attachment E - Draft Resolution
ATTACHMENT A
CITY OF ATA ZONING MAP
SCADERO
Esc •l� - .b +��. , ° ROAD ABANDONMENT 01-91
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Attachment D - Findings for Approval
Road Abandonment 01-91
Portion of Curbaril Ave. (9325 Curbaril Ave. )
(Gearhart/Sierra Pacific Engineering)
ENVIRONMENTAL FINDING:
The proposed project is categorically exempt from the provisions
of the California Environmental Quality Act (Class 1) .
PROJECT FINDINGS•
1 . The proposed abandonment is consistent with the General
Plan.
2 . The right-of-way is not suited for development as a non-
motorized transportation facility, i.e. primarily for the
use of pedestrians, bicyclists, or equestrians .
3 . The right-of-way is not necessary for future road purposes
of public access or safety.
4 . The proposed abandonment will not adversely affect the
provision of any existing or future utilities .
MEMORANDUM
TO: City Council
VIA: Ray Windsor
FROM: Greg Luke
SUBJ: Gearhart - Vacation of Road Easement
DATE: August 20, 1991
Kelly Gearhart is requesting that road right-of-way be vacated
and attached to his lots. I have reviewed the matter from an
engineering perspective and have determined that a 25 foot half-
width right of way is sufficient to meet any foreseeable widening
of the road. With a total of 50 foot right-of-way, two 12 foot
travel lanes can be constructed, plus a bike lane and a walkway on
both sides. At present the City has no plans to build this level
of improvement. Much of the future improvements on Curbaril hinge
on the fate of Highway 41 extension now under study.
In any event, I cannot foresee of any need for right-of-way
beyond 50 feet. In fact this is the right- of- way width on both
sides of the Gearhart property. The large right- of- way is a
remnant of an intersection with Cortez that has lost any
possibility of future construction. Consequently it is my
recommendation that Mr. Gearhart be deeded the extra right-of-way.
RESOLUTION NO. 85-91
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO SUMMARILY VACATING A PORTION OF ` A ROAD
PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS VACATION LAW;
CHAPTER 4, SUMMARY VACATION; 8333
(BEING A PORTION OF THE CURBARIL AVENUE RIGHT-OF-WAY) (GEARHART)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street or highway by adoption of a summary vacation;
and
WHEREAS, a portion of the Curbaril Avenue right-of-way, as
shown on the attached Exhibit, has been determined to be actually
superceded by relocation and has been impassable for vehicular
travel for at least five consecutive- years and no public money was
expended for its maintenance during that time; and
WHEREAS, the vacation of a portion of the Curbaril Avenue
right-of-way will not work to cut off access to any person' s
property which, prior to relocation or vacation, adjoined the
street or highway to be vacated; and
WHEREAS, pursuant to Government Code 65402, the City Planning
Commission has reported to the Council its recommendation on
vacation of a portion of the Curbaril Avenue right-of-way as to
conformance with the City' s General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the City
Planning Commission has reported to the Council its recommendation
relative to the suitability or usefulness of this portion of the
Curbaril Avenue right-of-way as a non-motorized transportation
facility, or that adequate easements have been retained for such
purposes.
NOW, THEREFORE, the City Council of the City of Atascadero,
California, hereby resolves as follows:
1. Based upon the above findings, the Council now finds and
declares the above-described road right-of-way to be unuseable
as a non-motorized transportation facility, or that adequate
easements have been retained for such purposes. '
2. Based upon the above findings, the Council now finds and
declares the proposed vacation of this road right-of-way to be
in conformance with the City's General Plan.
3. The Council now summarily vacates, pursuant to Streets and
Highways Code, Part 3, Chapter 4, a portion of the Curbaril
Avenue right-of-way as shown on attached Exhibits subject to
the following conditions of approval:
0O(?0�,��
Resolution No. 85-91 •
Page Two
(a) The property owner shall indemnify and "hold harmless"
the City from claims that may arise from the abandonment
procedure. This agreement shall be reviewed and found
acceptable by the City Attorney.
(b) A lot merger of Lots 24 and 25 and the area being vacated
shall be completed prior to or simultaneously to the
recording of the abandonment resolution.
(c) Property owner shall obtain a fee title to that portion
of the Curbaril Avenue right-of-way.
(d) A street width of 25 feet from centerline of the existing
road shall be retained on behalf of the City of Atasca-
dero for public road purposes.
(e) All conditions of approval must be completed prior to or
simultaneously to the recording of the abandonment reso-
lution. The required legal descriptions and documents
are hereby made a part of this resolution.
4 . That from and after the date this resolution is recorded with
the County Recorder, the road right-of-way shown on the
attached Exhibit shall no longer be or constitute a street or
highway.
5 . The City Clerk shall cause a certified copy of this Resolution
of Summary Vacation, attested by him/her under seal, to be
recorded without acknowledgement, certificate of acknowledge-
ment, or further proof in the office of the County Recorder.
On motion by Councilperson Lilley and seconded by
Councilperson Nimmo, the motion was approved by the following roll
call vote:
AYES: Councilmembers Borgeson, Nimmo, Dexter, Lilley and Mayor
Shiers
NOES: None
ABSENT: None
ADOPTED: August 27, 1991
ATTEST: CITY OF ATASCADERO
`BLEB RABOINCity Clerk By
ALDEN F. SHIERS, Mayor
t (. .
Resolution No. 85-91
i Page Three
APPROVED AS TO FORM:
ART MONTANDO , Ci A torney
APPROVED AS TO CONTENT:
157
41HENRYENGEN Communit , Development Director
1
0000,gf)
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-1
Through: Ray Windsor, City Manager Meeting Dater 04/13/93
Via: ati Henry Engen, Community Development Director
From: Steve Sylvester, City Engineer
SUBIECT:
South EI Camino Real-Median Operational Report.
RECOMMENDATION:
Recommendations for median alterations are as follows:
1 . Remove the southerly 30' of the median at the Colombo residence.
2. Monitor circulation patterns upon completion of occupancy of the Biaginni
tract, and if warranted by excessive u-turn delays at Jornada Lane, then
install a northbound left turn opening in front of the Biaginni tract.
3. Monitor circulation patterns in the Musselman Drive area and if excessive
delays in the future are encountered, or if signalization is not provided at
the State Hospital entrance, then install a southbound left turn opening into
California Manor.
4. Increase the length of no parking zones "red curb areas" at u-turn locations
to a minimum of 60'.
BACKGROUND:
On February 23, 1993, the City Council reviewed a "post construction evaluation" of the
south EI Camino median prepared by Keith B. Higgins & Associates, along with a cover
report prepared by the City Engineer. Based on the findings by these reports, the
Council directed staff to perform a 45 day operational review and report, including,al•
speed study for the area of new construction. Staff was requested to,develop
recommendations, including cost estimates, for possible permanent alterations to4he
raised median.
IJ:7„ s
0000' '
•�,Jl f'.It��'v�r� � �� 1_Qpw�/
City Council Report
April 13, 1993
Page 2
DISCUSSION:
In order to review the operational characteristics of the new median, staff performed the
following tasks:
1 . The City Police Department conducted a speed survey, the results of which
are attached as Figure 1.
2. Engineering Department staff reviewed general trip generation and
circulation characteristics of the area.
3. Engineering staff monitored traffic flows during random periods including
a.m and p.m. peak hours.
4. Engineering staff developed possible median alteration configurations and
associated cost estimates.
The results of the speed study indicate that the 85th percentile traffic speed is traveling at
anywhere from 5 to 10 miles above the posted speed limits. Speeds were determined to
be 57 miles per hour at the southerly end of median reducing to 41 miles per hour at EI
Bordo Ave. (in the northbound direction). Southbound speeds generally mirror the
northbound speeds. The speeds are reasonable for the type of highway facilities
involved, and the sight distance and median characteristics are adequate for the observed
speeds.
Staffs' general observations are that traffic has adjusted adequately to the new median
configuration, and traffic flow is reasonable during the peak hours. U-turn movements
occur without difficulty except for large, long wheel base trucks and delivery vehicles.
Staff evaluated three areas for possible median alterations. These include the extreme
south end at the Colombo residence (Figure 2), the Tract 2061 (Biaginni) area (Figures 3
& 4), and the area between the State Hospital entrance and EI Bordo Ave. (Figures 5 &
6). The possible median alterations are indicated in each of the figures.
The median options for the "Colombo" area and our estimated costs are as follows:
1. No change. $ 0.00
2. Median removal-30'. $ 1,800.00
Construction of this portion of the median has blocked access to Mrs. Genevieve
Colombo's driveway, necessitating awkward and hazardous turning movements in order
to access her residence. It is recommended that Council authorize the removal of this
30' section of median. Cost could be considerably less if work performed by City crews.
00OW'.11
City Council Report
April 13, 1993
Page 3
The options for the "Biaginni" area are indicated in Figures 3 & 4 and include the
following possibilities:
1. No project. $ 0.00
2. Modify Jornada Lane driveway approach to facilitate u-turn. $ 8,500.00
3. Provide northbound left turn median opening for Biaginni. $10,800.00
Based on field observations, traffic is generally moving smoothly through this area, and
most vehicles are able to negotiate the u-turn movement at the Jornada Lane entrance
without difficulty. This area has been striped to provide the minimum AASHTO design
vehicle turning radius (widening of the Jornada driveway area to further facilitate u-turns
would be costly due to relocation of existing facilities, and would not eliminate
conflicting turning movements). However, completion of the Biaginni project will result
in a significant number of outbound trips, a large percentage of which are expected to be
headed northbound. This will significantly increase the u-turn demand at Jornada Lane
entrance, as the Biaginni driveway is the only driveway in the stretch of EI Camino that
would produce such southbound traffic. Combined with the potential for relatively high
outbound peak hour traffic at the 140 unit Casa Camino apartment project, the potential
for excessive delays and conflicting movements at this location exists. However, due to
the nature of the Biaginni development, the trip generation and peak hour loads are
unknown at this time. It is therefore recommended the Council defer action at this
location until completion and occupancy of the Biaginni project and if future conditions
warrant, then select option #3, to provide a northbound left turn opening for the Biaginni
tract, which is the appropriate solution to the potential conflicting u-turn movements at
Jornada Lane.
The following options exist for the area between the State Hospital entrance and EI
Bordo Ave.:
1 . No project. $ 0.00
2. Provide a southbound left turn opening for California Manor. $15,500.00
3. Remove median from EI Bordo to Musselman. $23,300.00
Staff's field review indicated that traffic flow is generally uniform and not subject to
excessive delays in this area. Two of three primary trip generators, Rancho del Bordo
and Perkins Mobile Home Park, have alternate access routes (see Figure 1) that provide
options to utilizing u-turn movements in order to enter their respective projects. The 95
unit California Manor does not have this option, but by nature of its occupancy, yields
are relatively low trip generation rate. Field observations indicated that approximately
25% to 33% of the u-turns made at Musselman Drive are to provide for residents of
California Manor. The u-turn movement for southbound traffic at Musselman Drive did
not appear to be difficult for most vehicles. This is due in part to the extra width
provided by the curb return at Musselman. Additional widening in this area is not
considered feasible due to a large drainage inlet at the curb return. During peak period
hours, especially when the State Hospital is changing shifts, some delay exists for the u-
City Council Report
April 13, 1993
Page 4
turn at this intersection, but sufficient gaps were available to allow for u-turn movements.
Based on these assessments, a left turn opening for California Manor does not appear to
be appropriate at this time. As future traffic increases occur, depending on whether or
not a traffic signal is installed at the State Hospital entrance, the need for such a left turn
opening may be indicated.
Although some congestion occurs during peak hours due to the high traffic volumes, the
area north of California Manor functions adequately with the existing median. As
referenced above, the primary trip generators have alternate access points which do not
require u-turn movements. One exception is the Hoover's Hacienda restaurant, which
requires southbound traffic to make the u-turn at Musselman in order to travel
northbound to turn into the restaurants parking lot. There is no feasible minor
modification that could correct this situation, and the only remaining alternative is
complete removal of the median to a point south of Rancho del Bordo. This is
addressed as alternate 3 above which would provide for removal to the north entrance of
California Manor. Given the relative high cost of removal of this portion of the median
relative to the Limited benefit and monies already expended to construct this facility, this
option is not recommended.
A summary of our staff recommendations is a follows:
1. Colombo area - remove southerly 30' of existing median at a cost of
approximately $1,800.
2. Biaginni area - monitor traffic circulation conditions upon completion of
occupancy of the Biaginni tract, and if warranted, construct a northbound
left turn opening for the Biaginni tract at a estimated cost of $10,800.00.
3. State Hospital entrance to EI Bordo - monitor traffic circulation conditions,
delay times for u-turns at Musselman Drive and potential for signalization
at the State Hospital entrance (which would reduce delay times due to
creating more define gaps in northbound traffic). If conditions warrant due
to excessive delays, install a southbound left turn opening for California
Manor at a cost of $15,500.
4. Increase no parking "red curb zones" at u-turn locations to a minimum of
60'.
In conclusion, with exception of the Colombo residence, staff does not find that
circulation conditions warrant significant median alterations at this time. The area
should be monitored as traffic volumes increase and as traffic devices are added or
altered.
()f)0",
City Council Report
• April 13, 1993
Page 5
OPTIONS:
The Council may select any of the options identified in the report based on public input
and Council determinations.
FISCAL IMPACT:
The fiscal impact would be approximately $3,500.00 for the recommended options.
This would include the Colombo revisions as well as the additional curb painting
proposed. Any other project alternatives that may be authorized by Council would have
a fiscal impact as detailed above.
9115253.ATA
FIG 1
HOOVERS p°gyp° RANCHO DEL BORDO
CALIFORNIA MANOR
HOSPITAL
PERKINS MOBILE
HOME PARK�PFP�-�'
SPS �°� Ay ti
COLOMBO
RESIDENCE
TRACT 2061
BIAGINNI
�-oyAti
C�
�O
CITY OF ATASCADERO R
TRAFFIC SPEED STUDY AREAS
i MAIN TRAFFIC GENERATIONS ,--,,
MARCH 2. 1993 / �P� «(0)(0) � �
' I FIG . 2
4Y
Lrl
3
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NEW CURB
qDQ
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EXIST. CURB
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MEDIAN REVISION AT
COLOMBO RESIDENCE
0000"",
NORTH COAST ENGINEERING INC.
PRELIMINARY OPINION AS TO PROBABLE COST
ESTIMATED FOR PROJECT FIG 2 - MEDIAN REVISION AT COLOMBO RESIDENCE
BY: KILP EL CAMINO REAL - CITY OF ATASCADERO
DATE: 3-26-93
REV. DATE:
ITEM QUANTITY UNIT COST TOTAL
-----------------------------------------------------------------------
EARTHWORK - DEMOLITION
----------------------
REMOVE 32 ' MEDIAN (CY) 3 . 0 $50. 00 $150.00
INCLUDES MEDIAN CURB,
COBBLES & SAND FILL
SUBTOTAL $150.00
STREETS
MEDIAN CURB (LF) 5. 0 $5. 00 $25.00
COBBLES (SF) 10. 0 $4 . 00 $40.00
PATCH EX. AC PAVEMENT (SF) 72 . 0 $1. 00 $72 .00
TRAFFIC STRIPING (LF) 65. 0 $2 . 00 $130.00
TRAFFIC MARKING (SF) 132 . 0 $3 . 00 $396. 00
RELOCATE STREET SIGNS (EA) 1. 0 $100. 00 $100. 00
SUBTOTAL $763 .00
MISCELLANEOUS
-------------
TRAFFIC CONTROL (LS) 1. 0 $500. 00 $500. 00
SUBTOTAL $500.00
ESTIMATED CONSTRUCTION COST $1,413 . 00
CONTINGENCY @ 10 % $141. 30
ENGINEERING/CONTRACT ADMINISTRATION @ 15% $211.95
TOTAL $1,766.25
THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS
A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF
LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR
CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION
MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET.
(CC) C: \QPRO\FILES\MED_D4 .WQ1
PRELIMINARY COST ESTIMATE PAGE 1
FIG. 3
i � I
I EXIST. CURB --►I
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ICS I NEW P.C.C.
PAVING
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CURB REVISION AT
J 0
RNADA L
ANE
NORTH COAST ENGINEERING INC.
PRELIMINARY OPINION AS TO PROBABLE COST
ESTIMATED FOR PROJECT: FIG 3 - CURB REVISION AT JORNADA LANE
BY: KILP
DATE: 3-26-93 EL CAMINO REAL - CITY OF ATASCADERO
REV. DATE:
ITEM QUANTITY UNIT COST TOTAL
-----------------------------------------------------------------------
EARTHWORK - DEMOLITION
----------------------
DEMOLISH/REMOVE (CY) 31 $17 .50 $542.50
INCLUDES CURB & GUTTER,
SOIL, SIDEWALK AND
DRIVE APRON
SUBTOTAL $542.50
STREETS
6" CURB (LF) 80 $9. 00 $720. 00
4" P.C. C. SIDEWALK (SF) 200 $3 . 50 $700.00
A.C. PAVEMENT & BASE (SF) 320 $7. 50 $2 ,400.00
ADD TRAFFIC SIGN (EA) 1 $250. 00 $250. 00
SUBTOTAL $4 , 070. 00
MISCELLANEOUS
TRAFFIC CONTROL (LS) 1 $200.00 $200. 00
RELOCATE FIRE HYDRANT (EA) 1 $1, 500.00 $1, 500. 00
LANDSCAPE/IRRIGATION (LS) 1 $200.00 $200.00
SUBTOTAL $1,900. 00
ESTIMATED CONSTRUCTION COST $6, 512 .50
CONTINGENCY @ 15 % $976.88
ENGINEERING/CONTRACT ADMINISTRATION @ 15% $976.88
--------------
--------------
TOTAL $8,466. 25
THE REMOVAL AND/OR RELOCATION OF LANDSCAPING PLANTS IS ASSUMED
TO BE DONE BY CITY FORCES.
CAPPING OF THE DRIP IRRIGATION SUPPLY PIPES TO BE DONE BY THE
CONTRACTOR DURING DEMOLITION OPERATIONS.
THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS
A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF
LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR
CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION
MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET.
(CC) C: \QPRO\FILES\MED_D3 .WQ1
PRELIMINARY COST ESTIMATE PAGE 1
i
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,
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,
,
,
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EXIST. CURB TO -om• 4 ;
BE REMOVED
s
� TRACT 2061 ENTRANCE ? •
NEW CURB
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+
M EXIST. CURB
MEDIAN REVISIO�
i
AT TRACT 2061 0000",
I 1 1
NORTH COAST ENGINEERING INC.
PRELIMINARY OPINION AS TO PROBABLE COST
ESTIMATED FOR PROJECT: FIG 4 - MEDIAN REVISION AT TRACT 2061
BY: KILP EL CAMINO REAL - CITY OF ATASCADERO
DATE: 3-26-93
REV. DATE:
ITEM QUANTITY UNIT COST TOTAL
-----------------------------------------------------------------------
EARTHWORK - DEMOLITION
----------------------
REMOVE/DISPOSE (CY) 50 $17 . 50 $875.00
INCLUDES MEDIAN CURB,
FILL SOIL AND D.G.
SUBTOTAL $875.00
STREETS
MEDIAN CURB (LF) 135 $5.00 $675.00
A.C. PAVEMENT (SF) 645 $1.50 $967 .50
A.C. OVERLAY (SF) 1, 695 $0. 50 $847.50
STREET SIGNS (EA) 4 $250.00 $1,000.00
TRAFFIC MARKING (SF) 165 $3 .00 $495. 00
SUBTOTAL $3,985. 00
MISCELLANEOUS
-------------
LANDSCAPE & IRRIGATION (LS) 1 $200. 00 $200. 00
COBBLES (SF) 720 $4 . 00 $2 ,880.00
TRAFFIC CONTROL (LS) 1 $400. 00 $400. 00
SUBTOTAL $3 , 480.00
ESTIMATED CONSTRUCTION COST $8, 340. 00
CONTINGENCY @ 15 % $1, 251. 00
ENGINEERING/CONTRACT ADMINISTRATION @ 15% $1, 251. 00
--------------
--------------
TOTAL $10,842 . 00
THE REMOVAL AND/OR RELOCATION OF LANDSCAPING PLANTS IS ASSUMED
TO BE DONE BY CITY FORCES.
CAPPING OF THE DRIP IRRIGATION SUPPLY PIPES TO BE DONE BY THE
CONTRACTOR DURING DEMOLITION OPERATIONS.
THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS
A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF
LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR
CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION
MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET.
(CC) C: \QPRO\FILES\MED-D6.WQ1
PRELIMINARY COST ESTIMATE PAGE 1
,
FIG. 5
,
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,
,
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MAN R Vi ON AT ��} c A:rFrnR�l A M-o NSP
NORTH COAST ENGINEERING INC. .
PRELIMINARY OPINION AS TO PROBABLE COST
ESTIMATED FOR PROJECT FIG 5 - MEDIAN REVISION AT CALIFORNIA MANOR
BY: KILP EL CAMINO REAL - CITY OF ATASCADERO
DATE: 3-26-93
REV. DATE:
ITEM QUANTITY UNIT COST TOTAL
-----------------------------------------------------------------------
EARTHWORK - DEMOLITION
----------------------
REMOVE/DISPOSE (CY) 64 $17 . 50 $1, 120. 00
INCLUDES MEDIAN CURB,
AND FILL D.G.
SUBTOTAL $1, 120.00
STREETS
MEDIAN CURB (LF) 180 $5. 00 $900.00
A.C. PAVEMENT (SF) 860 $1.50 $1, 290.00
A.C. OVERLAY (SF) 2 , 580 $0. 50 $1,290.00
STREET SIGNS (EA) 4 $250.00 $1, 000.00
TRAFFIC MARKING (SF) 315 $3 . 00 $945.00
SUBTOTAL $5, 425. 00
MISCELLANEOUS
----------
LANDSCAPE & IRRIGATION (LS) 1 $200. 00 $200. 00
COBBLES (SF) 1, 200 $4 . 00 $4, 800.00
TRAFFIC CONTROL (LS) 1 $400. 00 $400.00
SUBTOTAL $5, 400.00
ESTIMATED CONSTRUCTION COST $11,945. 00
CONTINGENCY @ 15 % $1,791.75
ENGINEERING\CONTRACT ADMINISTRATION @ 15% $1,791.75
--------------
--------------
TOTAL $15, 528. 50
THE REMOVAL AND/OR RELOCATION OF LANDSCAPING PLANTS IS ASSUMED
TO BE DONE BY CITY FORCES.
CAPPING OF THE DRIP IRRIGATION SUPPLY PIPES TO BE DONE BY THE
CONTRACTOR DURING DEMOLITION OPERATIONS.
THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS
A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF
LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR
CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION
MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET.
(CC) C: \QPRO\FILES\MED_D7.WQ1
PRELIMINARY COST ESTIMATE PAGE 1
D
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C
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CALIFORNIA MANO
ENTRANCE
I ■
%EDIAN REVISION AT
6L BORDO AVENUE TO
CALIFORNIA MANOR Q 4
NORTH COAST ENGINEERING INC.
PRELIMINARY OPINION AS TO PROBABLE COST is
ESTIMATED FOR PROJECT: FIG 6 - MEDIAN REVISION (REMOVAL)
BY: KILP EL BORDO TO CALIFORNIA MANOR
DATE: 3-26-93
REV. DATE: EL CAMINO REAL - CITY OF ATASCADERO
ITEM QUANTITY UNIT COST TOTAL
-----------------------------------------------------------------------
EARTHWORK - DEMOLITION
----------------------
REMOVE/DISPOSE (CY) 125 $17 . 50 $2 , 187 .50
INCLUDES MEDIAN CURB,
COBBLES AND FILL
SUBTOTAL $2 , 187. 50
STREETS
MEDIAN CURB (LF) 20 $5. 00 $100. 00
A.C. PAVEMENT (SF) 1,800 $2 .50 $4 , 500. 00
A.C. OVERLAY (SF) 7, 320 $0. 50 $3 , 660. 00
RELOCATE STREET SIGNS (EA) 7 $100. 00 $700. 00
TRAFFIC STRIPING (LF) 1,220 $2 . 00 $2 ,440. 00
TRAFFIC MARKING (SF) 755 $3 . 00 $2 , 265. 00
SUBTOTAL $13 , 665. 00
MISCELLANEOUS
LANDSCAPE & IRRIGATION (LS) 1 $350. 00 $350. 00
COBBLES (SF) 120 $4 . 00 $480. 00
TRAFFIC CONTROL (LS) 1 $3 ,000. 00 $3 , 000. 00
1 $600. 00 $600.00
SUBTOTAL $4 , 430.00
ESTIMATED CONSTRUCTION COST $20, 282 . 50
CONTINGENCY @ 15 % $3 , 042 . 38
ENGINEERING/CONTRACT ADMINISTRATION @ 15% $3 , 042 . 38
TOTAL $23 , 324 .88
THE REMOVAL AND/OR RELOCATION OF LANDSCAPING PLANTS IS ASSUMED
TO BE DONE BY CITY FORCES.
CAPPING OF THE DRIP IRRIGATION SUPPLY PIPES TO BE DONE BY THE
CONTRACTOR DURING DEMOLITION OPERATIONS.
THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS
A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF
LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR
CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION
MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET.
(CC) C: \QPRO\FILES\MED_D8 .WQ1
PRELIMINARY COST ESTIMATE PAGE 1
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item• D-2
Through: Andy Takata, Assistant Meeting Date: 04/13/93
City Manager
From: Henry Engen, Community Development Director
SUBJECT:
Request of the Templeton Community Service District ;to consider the
possibility of treating a portion of Templeton' s sewage at the
City' s Sewage Treatment Plant.
RECOMMENDATION•
Authorize staff to cooperate with the Templeton Community Service
District in exploring the pros and cons of possibly providing sew-
age treatment service to Templeton, and report back to the City
Council .
BACKGROUND:
. The attached letter from Bill Vanorden, the General Manager of the
Templeton Community Services ' District, outlines their interest in
evaluating the possibility of a contractual arrangement with the
City of Atascadero to treat their sewage. Such an arrangement has
the potential of saving them money while allowing the City to
implement its ' master plan for the plant at a lower cost to Atas-
cadero residents .
Atascadero Sewage Treatment Plant Capacity. The present treatment
plant was designed to process 1.4 million gallons per day (mgd) ,
and to be expanded to 1. 8 million gallons per day with relatively
minor improvements . A second upgrade would increase Atascadero' s
treatment capacity to 2 .4 mgd. In 1992, the average daily flow to
the facility was 1 .2 million gallons per day.
Treatment of Templeton' s sewage would require extension of a
gravity line, at least one pumping station, and a force main. The
pumping station would have to be located toward the north end of
Atascadero, and the force main might well be able to be located
down the Southern Pacific Railroad right-of-way to the plant. Such
an improvement has appeal from the standpoint of serving the
northern portion of the City without having to route sewage through
the old mains to the abandoned treatment facility on Traffic Way.
This facility pumps over 70% of Atascadero' s sewage through a force
main whose integrity is questionable (refer to Consent Agenda
contract award item) . In addition, an upgrade of the treatment
plant would be required to accommodate Templeton' s flow, which has
been currently estimated at .2 mgd, with a build-out need projected
to be 1 million gallons per day.
General Plan/Environmental Issues . Extension of a sewer line
through the northeast quadrant of Atascadero would raise environ-
mental impact and growth-inducing issues, and would require an
amendment to the City' s General Plan. Extension of the line
through areas that are presently planned for suburban residential
use (2 1/2 to 10 acres minimum lot size) would not necessarily mean
that that sewer service would be provided to the abutting neighbor-
hood, but there clearly would be pressure to expand the Urban
Service Line and consider smaller lot sizes. This scenario was
evaluated as part of the Land Use Element update EIR.
Should an analysis of the pros and cons of treating Templeton' s
sewage prove appealing to the City and Templeton from a technical
and monetary standpoint, staff would suggest that the Templeton
Community Service District' s environmental impact report should
explore in greater detail the growth inducing impacts both within
the City of Atascadero and in the open space land areas that help
define Atascadero. The City' s General Plan currently calls for not
urbanizing the southerly portion of the Templeton planning area.
In the event that a contractual arrangement is appealing to the
City Council, and the environmental analysis and impacts prove
satisfactory, then the Council could proceed with an agreement.
Absent acceptable condition, the concept could be dropped.
HE :ph
Encl : Templeton Community Service District Communication -
3/18/93
cc: William G. VanOrden, General Manager Templeton Community
Service District
H�Siofc—
TEMPLETON COMMUNITY SERVICES DISTRICT
POST OFFICE SOX 780 ;�;;;.fi 1 .
COQ C�/ TEMPLETON, CALIFORNIA 93465
C,rY ,gin
March 18, 1993
Mr. Andrew J. Takata
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
RE: Templeton Sewerage Treatment
Dear Andy:
As I have previously discussed with you, the Templeton
Community Services District shortly anticipates undertaking a major
expansion of our Meadowbrook Sewerage Treatment Plant to
accommodate future growth in the community. It is !my understanding
that you may also be in need of expanding your plant for similar
purposes. If such is the case, I believe that there might be room
to join efforts for the benefit of both entities . Given these
times of reduced budgets and fiscal constraints I believe it is
prudent to look at all options - including joining forces where
necessary to achieve economies of scale for the benefit of our
respective residents .
I would appreciate knowing at your earliest possible
convenience whether the City would be respective to discussing, at
least at the staff level, the possibility of the Templeton
Community Services District utilizing your existing treatment plant
for our sewer treatment needs . We have previously discussed the
possible benefits of this effort to both communities, therefore I
will not go into them in detail here. However, suffice it to say
that they could be financially beneficial and cost effective to
both the City and Templeton community.
I have, per you request, enclosed a copy of our current
interceptor agreement with the City of Paso Robles for your
information. If you have any questions after your review of it
please give me a call.
I thank you for your time and effort on our behalf and look
O0( W")
forward to hearing from you regarding the City's position on our
request.
Sincerely,
William G. Van Orden, General Manager
WGV:lai
Enclosures
cc: Board of Directors
0001- 910
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No : D-3
Through: Andy Takata, Asst . City Manager
Meeting Date : 4-13-93
File No : PP 90-089 (9800 Corriente)
BP 92328-001 (7005 Rayar)
Via: Henry Engen, Community Development Director
From: Steven L. DeCamp, City Plannerlljlli0
SUBJECT:
Response to citizens complaints regarding construction practices
RECOMMENDATION:
Receive and file
BACKGROUND:
At your March 23, 1993 meeting, the Council received citizen
comments regarding the City' s permit review procedures, as well
as perceived deficiencies in inspection and code enforcement
practices . As examples, projects at 9800 Corriente (PP 89-90)
and 7005 Rayar (BP 92-328-001) were cited as contributing to down
stream drainage, soil erosion, and sedimentation problems . A
copy of the correspondence also received at that meeting is
attached to this report as Exhibit A.
Following is a brief outline of the City' s permit, review and
building inspection procedures . Both of the projects noted
above will also be addressed. A staff response to earlier
complaints regarding one of these sites is attached to this
report as Exhibit B.
ANALYSIS:
Each building permit application received is initially screened
by the Planning Division of the Community Development Department
to determine the level of environmental review required as
mandated by CEQA (the California Environmental Quality Act) . The
construction of a single family dwelling is normally "exempt"
from the provisions of CEQA. However, the existence of certain
conditions or proposed actions (eg. , grading on slopes in excess
of loo) will trigger the need for environmental review. Indeed,
iin Atascadero, grading (as defined by the Uniform, Building Code)proposed to occur on slopes in excess of 10o is the most common
{ o of -7
REPORT TO CITY COUNCIL 2
RE: Construction Practices
April 13, 1993
of the "triggers" for environmental review.
In Atascadero, the environmental review for a single family
dwelling, or similar scale project, is called a "precise plan" .
A precise plan is synonymous with a Negative Declaration or
Mitigated Negative Declaration and stops short of the full
Environmental Impact Report required of large scale projects .
The precise plan does, however, focus on the potential
environmental consequences of greatest concern. Where grading is
proposed on slopes in excess of 10% for example, environmental
concerns would include drainage impacts, soil erosion and
sedimentation control, slope stability, disposition of excess
fill material, effects of the grading on vegetation (including
native trees) , and aesthetics .
In practice, staff attempts to work with applicants at an early
stage of plan preparation to avoid the potentially adverse
environmental impacts of their projects . In some cases, staff
may simply suggest that the selected site may not be appropriate
for the type or intensity of development proposed (ie . , slab on
grade construction, RV parking areas or swimming pools on very
steep slopes) . Alternatively, staff may propose home siting and
driveway location options or foundation systems that avoid
grading on slopes in excess of 100 . For the applicant, such
options will save the time and cost of a precise plan application
and will, for the City, avoid the potential environmental
consequences such grading can cause . Such options are quite
often more cost effective solutions for difficult sites as well .
Where a project does not trigger environmental review, or has
been redesigned to eliminate the need for such review, the plans
are typically reviewed by all three of the Divisions of the
Community Development Department . The Planning Division reviews
the plan for conformance with the Zoning Ordinance (allowed uses,
setbacks, etc . ) , the Building Division checks for compliance with
the Uniform Building Code (UBC) and on-site drainage, and the
Engineering Division reviews the plan for road improvement
requirements, driveway encroachments, and drainage impacts to
public streets and adjacent properties . When all is in
conformance with established and adopted standards, the building
permit is issued and construction allowed to begin. Construction
is typically monitored by the Building Inspector with additional
inspections by other Department staff as the need arises or
circumstances may warrant . Where a project was initially
reviewed as a precise plan, the Planning Division will also
inspect the project prior to final approval to insure compliance
0001`111
REPORT TO CITY COUNCIL 3
RE: Construction Practices
April 13, 1993
with all of the project' s conditions of approval and required
mitigation measures .
Precise Plan applications, because of their complexity and the
identified potential for environmental damage, are subjected to a
somewhat higher level of review than the average building permit
application . More attention will be paid to each of the
environmental concerns noted earlier in this report . In
addition, and depending on the specifics of the proposal, the
scope of review may be expanded by referral of the plans to other
agencies such as the Department of Fish and Game, the Water
Quality Control Board, and the Fire Department . The concerns of
each of the reviewing agencies will be incorporated into the
conditions of project approval, or in rare cases, be used as
justification for denial of a project . Where a project receives
conditional precise plan approval, the plans are carefully
scrutinized at the time of building permit application to insure
compliance with each of the required conditions or mitigation
measures .
9800 Corriente (PP 90-089)
The precise plan for the single family dwelling at 9800 Corriente
was conditionally approved in December of 1990 . The precise plan
was required in this case primarily because of the grading
necessary for the driveway which serves the adjacent parcel as
well . Issues of particular concern in the review of this project
were drainage, the steepness of proposed cut slopes, and tree
removal . The plans were amended during the review process to
reduce the amount of grading required. A geologist reviewed the
soil conditions on-site to ensure that the cut slopes would be
stable . The steeper than normal slopes were proposed to reduce
the amount of grading necessary and to minimize tree removal .
Retaining walls were required along the driveway to further the
same goals . Drainage was to be conducted along the driveway
until it could be directed through rip rap lined drains .
Several changes to the approved plans occurred during the grading
for the site and construction of the improvements. Despite these
changes, and in continuance of past practice, the owners were
allowed to occupy the dwelling prior to final approval while the
necessary changes to the site were undertaken . In fact, however,
additional modifications to the site which were not anticipated
by the approved plans have occurred since the structure was
• occupied. This site has, therefore, been, and continues to be,
REPORT TO CITY COUNCIL 4
RE: Construction Practices
April 13, 1993
an active enforcement case .
7005 Rayar (BP 92328-001)
The single family dwelling under construction at 7005 Rayar was
not reviewed as a precise plan. Although portions of this site
are very steep the approved plans do not include any grading on
slopes in excess of 10% nor are there any other project
characteristics that require review under CEQA. Because the
dwelling incorporates a raised foundation, site disturbance will
be minimal . Indeed, the amount of earth work to be done for the
structure itself would not, on its own, require a grading permit
under the provisions of Chapter 70 of the UBC (see Exhibit C for
UBC grading permit exemptions) .
Staff investigated a complaint that construction activities had
been commenced at this site prior to the issuance of a building
permit . Site inspection revealed, however, that the activity
that had occurred was primarily grubbing, or vegetation removal,
which is exempt from permit requirements . No other activity that
would require a building permit was noted. As indicated above,
the minimal amount of earth work undertaken at the site was
exempt from UBC permit requirements .
Staff has been informed that a boulder, presumably from this
construction site rolled down the hill toward Llano Road damaging
a fire hydrant . Although it is probable that the boulder
originated on this construction site, staff has no evidence that
it was released either intentionally or accidently during site
preparation activities . Clearly, the release of the boulder was
an unfortunate accident, however, staff is not in a position to
assess blame for the situation.
ATTACHMENTS : Exhibit A - March 22, 1993 Letter to the City
Council from Karen Oakes
Exhibit B - February 3, 1993 Letter from Henry
Engen to Mr & Mrs Torgeson
Exhibit C - UBC Chapter 70
cc : Karen Oakes
Marcia Torgerson
! 001
March 23, 1993
Council Memoers, (2ity of Atascadero
5500 Palma Avenue
Atascadero, CA. 93422 RE: Construction Practices, Health/Safety Issues
Mavor Niauio and Council Members:
While I appreciate staff's efforts to assure quality housing projects in Atascadero,
holes in our system of plan development coupled with the absence of a Compliance
Officer to monitor plan execution have allowed questionable construction practices to
excel resulting in health and safety issues that expose city management to potential
liability.
I would like to identify two specific projects that set unacceptable precedents.
First, a home on property adjacent to my own has been occupied for over a year without
receiving final inspection clearance due to an inability to control negative effects
of runoff from the site. Continuing erosion problems have resulted in land slides and
significant sediment deposits in creeks and ponds downstream. A complaint has been
filed with the City and despite assurances that there would be time for public comment
through precise plan review of the proposal to mitigate the erosion, the owners
Proceeded on their own to dump 'Large quantities of dirt down the :hill last week. You
should note that the drainage pipe put in place by the owners without a permit and
that is now being covered, carries runort from the driveway where water and possible
wastes are then dumped unfiltered into a blue line swale. '-Phe City has not followed
through in enforcing -he building code. Furthermore, the City has verbally abdicated
any responsibility for resulting effects on adjacent homeowners. You have set a
precedent that noboy is in charge and that is not acceptable.
Second, on property across the ridge but also adjacent to my own, a 2 foot boulder
appears to have escaped last week from a new building site where trading was initiated
without a permit. The boulder rolled several hundred feet down }lila knocking over a
fire hydrant. The 'Lack of a permit is an issue but so is the fact that despite the
average slope of the lot exceeding 30% lin my opinion), no precise plan was required
and adjacent residents never notified. The short term issue is that our building code
seems to contain no element to control runaway rocks that may crash to the properties
and roadway below and this is unconscionable. The long term issue is that the lack of
public input has resulted in an approved drainage plan for this project that directs
rain gutter emissions and other runoff down the steep, back portion of the lot and
onto Llano Road. Llano already suffers from failure of cut slopes and unprotected
drainage swales filled with mud all year. The residents of Llano', Road are being asked
Co carry an unfair burden and suffer unnecessary risk as a result of one developer's
right to build.
In summary, precise plans should be required on any project where the average slope of
the lot exceeds 200 or where drainage is required across adjacent properties.
Additionally, if the lack of a Compliance Officer results in the City's inability to
properly monitor contractors and homeowners on current pro)ects, then no building
permits should be issued until the health and safety or current residents are assured.
Thank vou.,gor your time. Sincerely,
nar�n Oakes
5705 Llano Road, Atascadero, GA 9-3422
00GI �`
ADMINISTRATION BUILDING � ��� ���
6500 PALMA AVENUE
ATASCADER O. CALIFORNIA 93422 POLICE DEPARTMENT
PHONE: (6051 466-8000 INCORPORATED JULY 2. 1979 6500 PALMA AVENUE
ATASCADERO, CALIFORNIA 93422
CITY COUNCIL PHONE: 18051 466-8600
CITY CLERK
CITY TREASURER !r
CITY MANAGER
ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS .AVENUE
ATASCADERO, CALIFORNIA 93422
PUBLIC WORKS DEPARTMENT - PHONE: (805) 466-2141
PARKS AND RECREATION DEPARTMENT
FebT-mary 3, 1993 '-
Tom and Marcia Torgerson
6200 Llano Road
Atascadero, CA 93422
Dear Mr. and Mrs. Torgerson:
This letter is in response to your recent letter reciting sedimen-
tation runoff problems in your neighborhood affecting the pond to
the rear of your house.
To begin with, the City' s drainage problems derive from its '
history as a planned large lot community which was not developed in
predictable phases . Moreover, there was never a Drainage Master
Plan to guide individual projects, including extension of so-called
paper roads together with individual homesite development. The
cost of preparing such a plan for suburban residential areas in the
City would be prohibitive and this led to a policy of relying on
private engineers to appropriately plan for drainage as part of
development applications. A stated purpose of the drainage
standards in the Zoning Ordinance is to " . . . .protect neighboring
and downstream properties from drainage problems resulting from new
development. " With respect to your area, erosion is evidenced from
both road construction and private homesite development.
Our Street Division Supervisor, Brian Sword, has investigated the
roads in your subdrainage area. As you know, there have been
failures in the roadways - particularly on Enchanto. The instal-
lation of these roads was subject to an early 1980s developer
agreement with the City which culminated in their being accepted
into the City-maintained system on January 22, 1991 . Hence, their
repair including erosion control - will be a responsibility of
the Citv. For your information, Engineering Standards for City
roads and drainage were not adopted until March 10, 1992. These
standards are more stringent than past practices .
There has also been an evolution in homesite drainage plan review
since incorporation. Initially, there was virtually total reliance
on the applicant' s design professional . Thereafter, most private
home construction projects were reviewed by staff Engineering
Technicians , with these positions being eliminated ' in budget cut-
backs on October 8 , 1992 . Subsequently, the level of review has
been increased by referring such plans to the City' s Consulting
Engineers, North Coast Engineering, where Registered Civil
Engineers perform the work.
You have noted the specific problems associated with construction
at 9800 Corriente . There has been a formal complaint filed on
sedimentation coming from this property and this matter has been
referred to Bill Wittmeyer, our Compliance Official, who is inves-
tigating the history of permits on the property to insure that City
codes are followed. I have asked Mr. Wittmeyer to keep you
appraised of this process as the facts become clear. I should add,
however, that in many instances drainage problems between adjoining
properties are found to be civil matters.
In response to your concern relative to the proposed Long Valley IS
development across from your property, we have referred your letter
to the Planning Commission for their consideration when that pro-
ject comes to them for a public hearing (tentatively scheduled for
March lo, !993 ) .
While we do not feel that it is the City' s responsibility to clean
your pond, we share your concern that the development review
process be done to a high standard to minimize off-site impacts ,
including drainage.
iSincerely,
Henry71en
Community Development Director
City of Atascadero
HE oh
cc: City Council
Planning Commission
Ray Windsor, City Manager
Andy Takata, Assistant City Manager
Brian Sword, Supervisor, Street Division
Bill Witti-never, Compliance Official
North Coast Engineering
1991 UNIFORM BUILDING CODE APPENDIX
Chapter 70
EXCAVATION AND GRADING
Purpose
Sec.7001.The purpose of this appendix is to safeguard life,limb,property and
the public welfare by regulating grading on private property.
Scope
Sec.7002.This appendix sets forth rules and regulations to control excavation,
grading and earthwork construction,including fills and embankments;establishes
the administrative procedure for issuance of permits;and provides for approval of
plans and inspection of grading construction.
The standards listed below are guideline standards and as such are not adopted as
part of this code(see Sections 6002 and 6003). w
1. Testing
A. ASTM D 1557,Moisture-density Relations of Soils and Soil Aggre- €
grate Mixtures a
B. ASTM D 1556,In Place Density of Soils by the Sand-Cone Method
C. ASTM D 2167,In Place Density of Soils by the Rubber-Ballon Method
D. ASTM D 2937,In Place Density of Soils by the Drive-Cylinder Method '¢
E. ASTM D 2922 and D 3017,In Place Moisture Contact and Density of 2
Soils by Nuclear Methods <?
Permits Required
Sec.7003.(a)Permits Required.Except as specified in Subsection(b)of this 9
section,no person shall do any grading without first having obtained a grading per-
mit from the building official.
(b)Exempted Work.A grading permit is not required for the following: U
1. When approved by the building official,grading in an isolated,self-con- 1
tained area if there is no danger to private or public property.
2. An excavation below finished grade for basements and footings of a build-
ing,retaining wall or other structure authorized by a valid building permit.This
shall not exempt any fill made with the material from such excavation or exempt
any excavation having an unsupported height greater than 5 feet after the comple-
tion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6.Mining,quarrying,excavating,processing,stockpiling of rock,sand,gravel,
aggregate or clay where established and provided for by law,provided such opera-
tions do not affect the lateral support or increase the stresses in or pressure upon any
adjacent or contiguous property.
993
000 ;,��
APPENDIX 1991 UNIFORM BUILDING CODE
\ 7. Exploratory excavations under the direction of soil engineers or engineering
geologists.
8. An excavation which(1)is less than 2 feet in depth,or(2)which does not
create a cut slope greater than 5 feet in height and steeper than 11/2 horizontal to l
vertical. ��
9. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter
than 5 horizontal to 1 vertical,or less than 3 feet in depth,not intended to support
structures,which does not exceed 50 cubic yards on any one lot and does not ob-
struct a drainage course.
Exemption from the permit requirements of this chapter shall not be deemed to
>? grant authorization for any work to be done in any manner in violation of the provi-
sions of this chapter or any other laws or ordinances of this jurisdiction.
Hazards
Sec. 7004.Whenever the building official determines that any existing excava-
tion or embankment or fill on private property has become a hazard to life and limb,
or endangers property,or adversely affects the safety,use or stability of a public
way or drainage channel,the owner of the property upon which the excavation or
fill is located,or other person or agent in control of said property,upon receipt of
notice in writing from the building official,shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard
and be in conformance with the requirements of this code.
Definitions
Sec.7005.For the purposes of this appendix the definitions listed hereunder
shall be construed as specified in this section.
APPROVAL shall mean the proposed work or completed work conforms to this ,fir
chapter in the opinion of the building official.
AS-GRADED is the extent of surface conditions on completion of grading.
BEDROCK is in-place solid rock.
BENC H is a relatively level step excavated into earth material on which fill is to
be placed.
BORROW is earth material acquired from an off-site location for use in grading
on a site.
CIVIL ENGINEER is a professional engineer registered in the state to practice
in the field of civil works.
CIVIL ENGINEERING is the application of the knowledge of the forces of
nature,principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works.
COMPACTION is the densification of a fill by mechanical means.
EARTH MATERIAL is any rock, natural soil or fill or any combination
thereof.
ENGINEERING GEOLOGIST is a geologist experienced and knowledge-
able in engineering geology.
994
00(➢�, t1)
REPORT TO CITY COUNCIL Meeting Date: 4/13/93
CITY OF ATASCADERO Agenda Item: D-4
Through: Ray Windsor, City Manager
Via: Henry Engen, Director of Community Development
From: Valerie Humphrey, Engineering Division
SUBJECT•
Expansion of Dial-A-Ride Service
RECOMMENDATION:
Staff suggests referring the question of expanding Dial-A-Ride
service hours and/or days to the 1993-94 budget process.
BACKGROUND:
At the Council meeting of March 23rd staff was directed to
report back on the feasibility of expanding Dial-A-Ride services to
include evening and weekend service.
In August of 1992 a Short Range Transit Development Plan of
Atascadero Dial-A-Ride was prepared by Nelson-Nygaard Consultants.
A survey completed of current transit riders showed that, by far,
the most requested modification in service is evening and weekend
service.
DISCUSSION•
Expand service day - Many of the requests for this change note
that Atascadero Dial-A-Ride does not begin service early enough for
them to transfer to the CCAT fixed route commute bus into San Luis
Obispo.
In order for Dial-A-Ride to provide this service a start time
of 6: 15 AM would be needed. This is an expansion of 1:45 service
hours each weekday, or 7:45 per week, per vehicle.: Depending upon
demand one or two vehicles would be needed.
Expanding service into the evening hours was not recommended
by the consultant. Historically ridership drops off sharply
towards the end of the day and it is not financially feasible to
provide evening service.
Weekend Service - Recent unmet needs hearings have shown a
demand for Saturday service. In order for Saturday service to be
cost effective, it may need to be run on a somewhat modified scale.
This service could be provided on a "reservation only" basis which
would require calling in at least a day in advance. This would
eliminate the need for a dispatcher and give a clear projection of
service needs for any given Saturday. This option would not allow
for the flexibility of unplanned trips and is not recommended.
Another option would be to equip one bus with a cellular
phone. The driver would receive requests for service or
cancellations directly. This option would provide service most
similar to that provided during the week and would provide less
confusion for the transit client.
Adding Saturday service from 9: 30 AM to 4: 30 PM would add 7
service hours per week.
FISCAL IMPACT
The City of Atascadero is required to collect at least 13% of
our operating costs through farebox revenues. In September of 1992
Council approved a fare increase to insure compliance with this
requirement. At that time it was noted that this increase would
also provide a cushion which would allow for a trial expansion of
service when ridership is usually lower than on established
services.
Hours Needed 3 Month Trial Cost
at $9. 52/hr
Expand Service Day:
Connect with CCAT 7 : 25 hrs/wk $ 897 . 06
Evening (2 hrs) 10: 00 hrs/wk $ 1, 237 . 32
Saturday Service:
9 : 30 - 4 : 30 7 : 00 hrs/wk $ 962 . 36
EXISTING FISCAL STATUS
Under the current service levels, Dial-A-Ride requires all
available TDA monies allocated to the City of Atascadero. This
situation is not expected to change as long as our Sales Tax
revenue remains relatively at its present level (TDA money is
determined in part on Sales Tax) . As such, increasing service
levels will create an operating deficit in the Dial-A-Ride fund,
unless there is a specific revenue source to pay for the extra
costs. This deficit would be covered initially by the TDA/Non-
Transit fund, and ultimately by the General Fund.
However, if the City's Sales Tax picture improves, or if the
portion of TDA monies allocated towards SLOCOG
administration/regional services decreases, then a re-examination
of Dial-A-Ride service levels would be in order.
cc: Nancy Koprowicz, Project Manager, DAVE Systems
REPORT TO CITY COUNCIL Agenda Item: D-5
CITY OF ATASCADERO
Through: Andy Takata, Ass't. City Manager Meeting Date: 4/13/93
From: Mark Joseph, Administrative Services Director
SUBJECT: Wil-Mar Financial Review
RECOMMENDATION: Council to review the findings by Carlos Reynoso,
the outside auditor selected to conduct the review.
BACKGROUND:
Council awarded a contract to Carlos Reynoso, CPA, at its
November 10, 1992 Council meeting. The .contract was to conduct an
independent financial review of the Wil-Mar Disposal Company,
pursuant to the Franchise Agreement between the City and Wil-Mar.
Mr. Reynoso has completed his review. His draft Independent
Accountant' s Report and Management Letter are attached. Mr.
Reynoso will be present at Council' s meeting to answer any
questions. Once the Council has reviewed the material, Mr. Reynoso
will finalize his report.
Wil-Mar has received a copy of the drafts and is also expected
to be present.
ANALYSIS•
To briefly summarize Mr. Reynoso' s conclusions, he did not
find any unreasonable costs. He did recommend a number of areas
where Wil-Mar could strengthen its internal controls, which will
benefit Wil-Mar' s operations, and not necessarily impact either the
City' s revenues or customer service.
The auditor did note that receipts from Rent-A-Bins and Ecolo
Bag Sales have not been included in the gross receipts from which
the City receives its 5 percent franchise fee. The franchise
agreement did not specifically address these revenue sources;
however, Wil-Mar has agreed to include the revenues as part of
Gross Receipts.
What this acknowledgment represents, however, is an increase
in the City' s franchise fee revenues of $2,224. 82 for the eight-
month period ending September 30, 1992. This represents slightly
over a 4 percent variance, and under the terms of the franchise
agreement, this means Wil-Mar is obligated to reimburse the City
for the costs of the financial review. In addition, the City will
receive approximately $2,500 annually in new franchise fees.
Finally, Wil-Mar has agreed to pay the City all franchise revenues
from Rent-a-Bin and Ecolo Bag sales since the new franchise
agreement was executed (October, 1991) .
cc: Carlos Reynoso, CPA
Bill Gibbs, Wil-Mar Disposal
000-I.-',:�
Carlos J. Reynoso
Certified Public Accountant
554 Spring Street - P.O. Box 70 - Paso Robles,California 93447-0070
05 (805) 238-9601 - FAX (805) 238-2406
INDEPENDENT ACCOUNTANT'S REPORT
TO: CITY OF ATASCADERO AND WIL-MAR DISPOSAL CO., INC.
At your request, I have applied the procedures enumerated below with respect to the
accompanying schedule of franchise fees. That schedule shows the gross receipts for
the eight months ended September 30, 1992 on which franchise fees were payable to
the City of Atascadero under the terms of a Solid Waste Collection franchise
agreement dated October 8, 1991. My review was made solely to assist you in
determining the amount of such franchise fees, as provided in Section 5 of that
agreement, and my report is not to be used for any other purpose. The procedures
I applied are summarized in Schedule A.
Because the procedures described in Schedule A do not constitute an audit made in
accordance with generally accepted auditing standards, I do not express an opinion
on the schedule of franchise fees referred to above. In connection with those
procedures, no matters came to my attention that caused me to believe that the
schedule of franchise fees should be adjusted,except that gross receipts from Rent-A-
Bins and sale of Ecolo Bags were not reported to the City of Atascadero as shown
on the schedule of franchise fees. Had I performed additional procedures or had I
made an audit of the financial statements in accordance with generally accepted
auditing standards, other matters might have come to my attention that would have
been reported to you. This report relates only to the accounts and items specified
above and does not extend to any of the financial statements of Wil-Mar Disposal
Co., Inc. for the eight months ended September 30, 1992.
Carlos J. Reynoso, C.P.A.
. December 17, 1992
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SCHEDULE A
CITY OF ATASCADERO
WIL-MAR DISPOSAL CO., INC.
SCHEDULE OF AGREED-UPON PROCEDURES
FOR THE EIGHT MONTHS ENDED SEPTEMBER 30, 1992
PROCEDURES FINDINGS
1. Meet with franchisee and City I met with franchisee and City
representatives for an entrance representative (Mark Joseph) on
conference. December 7, 1992 to discuss scope
of work.
2. Gain an understanding of the Through discussion and observation
franchisee's system to record billings of franchisee'soperations,
and cash receipts. documented an understanding of
their accounting system as it relates
to billings and cash receipts.
3. Design and perform specific tests I performed tests of certain"income
of the billings and cash receipts received reports" and of the billing
system and "income received reports". and cash receipts system from both
inside and outside the city limits and
found no exceptions.
4. Compared the "income received" I noted that gross receipts from rent-
reports that were submitted to the a-bin operations and from sale of
city to the "income received" reports ecolo bags were not reported to the
held by the franchisee. city. See the accompanying schedule
of franchise fees for amounts of
unreported gross receipts.
0001 " '"
SCHEDULE A
Page Two
CITY OF ATASCADERO
WIL-MAR DISPOSAL CO., INC.
SCHEDULE OF AGREED-UPON PROCEDURES
FOR THE EIGHT MONTHS ENDED SEPTEMBER 30, 1992
ADDITIONAL PROCEDURES
AGREED TO FINDINGS
5. Review the franchisee's compiled I reviewed the compiled modified
financial statements and corporate cash basis financial statements for
income tax returns and look for the years ended January 31, 1991
unusual or unreasonable cost and 1992, and for the eight months
categories and reporting practices. ended September 30, 1992, and the
Federal income tax returns for the
years ended January 31, 1991 and
1992. I looked for large and unusual
fluctuations between the periods and
discussed them with the franchisee.
After discussion with franchisee,
there were no unresolved fluctuations
noted. I also did not note any
unreasonable cost categories.
6. Make recommendations to the See management letter issued to
franchisee for weaknesses or franchisee.
inefficiencies noted in the
performance of the agreed-upon
procedures.
0001 c.;
Carlos J. Reynoso
Certified Public Accountant
554 Spring Street • P.O. Box 70 • Paso Robles, California 93447-0070
(805) 238-9601 • FAX (805) 238-2406
:3t
MANAGEMENT LETTER
March 2, 1993
CITY OF ATASCADERO
Atascadero, California 93423
REFERENCE: WIL-MAR DISPOSAL CO., INC.
In planning and performing my application of agreed-upon procedures to the
franchise fees reported for the eight months ended September 30, 1992, I considered
the Company's internal control structure to determine the extent of the agreed-upon
procedures to be performed and not to provide assurance on the internal control
structure.
However, during my performance of agreed-upon procedures I became aware of
several matters that are opportunities for strengthening internal controls and
operating efficiency. The memorandum that accompanies this letter summarizes my
comments and suggestions regarding those matters. This letter does not affect my
report dated December 17, 1992, on the agreed-upon procedures.
I have already discussed many of these comments and suggestions with various
Company personnel, and I will be pleased to discuss them in further detail at your
convenience.
Sincerely,
Carlos J. Reynoso, C.P.A.
CJR:jms
Enclosure
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WIL-MAR DISPOSAL CO., INC.
OPPORTUNITIES FOR STRENGTIIENING INTERNAL CONTROL
AND OPERATING EFFICIENCY
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Cash Receipts
During the process of gaining an understanding of your accounting system as it
relates to cash receipts, I noted that daily cash receipts are not kept intact(deposited
in bank and keypunched into the computer in the same group) because of the high
volume of transactions during the early part of the month. In order to strengthen
internal controls, cash receipts should be kept intact whenever possible. At a
minimum, the cash receipt stubs should be batched and kept together to correspond
to the bank deposit amount. Also, the cash receipts should be cut off at month end
and all cash receipt stubs keypunched in the corresponding month.
Aging of Accounts Receivable •
During the process of gaining an understanding of the billing process, I noted that on
a monthly basis, customer history cards are printed for accounts that have balances
over 60 days old for cycle 01 (regular pickup) and cycle 99 (mandatory) accounts.
These cards are used to follow up on past due accounts. However, I noted that a
complete aged accounts receivable trial balance (current, over 30 days, over 60 days,
and over 90 days) is not printed out. In order to facilitate the collection process and
provide monthly aging statistics for management of accounts receivable, an aged
monthly trial balance of accounts receivable should be obtained and retained.
Billing Invoices for Rent-A-Bin and Drop Boxes
During the process of gaining an understanding of the cash receipting process, I
noted that the invoices generated for Rent-A-Bins and Drop Boxes are printed out
on 8-1/2 x 11" size paper. However, when processing cash receipts, the 8-1/2 x 11"
size invoice is considered too big to batch along with regular pick up payment stubs,
therefore the information from the 8-1/2 x 11" size invoice is copied on a regular
sized payment stub for ease in batching with other payment stubs. The 8-1/2 x 11"
size invoice is destroyed. In order to increase operating efficiency, you should
consider revising the computer software to be able to generate the appropriate size
invoice and avoid re-writing the Rent-A-Bin and Drop Box payment stubs. •
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_WIL-MAR DISPOSAL CO., INC.
OPPORTUNITIES FOR STRENGTHENING INTERNAL CONTROL
AND OPERATING EFFICIENCY
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Recycling Coupons
During the process of gaining an understanding of the cash receipts process, I noted
that the Company currently issues recycling coupons with a value of. 25 cents each to
its recycling customers in order to encourage participation in the Curbside Recycling
Program. During the months of October, NovembeF, and December 1992, an
average of 6,500 coupons were redeemed by customers each month. This volume of
redemption has resulted in doubling the time it takes the bookkeeper to post
customer payments and coupons to each customer's account. It appears that the
current method of promoting participation in the Curbside Recycling Program is not
efficient and costly in terms of personnel costs. I recommend that the Company seek
alternatives in the way it encourages recycling. An alternative could be the payment
of dividends to all recycling customers. The dividend could be calculated by taking
the California redemption value less the direct sorting costs. The resulting amount
could then be distributed to all customers who are signed up for recycling. This
amount could be determined and distributed on a quarterly, semi-annually, or annual
basis. The computer software could be revised so that each recycling customer
automatically receives a credit on their bill. This process would increase operating
efficiency and also avoid other time consuming customer service issues such as lost
or stolen coupons.
Delinquent Accounts Receivable
During the process of gaining an understanding of the billing and cash receipts
process and my review of the Company's compiled financial statements, I noted that
delinquent accounts receivable from customers outside the city limits as of February
28, 1993 that are over 90 days, are 5.78% of accounts receivable outside the city
limits. Delinquent accounts receivables over 90 days from customers within the city
limits are 20.30% of accounts receivables within the city limits. The City initiated a
mandatory trash pick-up on July 1, 1.992. As of December 28, 1992, there were
approximately 100 customers who had not responded to the mandatory pick-up
program. These 1.00 customers represent a loss of cash flow of $750 per month or
a total of $4,500 as of. December 28, 1992. In reviewing the compiled financial
statements, I compared the financial statements for the year ended January 31, 1992
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0001 o�.
N'A'IL-MAR DISPOSAL CO., INC.
OPPORTUNITIES FOR S'T'RENGTHENING INTERNAL CONTROL
AND OPERATING EFFICIENCY
and for the eleven months ended December 31, 1992. 1 noted that the Company had
a net income of 6.2% of sales for the year ended January 31, 1992 but that for the
eleven months ended December 31, 1992, net income had decreased to 2.4% of sales.
This decrease appears to be caused by significant increases in expenses such as
insurance and because of the adoption of the Curbside Recycling Program.
In order to maintain any future rate increases to a minimum, the Company should
increase its efforts in the area of collection of accounts receivable, especially in the
area of mandatory accounts receivable. I would encourage the Company and City
to proceed with the proposal to place all delinquent accounts on the tax roll.
3