HomeMy WebLinkAboutAgenda Packet 05/10/1994 RRIC RE:VV154 CLAY
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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADIV11NISTRATION BUILDING
6600 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
MAY 10, 1994
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Govlernment Code
Section 54954.2. By listing a topic on this agenda, the City Council had expressed its
intent to discuss and act on each item. In addition to any action identified in the brief
general description of each item, the action that may be taken shall includel: A referral to
staff with specific requests for information; continuance, specific direction to staff
concerning the policy or mission of the item;discontinuance of considerationV authorization
to enter into negotiations and execute agreements pertaining to the iter, adoption or
apprnval; and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 408) and in the
Infortnation Office (Room 103), available for public inspection during Cito Ha# business
,hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need specie assistance to
participate in a City meeting or other services offered by this City,please contact the City
Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5 274J. Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
H
RULES OF PUBLIC PARTICIPATION: E
a
* 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 wishinco to speak has had
an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker°may respond but,
after the allotted time has expired; may not initiate further Idiscussion.
* The floor will then be closed to public participation and open for Council
discussion.
k
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Call to Order
Pledge of Allegiance
Roll Call
City Council Comments;
1. CITY'S BUILDING & CONSTRUCTION BOARD OF APPEALS:
A. Interview of applicants: Karen Lewis and Phil Wachtel
B. Resolution No. 34-94 - Appointing three members to the Board of
Appeals
2. Resolution No. 33-94 - Authorizing the retirement and transfer of
ownership of Police Canine Bodo Vom Feldhoeker Land
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
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
10. Nacimiento Water Purveyors Advisory Group
2
S
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are considered oto be routine, and
will be enacted by one motion in the form listed below. There v4ill be no separate
a
discussion on these items. A member of the Council or public mays by request, have
any item removed from the Consent Calendar, which shall then be roviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - April 26, 1994
i
2. RESOLUTION NO. 32-94 - Designating a no-parking zone or} Santa Lucia Ave.
at the intersection with Corta Ave.
3. ACCEPT NOTICE OF COMPLETION OF CAMINO REAL FASHION OUTLET
ROUGH GRADING IN CALTRANS RIGHT-OF-WAY PROJECT
4. ACCEPT NOTICE OF COMPLETION OF EL BORDO AVE./C�ALK MOUNTAIN
GOLF COURSE WASTEWATER COLLECTION LINE
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C. PUBLIC HEARINGS: None scheduled.
D. REGULAR BUSINESS:
1. STAFF REQUEST FOR DIRECTION REGARDING TWO PROPOSALS TO
ACQUIRE CITY PROPERTY:
A. Jehovah's Witnesses Congregation, 6200 Santa Yez - Proposal to
acquire .31 acres of Atascadero Creek Reservation #41to expand parking
B. Noble & Sheila Breshears, 11855 Santa Lucia Proposal to acquire
approx. .2 acres(APN 055-431-004) adjoining Graves!Creek Reservation
2. DESIGNATE COUNCIL REPRESENTATIVE ON AIR POLLUTION CONTROL
DISTRICT (APCD) BOARD
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk: Committee Report - LCC Environmental Qualityl Committee
4. City Treasurer
5. City Manager
3
e
REPORT TO CITY COUNCIL Meeting Date: 05/10194
CITY OF ATASCADERO Agenda Item Council Comments Item #1
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Interview new candidates for the City's Building and-Con truction Board of
Appeals.
RECOMMENDATION:
1. Interview candidates.
2. Selection.
3. Adopt Resolution No. 3494 appointing three citizens to the City's Board
of Appeals.
DISCUSSION:
. The Board of Appeals was established by Ordinance No. 4 in 1981 and is
attached for your information. The Board consists of five members. Three terms
expired in April. Kenneth Lerno was appointed to the Board in 199 and serves as the
Specialty Contractor. Michael Sherer was appointed to fill the bala ice of an unexpired
term in 1991 and serves as a General Contractor. Lyle Curry was appointed in 1992
and serves as the public-at-large member. The City Clerk was a thorized to open a
recruitment and solicit interest in the Board. Five (5) applications were received from
the following individuals:
Name: Membership Category:
Michael Sherer General Contractor
Kenneth Lerno Specialty Contractor
Lyle Curry Member-at-Large
Philip Wachtel` Member-at-Large
Karen D. Lewis` Member-at-Large
The City Council did, on April 26, 1994, agree to interview the two applicants
('Ms. Lewis and Mr. Wachtel) who have not previously served o the Board.
Attachments: Five Applications
Ordinance No. 44
• Resolution No. 34-94
Please return to: F1 y
CITY CLERK
6500 Palma Avenue
Room 208 t g _ MR*'
l
Atascadero, CA 93422 CITY OF ATASCADERO
CITY CLERK'S OFFICE /
APPLICATION`
CITY OF ATASCADERO
BUILDING & CONSTRUCTION BOARD OF APPEALS
Name: Karen D. Lewis
Address: 10765 Vista Road ascadpro CA 93422
Telephone: (805) 461-9001 Occupation: Real Estate Broker
Please give a summary of your education, experience and reasons for wishing to serve
on the Atascadero Board of Appeals. feel free to attach additional data or resume.
I ,feel I would be an excellent candidate to serve on the City of Atascadero
Building and Construction Board of Appeals due primarily to my business back
round in the construction fieldand-my
community in a way that I could contribute = time and expprtisp by aGaiGr.ing
those other members and the City Council that worked so hard to set and enforce
the minimum standards that make our community such a great place to live and work.
As a native to the area, I would be honored to sit on a panel of Peers--that
through such dedication I truly respect.-
hereby certify at the foregoing is correct, and that I am a resident of the City of
Atasc ero.
Signature: Date: 3 1
RESUME
KAREN D. LEWIS
10765 VISTA ROAD
ATASCADERO, CA 93422
(805) 461-9001
QUALIFICATIONS
Extensive background in all phases of finish construction including scheduling
and presentation of all design aspects from internal to external applications.
Twenty-eight years of general construction business experience which includes
single family residence, 1-4 units, to commercial projects. '
WORK EXPERIENCE
1966-1974 Owned and operated Avery Painting and Decorating, a design studio
located in Gilroy, California that served as 4 materials supply
headquarters for interior decorators and painting contractors.
. 1974-1979 Relocated with family to hometown area and opened Sun Down
Interiors on Spring Street in Paso Robles.
1979-1986 Freelanced as an interior designer for private clientele.
1986-1994 Real estate sales. In 1989 became a broker fpr Prestige Properties,
Presently a real estate corporation with as many as twenty-three licensed
real estate agents and over 200 listings. During this time I was
listed as one of the top ten in sales in the country.
EDUCATION
Templeton High School for twelve years, Class of `63. Two years at Cuesta
Junior College, Business Administration and Psychology: San Jose State University,
1+ years, Interior Design.
References, See Attached
MAR — Z O — S S T H U 1 1 : ^ a K A Z E Z S K I P R O P E ' - IES P . 01
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LARM INC.
^►� 15585 MONTEREY ROAD,SUITE B
MORGAN WILL.CA 05031
`� a.t<.;•. a.�. (408►779-816$/(408)225.4830
To whome it may concern. March 30, 1994
From 1969 through 1974 Karen Lewis was associated with the
Amberwood Development Corp. in the development of Rancho Encino
a 123 lot subdivision located in Morgan Hill California.
She was instrumental in the design of the Model Home Complex
of the development. She also assisted in the design of the f1cor
plans for the four model homes as well as their interior designs
and color selection.
During this period she also assisted in the scheduling of the
various sub.-contractors who worked of the project. I believe
that she would be of great benefit to any construction project
from lot layout to Architectural design , floor plans, color
selection and scheduling of the various sub-contractors required
for the project.
very tru yo14
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Please return to: .
F ;
CITY CLERK
tl[; W6 iii p
6500 Palma Avenue
Room 208 �. �—*Is'is -- • t 9-
Atascadero, CA 93422
CITY OF ATASCADERC,
CITY CLERK'S OFFI^=
APPLICATION
CITY OF ATASCADERO
BUILDING & CONSTRUCTION BOARD OF APPEALS
Name:
Address: s-
r.•
Telephone: �C�. ' � � Occupation:
Please give a summary of your education, experience and reasons for wishing to serve
on the Atascadero Board of Appeals. Feel free to attach additional data or resume.
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I hereby certify that the foregoing is correct, and that I am a resident of the City of
Atascadero.
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Signature: f�L� �� Date: ��� (YZI
_ -
Please return to:
CITY CLERKE
6500 Palma Avenue mAR 3
Room 208si—
Atascadero, CA 93422 CITY OF ATASCADERO �
i i
CITY CLERK'S OFFICE I
APPLICATION
CITY OF ATASCADERO
BUILDING & CONSTRUCTION BOARD OF APPEALS
Name:
Address:
Telephone: C Occupation:
Please give a summary of your education, experience and reasons for wishing to serve
on the Atascadero Board of Appeals. Feel free to attach additional data or resume.
IA
I hereby certify that the foregoing is correct, and that I am a resident of the City of
Atascadero.
Signature: Date: ;f
Rlv
CCCL� C
Please return to:
CITY CLERK
6500 Palma Avenue APRI
i
Room 208
. Atascadero, CA 93422 CITY OFaATASCADEROCITYCLnfFirr oto✓
APPLICATION
CITY OF ATASCADERO
BUILDING & CONSTRUCTION BOARD OF APPEALS
Name:
Address: lC'1/ �<Yt1 l�lGi fJ�l u SCS GSC:° C4 S'3 �
Telephone: ,, �(o�r C.��f L� Occupation:
Please give a summary of your education, experience and reasons'for wishing to serve
on the Atascadero Board of Appeals. Feel free to attach additional data or resume.
u l , lG� 417 6122 16C4
I hereby certify that the foregoing is correct, and that I am a resident of the City of
Atascadero.
Signatu' ..-t�/ Date: ;
Please return to:
CITY CLERK 6 r
f'i=i�' �^ , ,� fir e1[ ,
6500 Palma Avenuef t 79 8r"
Room 206
Atascadero, CA 93422 CInOFATASCADERO
CI TI'CIERKOFFICE
APPLICATION
CITY OF ATASCADERO
BUILDING & CONSTRUCTION BOARD OF APPEALS
Name:
Address:
3; District Representative
Telephone: Occupation:
Please give a summary of your education, experience and reasons for wishing to serve
on the Atascadero Board of Appeals. Feel free to attach additional data or resume.
riy formal education includes earning degrees in liberal arts-
ar;d construction technology . Attended University of Irvine
and _:
i
• ORDINANCE NO. 44
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING
SECTIONS 8 . 04. 230 AND 8.04.130 OF TITLE 8 OF THE
ATASCADERO MUNICIPAL CODE RELATING TO BUILDINGS AND
CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS
The Council of the City of Atascadero ordains as follows :
Section 1. Section 8.04.120 and 8 .04.130 of Title'; 8 of the
Atascadero Municipal ,Code are amended to read as follows:
Section 8.04. 120 . Board of appeals established.
In order to conduct hearings to determine the suitability of al-
ternate materials and methods of installation, and to provide for rea-
sonable interpretations of the provisions of this Code, there is here-
by established a Board of Appeals. The Board shall consist o€ five
(5) members, two (2) of whom shall be general contractors , one (1) one
whom shall be an architect or structural engineer , one': (1) of whom
shay be a specialty contractor , all of whom shall be cuali€ied by
e=erience and training, and one (1) of whom shall be 4 member of- the
public who is not one of the foregoing. Members of the Board of
appeals shall be appointed by and serve at the pleasure of the City
Council. The Building Official of the City shall serve as secreta-
ex-officio to the Board.
_n order to be eligible for appointment to the 3oad, the person
shall live within the City. Terms of initial appointment shalt. be =or
a term of two (2) years for t'ao (2) members , for a term of four (4)
years for three (3) members with four (4) year terms for subsequent
appointments . Each member of the Board shall be requited to comply
with the applicable provisions of the Political Reform' Act of 1974 ,
California Government Code Section 81000 , et seq.
The Board shall adopt reasonable rules and regulations , subject to
approval and adoption by the City Council, for conductRng its business
which shall conform to the requirements of the Ralph M Brown Act,
California Government Code Section 54950 , et. seq. , and shall render
all decisions and findings in writing with- a copy to the appellant.
Section 8.04. 130. Aageal procedure.
Any person aggrieved by a decision of the Planning'' Department re-
lated to any manner within the purview of this title, shall have the
right to appeal the decision. The appeal shall be filed with the
Building official within fifteen (15) business days atter the render-
ing of the decision affect ing the aggrieved person. Grounds for the
appeal shall be set forth in writing.
•
Ordinance No. 44 - Board of Appeals
The secretary of the Board shall set the time and place for a
hearing on the appeal, and notice of the hearing shall=be published in
a newspaper of general ciculation and shall be given to the appellant
by mailing it to him, postage prepaid, at his last known address, at
least ten (10) calendar days prior to the date set for hearing.
Any written reports to be made to the Board shall be filed with
the Secretary of the Board and shall be made available to the Board
and to the public no less than three (3) working days prior to the
date set for the hearing. Any Department Head shall have the right to
be heard on any matter coming before the Board.
The decision of the Board on the appeal shall not become final
until ten (10) working days after the Board has made its determination
in order to allow time for an appeal to be made to the Council from
the Board's decision.
Any party aggrieved by the determination of the Board shall have
the right to appeal its determination to the Council. Such appeals
must be filed with the City Clerk within ten (10) working days after
the Board has made its determination.
The Council shall set appeal fees to the Appeals Board and to the
City Council by resolution. There shall be no charge for city-
initiated appeals.
Section 2. The City Clerk shall cause this ordinance to be pub-
lished once within fifteen (15) days after its passage in the Atas-
cadero News , a newspaper of general circulation, printed, published
and circulated in- this City in accordance with Section 36933 of the
Government Code; shall certify the adoption and posting of this ordin-
ance; and shall cause this ordinance and its certification to be
entered in the Book of Ordinances of this City.
Section 3 . This ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after
passage and shall termination three (3) years from its effective date
on December 10 , 1981.
The foregoing ordinance was introduced on October 26 ,
1981, and adopted and ordered published on November 9 ,
1981, by the following vote:
AYES. Councilmen Highland, Mackev, Nelson, Stover, and Mayor
Wilkins
NOES: None
ABSZNT: None \' ) 7
� L
ROBERT J. WILZINS, JR. , Mayor
S
,�� Al
Ordinance No. 44 - Board of Appeals
ATTEST: .
MURRAY L/-WARDEN, City Clerk
APPROVED AS O FORM.:
ALLEN GRIMES , City attorney
APPROVED AS TO CONTENT:
MURRAY U'. WARDEN, .City Manager
•
3
RESOLUTION NO. 34-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,
APPOINTING THREE (3) MEMBERS TO THE
CITY OF ATASCADERO'S BUILDING & CONSTRUCTION
BOARD OF APPEALS
WHEREAS,the City Council has adopted Ordinance No. 44 establishing the City
Building & Construction Board of Appeals; and
WHEREAS, three terms have expired on the Board of Appeals; and
WHEREAS,public advertisements soliciting interest in appointment to the Board
of Appeals have been published and posted; and
WHEREAS, the City Clerk did receive five (5) applications for consideration; and
WHEREAS, the City Council did, on May 10, 1994, interview certain candidates
and consider all five (5) applications for appointment to the Board of Appeals and did
then vote for specific nominations.
NOW, THEREFORE, the City Council of the City of Atascadero does resolve to
appoint the following citizens to a four (4) year term each expiring on April 1, 1998:
as the General Contractor member.
as the Specialty Contractor member.
as the Member-at-Large.
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:
Resolution No. 34-94
Page Two
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
090`'13
6
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agend Item: COUNCIL COMMENTS #2
Through: Andy Takata, City Manager Meeting Date: 5-10-94
From: Richard H. McHale, Chief of Police
SUBJECT: Retirement and transfer of ownership of police canine
"Bodo Vom Feldhoeker Land".
RECOMMENDATION: Adopt Resolution No. 33-94
DISCUSSION: In August, 1988, the Atascadero Board of Realtors
sponsored a golf tournament as a fund raiser in which the
proceeds would pay for the police department's first police
canine. This very successful tournament generated $8,200. 00
which was donated in full to the new canine program.
The money donated by the Board of Realtors was used to purchase
Bodo who was a professionally trained police Germar Shepherd from
a kennel in Germany. The Board's donation also funded the canine
officer's (Robert Eckrote) attendance at the special canine
handler's training course as well as all rel ted equipment
including the necessary police car alterations. I
Bodo and handler Robert Eckrote began serving At.ascadero as a
team in September, 1988. Since that time, this excellent team
has been tremendously successful in making countless arrests,
doing preventive patrol, tracking, assisting other criminal
justice agencies and generally enhancing p lice-community
relations. Bodo is well known in law enforcement dircles for his
very impressive ability to "read" situations in the field and
thus react accordingly, always in concert with his
partner/handler Officer Eckrote. Bodo also continues to be
admired for his consistently mild temperament in his relations
with those not breaking the law!
In July, 1992, Bodo was found to be suffering from a compressed
spinal disc for which he underwent corrective surgery. The
surgery was successful and funding for the operation again came
from community donations.
Bodo's current status is that he may no longer work Patrol
functions as it would tend to aggravate his back arid furthermore,
he is now almost ten years old. Bodo has now earned a
"retirement" from police service.
In keeping with the foregoing information, it is customary that
the canine be offered to his handler upon the o casion of. the
dog's retirement; thus it is my proposal that the City of
Atascadero, by the attached" resolution, authorize Bodo's
retirement effective this date, and that ownership of canine Bodo
be transferred for the sum of $1.00 to the personal possession of
Officer Robert Eckrote who will assume permanent full
responsibility and liability for the dog's care and conduct.
FISCAL IMPACT: This action shall relieve the City of all
financial obligations related to canine Bodo.
Attachments: Resolution No. 33-94
Page - 2
RESOLUTION NO. 33-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
AUTHORIZING THE RETIREMENT
AND TRANSFER OF OWNERSHIP OF
POLICE CANINE BODO VON FELDHOERER LAND
WHEREAS, Police Canine Bodo Vom Feldhoeker Land has
faithfully and diligently served the City of Atascadero
since 1988 ; and
WHEREAS, Police Canine Bodo, through the guidance and
partnership of Officer Robert Eckrote has participated in
the apprehension and arrest of countless criminals in our
community; and
WHEREAS, Police Canine Bodo has courageously and
fearlessly assisted law enforcement agencies throughout San
Luis Obispo County in a myriad of police operations; and
WHEREAS, Police Canine Bodo, although ferocious when
dealing with potentially dangerous criminals, is well
respected for his mild, public relations-oriented
temperament; and
WHEREAS, Police Canine Bodo, almost ten years old,
having suffered the effects of surgery from a compressed
spinal disc in 1992, has been relieved of the rigors of
Patrol and other law enforcement responsibilities, and
WHEREAS, it is in the best interests of ,,' Bodo to now
officially retire him to the home of his handler/partner
Officer Robert Eckrote, and
WHEREAS, Officer Robert Eckrote has agreed to assume
ownership, care, liability and full responsibility for Bodo
effective this date in exchange for Robert's payment of one
dollar ($1. 00) to the City of Atascadero,
NOW, THEREFORE, BE IT RESOLVED that Canine Bodo is now
officially retired, and with this action ownership and all
attendant responsibilities are hereby transferred to Officer
Eckrote and; Bodo and Robert are commended for their
outstanding and unselfish service to our community over the
past six years.
On motion by Councilman and
seconded by Councilman the foregoing
resolution is hereby adopted in its entirety on the
following roll call vote:
i
Y
Resolution No. 33-94 , Page 2
AYES:
NOES:
ABSENT:
ADOPTED: May 10, 1994
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk ROBERT P. NIMMO, MAYOR
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
RICHARD H. McHALE
Chief of Police
Agenda Item: B-1
Meeting Date: 5/10/94
* NOTICE: THE MINUTES OF THE CITY COUNCI 'S 4/26 MEETING
WERE NOT AVAILABLE AT THE TIME OF AGENDA PREP-
ARATION AND WILL BE DISTRIBUTED SEPARATELY.
REPORT TO CITY COUNCIL Meeting Date: 5-10-94
CITY OF ATASCADERO Agenda Item: B-2
Through: Andy Takata, City Manager
via: Henry Engen, Director of Community Development AC
From: Valerie Humphrey, Engineering Division
SUBJECT:
Establishment of a No Parking zone on Santa Lucia near the
intersection with Corta Avenue.
RECOMMENDATION:
Traffic Committee recommends that Council adopt Resolution No.
32-94 establishing the No Parking zone as stated above.
DISCUSSION:
A request was presented to the Traffic Committee by a number
of the residents on Corta complaining that vehicles block their
road during high school baseball games across Sant Lucia.
The residents were requesting that No Parking be posted on
Santa Lucia and Corta Avenue; however, because Corta Avenue is a
non-city maintained street the City cannot post regulatory signs.
The Committee recommended that the residents purcha No Parking/No
Trespassing signs with the legal, wording that would allow for the
towing of vehicles from their property on Corta when problems
arise. Upon approval of the Resolution the City would past Santa
Lucia.
FISCAL IMPACT:
The cost of posting this area is approximately $200.00 to be
paid out of street department funds.
Attachment
i
Resolution No. 32-94
RESOLUTION NO. 32-94
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARKING ZONE ON SANTA LUCIA AVENUE
AT THE INTERSECTION WITH CORTA AVENUE
AS SHOWN ON EXHIBIT A
WHEREAS, Section 4-2.1101, et. seq. of the Atascadero
MunicipalCodeallows the City Traffic Engineer to designate "No
Parking" areas, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Traffic Committee has determined that
establishing a No Parking zone on Santa Lucia at the intersection
with Corta Avenue will alleviate a congestion problem; and
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings as indicated in the attached "Exhibit "A"
On motion by Councilmember and seconded by
Councilmember , 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 PRICE, 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
RESO. 32-94
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REPORT TO CITY COUNCIL Meeting Date: 5-10-94
CITY OF ATASCADERO Agenda Ite : B-3
Through: Andrew Takata, City Manager
From: Steve Sylvester, City Engineer
SUBJECT•
Acceptance of the Camino Real Fashion Outlet Rough Grading in
Caltrans Right-of-Way Project.
RECOMMENDATION•
Staff recommends that the City Council accept the subject
improvements as complete and requests authorization from Council to
release the 10% retention in the amount of $3 , 825. 00 thirty five
(35) days after the Notice of Completion is filed.
DISCUSSION•
Staff has reviewed the completed Camino Real Fashion Outlet Rough
Grading in Caltrans Right-of-Way Project and determined it to be in
substantial conformance with City Standards and the project plans
and specifications.
Resolution 70-93 approved an agreement between the City and the
Developer for public improvements associated with the Camino Real
Fashion Outlet Project._ The subject grading is part of these
public improvements.
FISCAL IMPACT•
The total contract amount of $38, 250. 00 will be p id from Camino
Real Assessment District bond proceeds.
ATTACHMENTS•
Attachment A, Notice of Completion
93107D.RPT
•
APR 16 '94 11:04 J.W. DESIGN & CONST. i P.2/3
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REPORT TO CITY COUNCIL Meeting Date: 5-10-94
CITY OF ATASCADERO Agenda Ite B-4
Through: Andrew Takata, City Manager
From: Steve Sylvester, City Engineer
SUBJECT•
Acceptance of the El Bordo Avenue/Chalk Mountain Golf Course Waste
Water Collection Line
RECOMMENDATION•
Staff recommends that the City Council accept the subject sewer
improvements as complete and requests authorization from Council to
release the 10% retention in the amount of $22 , 335-59, less
$17,575. 00, thirty five (35) days after the Notice of Completion is
filed. The total amount to be released is $4,760. 59.
DISCUSSION•
Staff has reviewed the completed E1 Bordo Avenue Chalk Mountain
Golf Course Waste Water Collection Line and deemed it to be in
substantial conformance with the plans and specifications approved
by the City Council.
Staff is recommending reducing the amount of the ret ntion released
by $17,575. 00 in order to cover additional costs incurred by the
City due to over-runs in the time allotted for completion of the
project and for remedying problems with the sewer trench paving.
This reduction also accounts for an over-payment of the bid item
for street replacement.
I
FISCAL IMPACT•
The amount budgeted by City Council for the constru tion of the El
Bordo Avenue/Chalk Mountain Golf Course Waste Water ollection Line
was $240, 160.80 which included a 10% contingency. The final cost
of the project with approved change orders was $2 3 , 356. 00. The
County of San Luis Obispo has agreed to contribute 24, 000. 00 upon
completion of the project. The developers of T act 1488 have
agreed to contribute 25% of the total construction cost for the
project, or $55, 839. 00, upon issuance of occupancy ermits for the
completed units on Tract 1488.
ATTACHMENTS•
Attachment A, Notice of Completion
Attachment B, County Board of Supervisors Resolution 92-469
including staff report
Attachment C, Tract 1488 Developer Reimbursement Agreement
92134.RPT
f
ATTACHMENT "A"
IN Z rtEE BOARD OF SUPEIIVISORS
COUNTY OF SAN LUIS OBISPO,STATE OF'i CALIFORNIA
Tues November 3 92
------day-7----------------------,19-----
• PRESENT:Supervisors Harry Ovitt, Evelyn Delany, Ruth Brackett,
David Blakely, and Chairperson Laurence L. Laurent
ABSENT: None
In the matter of Resolution NO. 92-469:
This being the time set for hearing to consider a resolution granting a
sewer line easement at Chalk Mountain Golf Course to the City of Atascadero.
Mr. Duane Leib, Director of General Services, presents the staff report.
Supervisor Laurent questions the septic system, with Mr. Leib responding. No
one appearing, thereafter, on motion of' Supervisor Blakely, seconded by
Supervisor Ovitt, and on the following roll call vote, to wit:
AYES: Supervisors Blakely', Ovitt, Delany, Brackett, Chairperson Laurent
NOES: None
ABSENT: None
RESOLUTION NO. 92-469, resolution authorizing Grant of an'Easement for Sewer
Improvements to the City of Atascadero, adopted.
cc: General Services (2)
file 11/5/92 klf
STATE OF CALIFORNIA,
County of San Luis Obispo, } ss.
I, _._._FBANCI.S-2L--C0DNEY........................ County Clerk and es-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors,affixed this --------5t.--_---
day of-----XQVZMBEl3----------19__92.
----------FRAI`i=_M,-.C-QQFM-------------
County erk and Ex-Officio Clerk f the Board
(SEAL) of Supe '3:0rs
By -- - -- -- ---
5 C-2 Deputy Clerk.
(1� z"fc�,
ATTACHMENT "B"
1950
COUNTY OF SAN LUIS OBISPO
bepantment of cEncQal seQvices
COUNTY GOVERNMENT CENTER• SAN LUIS OBISPO,CALIFORNIA 93408•(805)781-5200
DUANE P. LEIB,DIRECTOR
TO: BOARD O S ERVISORS
FROM: DUAN P. EIB, GENERAL SERVICES DIRECTOR
DATE: NOVEMBER 3, 1992
SUBJECT: PUBLIC HEARING AND RESOLUTION AUTHORIZING GRANT OF
EASEMENT FOR SEWER IMPROVEMENTS TO THE CITY OF ATASCADERO
Summary
The attached Agreement and Grant of Easement will convey a sewer
line easement to the City of Atascadero across a portion of Chalk
Mountain Golf Course.
Recommendation
The Department of General Services recommends your Board adopt the
attached Resolution and instruct the Chairman to execute the
attached Agreement for Grant of Easement for Sewer Improvements
Across Chalk Mountain Golf Course and Grant of Easement.
Discussion
On August 6, 1992, your Board adopted a Resolution of Intention to
Grant a Sewer Easement to the City of Atascadero and set November
3, 1992 as the time to consider public comment and execute the
attached documents.
The City of Atascadero desires to obtain a 10 foot right-of-way for
a sewer line across Chalk Mountain Golf Course. In exchange for
the easement, the City has agreed to hook up to the sewer the Golf
Course Clubhouse and existing restrooms at Heilmann Park at no cost
to the County. The City has also agreed the County shall not be
liable for any sewer fees in perpetuity for the Clubhouse or
restrooms at Heilmann Park.
Other Agency Involvement
None.
�� `0\
Board of Supervisors
November 3, 1992
Page two
Financial Considerations
The County will participate financially in the sewer project for a
sum not to exceed $24,400. Monies will come fromproject 15391
which is funded from the Chalk Mountain Golf Course Capital
Improvement Trust Account.
Attachment
mtelw:U'rW%CMSewex.BOS
ATTACHMENT "C"
CITY OF ATASCADERO
EL BORDO RELIEF SEWER REIMBURSEMENT
AGREEMENT
-2 WHEREAS, .��G� pEY Pme -r CORP, as Subdivider has
presented a final map of Tract No. 1488 preparatory to the approval
of the City Council of the City of Atascadero; but not all of the
improvements required or conditions imposed by Title 11, Chapter 8
and Chapter 10 of the Atascadero Municipal Code have been completed
or performed and
MMREAS, the Subdivider desires to file said final map after
the same has been approved by the City Council of the City of
Atascadero;
No , this a reement is made a enter d :nto this day of
C- 19_-i D by and between .G p
herein Iter called "subdivider" and the City of Atascadero, acting
by and through its City Engineer, hereinafter referred to as
nCityn.
WITNESSETH: Pursuant to the provisions contained in the City
of Atascadero Municipal Code, Title 7 Chapter 5 and Title 11
Chapter 8 and Chapter 10 the parties hereto do promise and agree
one with the other as follows:
1. The Subdivider agrees to contribute 25% of the total
construction cost for the EZ Bordo Relief Sewer Project
(City of Atascadero Bid No. 93-05) in an amount not to
exceed $511000. Said contribution is due and payable
upon issuance of occupancy permits for the completed
units on Tract 1488.
2. it is understood and agreed by and between the parties
hereto that this agreement shall bind the heirs,
executors, administrators, successors, and assigns of the
respective parties to this agreement.
3 . In .the event legal action is taken to enforce the
provisions of this agreement, therevailin
p g party shall
be entitled to recover costs to enforce the agreement,
including reasonable attorney fees.
4. Pursuant to Title 7, Chapter 5, Article 2 of the
Atascadero Municipal Code, the City may approve a refund
agreement with Subdivider. Said agreement shall provide
for reimbursement of the excess cost borne by Subdivider,
at such time within fifteen (15) years as money is paid
to the City for service from said sewer extension. j
Subdivider shall file and have approved by the City I
Engineer a reimbursement map showing the method and
amount of cost spread to each future connection to the
sewer extension. Y
oo0o"P9
Fr v
5. The Subdivider shall, defend, indemnify and, save harmless
the City, its officers, agents and employees from any and
all claims, demands, damages, costs, expenses, or
liability occasioned by the performance and attempted
performance of the provisions hereof, or in any way
arising out of this Agreement, including, but not limited
to, inverse condemnation, equitable relief, or any
wrongful act or any negligent act or omission to act on
the part of the Property Owner or of agents, employees,
or independent contractors directly responsible to the
Property Owner, providing further that the foregoing
shall apply to any wrongful acts, or any actively or
passively negligent acts or omissions to act, committed
jointly or concurrently by the Applicant, the Property
Owner's agents, employees, or independent:i contractors.
Nothing contained in the foregoing indemnity provisions
shall be construed to require the Property Owner to
indemnify the City against any responsibility or
liability in contravention of Section 2782 , of the Civil
Code.
IN WITNESS WHEREOF the Property Owner has hereunto set his/her
hand and the City has caused these presents to be signed by its
duly sworn and authorized officers the day and',' year first
hereinabove written.
le oc DEUE4
S ivi r ( rize signature) '
Henry Eng—ex, Direct. of Community Development
ELMDO XOS
i
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P
1
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TOTAL P.0 7
RECORDING REQUESTED BY:
land when recorded,mail to:)
City Clerk
CITY OF ATASCADERO
6500 Palma Avenue •
Atascadero, CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby given pursuant to Civil Code Section 3093:
1. The undersigned is corporate officer for the City of Atascadero, owner of
property hereinafter described.
2. The full name of the owner is the City of Atascadero,
3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422
4. The nature of the interest of the owner is in fee.
5. A work of improvement on the property hereinafter described was completed on
March 21, 1994.
6. The work done was construction of a waste water collection line.
7. The name of the contractor who performed such work of improvement was lohn
Madonna Construction, Inc. The date contract was entered into was
May 27, 1993.
8. The property on which said work of improvement was completed was in the City
of Atascadero, County of San Luis Obispo, State of California, and is described as
follows: Easterly along El Bordo Avenue from EI Camino Real through the Chalk
Mountain Golf Course terminating near the 13th green.
9. The street address of said property is: NN/A.
Dated:
ANDREW j. TAKATA, City Manager
City of Atascadero
VERIFICATION
I,the undersigned,say that I am the City Manager,declarant of the foregoing Notice of Completion;I have
read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. 1
declare under penalty of perjury that the foregoing is true and correct.
Executed on at the City of Atascadero, California.
ANDREW I. TAKATA, City Manager
City of Atascadero
92134.NOC 000031
p
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: b-1(A)
Through: Andy Takata, City Manager Meeting ate: 5/10/94
Frost: Henry Engen, Community Development Director
SUBJECT:
Proposal to acquire City-owned creekway property by the Jehovah' s
Witnesses Congregation at 6200 Santa Ynez.
RECOMMENDATION
That the City Council advise the congregation that the City does
not want to dispose of any Atascadero creekway property.
BA�xaRauND:
The City recently received the enclosed letter from the Jehovah' s
Witnesses located at 6200 Santa Ynez Avenue, expressing their
interest in acquiring approximately .31 acres to the rear of their
existing hall to enable expansion of their facility. The land pro-
posed to be taken would be from the Atascadero Creek Reservation
No. 4, which is owned by the City.
ANALYSIS:
The congregation has been at this location for so a twenty-five
years, and the General Plan designates the property as Public and
Quasi-Public. Churches are allowed by Conditional Use Permit.
However, the use permit requirements for churches requires that the
church be located on a collector or arterial road. Historically,
the City has considered service drives along freeways as being col-
lector roads. In this instance, expansion of the use by use permit
could be problematical in that the recently approved Project Study
Report for the reconfiguration of the 101/41 Interchange would
eliminate the connection of Santa Ynez with the service drive going
to Morro Road. The plan calls for the relocation of the Highway
101 south-bound off-ramp to line ug with Marchant at Morro Road.
In order to make that work, Navajoa and Santa Ynez are proposed to
be linked but not connected.
With respect to the process, the question of acquiring the property
creates a "chicken versus egg" problem. Disposition of such
property requires conformity findings with the City' s General Plan,
and the policy heretofore has been to expand such holdings and not
diminish them. Further, the processing of such a request would, in _
addition to a use permit approval, require a subdivision to create
the parcel and a lot line adjustment or a lot merger to combine the
parcel with the existing hall site. Adding to the timing problems
of such a request is the fact that the City has no detailed plans
for the Atascadero creekway on that side of Highway 101. Moreover,
Open Space Policy No. (i) states that:
"Publicly-owned creek reserves shall be preserved for park and
recreational use, with appropriate areas left in their natural
-
state for public enjoyment and habitat purposes. Any
recreational use of the creek shall minimize its' impact on
the habitat value and open-space qualities of the creeks. "
Notwithstanding the historic encroachment of the parking lot into
the creekway, the foregoing and related policies of the General`
Plan would not appear to be adhered to through expansion of the
parking lot
HE:ph
4
Encls: March 14, 1994 Letter - Ren Wilson
General Plan Location Map
cc: Ren Wilson
WILS'D
r?
I"
1> $fig
ON WILSON LS 5571
6715 MORRO ROAD (805)466-2445
ATASCADERO,CALIFORNIA 93422 FAX(805)466-0812
t_
Monday, March 14, 1994
To: Andy Takata
City Manager
City of Atascadero -
6500 Palma Ave
Atascadero, CA 93422
Dear Mr.Takata:
I represent the local congregations of Jehovah's witnesses in Atascadero. We aro interested in expanding our
facility located at 6200 Santa Ynez Avenue.The building has been used as a meeting place for Jehovah's Witnesses for
almost 25 years at this location.We wish to expand the facility to comply with current regulations regarding handicap
compatible bathrooms and our current design for meeting places which includes adding one additional meeting room
and a smaller conference room.
The reason we are addressing you is to request a purchase of a portion of the property located directly behind the
existing building. We have a parking lot around our building that has been in place sine the building was constructed. A
few years ago, our City Overseer was given verbal permission by someone at the city to continue using the city-owned
property behind the building for overflow parking. At that time, it was surveyed and it was determined that part of the
payed parking lot was also on the city's property and has been since the parking lot was built in 1970.The history behind
is property is as follows.
As shown on our attached map, our parcel is Lot 5 Block AB of Atascadero(yellow).The city owned property is a
portion of Atascadero Creek Reservation#4(green). The area shown outlined in red is an area that used to ba a low
lying area adjacent to the existing creek but was raised by the adding of fill from the construction of the Atascadero
Sewer. This fill is probably unsuitable for any buildings but can be used as a parking arca.
We wish to purchase a portion of the area shown in red.The amount that we wotold like to purchase depends
upon our needs for additional parking as well as the Citys needs for a buffer from the cheek.We would like to propose a
purchase of the property to within 50 feet from the top of bank. Please process this request as soon as possible as our
plans for expansion may depend on this.
Sincerely,
Ken Wilson, Professional Surveyor
LS 5571 EXP 9-30-93
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REPORT TO CITY COUNCIL Agenda Item: D--1(B)
CITY OF ATASCADERO
Through: Andy Takata, City Manager Meeting ate: 5/10.194
From: Henry Engen, Community Development DirectcorAe
I
SUB CT
0
Proposal by Noble and Sheila Breshears of 11855 Sant Lucia Road to
acquire adjacent City-owned Graves Creek property.
RECOM ENDATION:
Advise the adjoining owners that the City is not inte ested in dis-
posing of this property.
I
i
BACKGROUND:
The attached letter was recently received by Nobe and Sheila
Breshears expressing interest in acquiring an approximately one
quarter acre parcel that was picked up as tax delinquent by the
City (refer to attached staff report) . As noted in the staff
report, the parcel abuts Graves Creek and is virtually unbuildable
owing to setback requirements and proximity to the creek. In
talking with Mr. Breshears, he advised that he would not be
interested in paying for an appraisal to establish the worth of the
property, but would be willing to pay what the Citk paid for the
property ($150.00 purchase price + $31.37 for attend nt costs) . He
would be agreeable to an open-space easement being recorded against
the property to preclude its' development, but not in processing a
lot merger.
ANALYSIS:
The deed to this property was received on March 11t of this year.
Given the fact that so much of the lot is in actual dreekway, staff
would question whether it would be both good public policy and
worth the expenditure of time and effort to consider selling such
a property, especially at the acquisition price o $181 . 37 . It
would appear that both the Breshears and the City' s common interest
of keeping the property in open-space would be achieved by the
status quo. The amount of taxes that might be generated by putting
this back in private ownership would be minuscule.
HE:ph
cc: Noble and Sheila Breshears
I
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ATRMER0 kC
April 5 , 1994
Mr. Andrew, Takata ,_
City Manager
Atascadero , California
Dear Mr. Takata ;
We , Noble and Sheila Breshears own the
property 'next to a -small parcel of land ;
parcel # 055-431 -004 . Our address is 11855 Santa
Lucia Rd . , Atas.cadero. The City of Atascadero
pans th.e small parcel . We would like to purchase
that parcel from the city . Please advise us as
to what the City ' s price would be .
Thank you ,
r
Noble and Sheila Breshears
7
(l000119
1
�i
Doc No: 1594-400469 Roo No: Op000649
Recording requested by awl
when recorded return tot Official Records :NF 0.00
!rank L. Trait.:, rax Collector San Luis Obispo Co. ;
Francis 14. Cooney
Racor4er i
Jan 04, 1994 ;
Time: 14:10 ;
:TOTAL 0.00
}
Doc.Tam.Tac-aocrrst.d on Edi vow of pgwty esnwy d tY.rrra rr
TAX DEED To PURCNASER OP TAX.DEFAULTED PROPERTY
f On which the legally levied taxes were a Sen for Pisesl Year 1987-88
Uand for nonpayment were duly declared to be in default. 1514959
�t This dead,between the Tax Collector of San Luis Obispo
County("$ELLER•)and •PURCHASER').
The ttv of Atascader0
P"1 I conveys to de PURCKASER thedescribed
real orooefty herein which the
+ , SELLER acid to the PURCHASER by agreement effective 0n Qgcamhgr
W pUMMt m a statutM Dower of ask in atxoWvna with the provisions of
} Division 1.Pan 6,Chapter 8,Revenue and Taxation Code,for the sum of $10,00 _
bna Kneirnd and f-cfty Dollars end 06/100•s
q il
No taxing agency ab)e0ted to the sate.
j M soewdanee with law.the SELLER.hereby grants to the PURCHASER that
I Me i real property situated in said county.State of Camfomis,!sat assessed to
055.31.00.__
i r:nenr tnlx P Tre •described>s 101bWs:
} CW.007.005
1 Mone asfe WWfly dao.dbW No:
a g ATtACHMMT'M
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1 :ewe of Caetomle Exsastod on �,+�� �"•
San Luis OOisoo County ,)a t —A 1994 By
I"COWIN*
: On 1snuw a_199. bofsre ens.Frenal.M.Coorry.poraruliy"Penrod Franc L.Fr-t.a.Rwso"Ry kMwn to In►
t to bs sea tin Tea t:aeaotof of said sounty and tin pwwn veno wMa•tbod N lna vrlwn katalSad oaknovAsdesd to
i ! last tin M.:soiled tea ernwan
s in we xcorlm*spooky off Tex Cdlsotsr,.and that bli Ila signs b�,.he InatrwMn<,M
pow M Me on"upon ban i}at Wma the ovoon now,oxaavtad the k#WW;Mt.
ham' .••' .. nn kh,�_ '�
VATW i my Mad std of Wd ave.
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X 113708 804 4 3R&T Code f 1 tTDL'8.19 l5•021
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71
�� ASSESMENT NO.055,431,004
�' ATTACHMENT'A'
ur THE NORTHWESTERLY PORTION OF LOT 4 BLOCK 57 OF ATASCADERO COLONY.COUNTY OF
i SAN LUIS OBISPO,CALIFORNIA,DESCRIBED AS FOLLOW$: BEGINNING AT A PONT ON THE
CENTERLINE OF SANTA ANA ROAD COMMON TO LOT 4 N BLOCK 57 AND GRAVES CREEK
RESERVATION NO.8.AND RUNNING THENCE ALONG SAID CENTERLINE S.29° 15'E,64-20
{ FEET;CONTINUING THENCE ALONG SAID CENTERLINE ON A CURVE TO THE LEFT WHOSE
RADIUS IS 238.80 FEET,THROUGH AN ANGLE OF 30 0'A DISTANCE OF 20.84 FEET:THENCE S
130 V 13"W. 160.53 FEET TO THE LINE COMMON TO LOT 4 IN sLOCK 57 GRAVES
CREEK RESERVATION NO. :RUNNING THENCE ALONG SAID COMMON LINE NO 60 56'W,
135.00 A POINT OFT BEG ,NUNG`NG CONTAI INGIONG 20 ACRES MORE OR LE$SSAID COMMON LINEN, 210 43'E, 107.70 FEET TO
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END OF DOCUMENT
iv,i•; t rrr,.. �.
REPORT TO CITY COUNCIL Meeting Date: 7/27/93
• CITY OF ATASCADERO Agenda Item: - r,
Through: Andy Takata, City Manager
Via: Henry Engen, Community Development Director
From: Kelly Heffernon, Administrative Analyst
SUBJECT: Agreement to purchase tax-defaulted property through the tax-lien sale
process
RECOMMENDATION: That Council adopt Resolution No. 86-93 approving an
agreement to acquire ownership of Assessor's Parcel No.
055-431-004 through Chapter 8 Sale (Sale by Agreement)
in accordance with the County Tax Collector's letter of May
27, 1993.
BACKGROUND:
The owners of the subject property are over five years delinquent in payment of
property taxes which were due prior to 1988. Under the conditions of the State
Revenue and Taxation Code, the property is now subject to the Power of Sale by the
County for this nonpayment.
The City was given notice by the County Tax Collector about the availability of this
property last May (see Attachment A). The "Chapter 8" process is long and
complicated, and the property owners may yet regain their title by payment of the
back taxes. However, the City now has the opportunity to initiate'the process to gain
ownership of this parcel for $150.00.
DISCUSSION:
The property is a small (approximately 1/4 acre) vacant lot immediately adjacent to
Graves Creek on the west side of Santa Lucia road (see Attachment B for location
map). The property contains a steep creek bank and is currently Odense with riparian
vegetation, including several large Valley and Coast Live Oaks.
The property has numerous restraints, rendering it virtually unbuildable. It is zoned
RS and therefore is nonconforming to the minimum 2.5 acre size, it would be subject
to building setback requirements, and septic suitability is doubtful.
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Purchase of this land would be for preservation purposes which is consistent with the
City's open space policies found in the Land Use and Conservation Element of the is
General Plan. Most relevant are the following two policies (pp. I1-30, II-31):
a. Scenic and sensitive lands including creeks, riparian corridors, wetlands
and other areas of significant habitat value shall be protected from
destruction, overuse, and misuse by the use of zoning, tax incentives,
easements, or fee acquisition.
i. Public-owned creek reserves shall be preserved for park and recreational
use, with appropriate areas left in their natural state for public enjoyment
and habitat purposes. Any recreational use of the creeks shall minimize
its impact on the habitat value and open space qualities of the creeks.
The first step in this process is for the City to indicate to the County it is interested
in purchasing the parcel by adopting the attached Resolution approving the Agreement
to Purchase (see Attachment C for a copy of the Agreement). The Resolution and
Agreement are due to the County Tax Collector's Office by July 30th and will be
presented to the County Board of Supervisors on August 24th. After the Agreement
is adopted by the Board, it will be forwarded to the State Controllers Office.
The City Council is required to make a positive finding of consistency with the General
Plan before acquiring land. Normally this item would have first been referred to the
Planning Commission, but due to the County deadline it is being brought to your
Council to give direction as the "Planning Agency".
FISCAL IMPACT:
The purchase price for the property is $150.00 plus any publication costs.
RESOLUTION NO. 86-93
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
APPROVING AN AGREEMENT TO PURCHASE TAX-DEFAULTED LAND
ASSESSOR'S PARCEL NO. 055-431-004
WHEREAS, the real property located adjacent to Graves Creek Reservation No.
1 on Lucia Road in the City of Atascadero, County of San Luis Obispo, State of
California, also referred to by Assessor's Parcel No. 055-431-004, is subject to the
Power of Safe for the nonpayment of delinquent taxes; and
WHEREAS, said real property is now vacant and unused; and
WHEREAS, the City of Atascadero desires to acquire said real property through
"Chapter 8 Sale" (Sale of Agreement) in accordance with the provisions of Division
1, Part 5, Chapter 8, of the Revenue and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero as follows:
1 . The City Council approves the Agreement to Purchase Tax-Defaulted Land for
the above-said real property referred to as Assessor's Parcel No. 055-431-004.
2. The City Administrator is authorized and directed to execute all necessary
documents related to said purchase and to submit said '..documents to the
County of San Luis Obispo.
On motion ouncilmember / �✓��, �` seconded by
Councilmember ( F✓, the foregoing resolution is hereby adopted
in its entirety on the following roll call vote:
7 ? �
AYES: Cl✓J^ �"Y. -t't �Z,� - G�/ �` % � �
NOES: n, ,
ABSENT:
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ADOPTED:
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ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk MARTY KUDLAC, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
a ATTACHMENT A
MAA _ f RANK L.FREITAS,C.P.A.
••'•` COUNTY TAX COLLEC70R ! i
RENEE SIMON
T ASSISTANT _
TAX COLD
S A N L U I S O B I S P O C O U N T Y
ROOM 203 • COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93408-2060 • TELEPHONE (805) 781-5830
FAX (805) 781-10
CHAPTER 8 SALE
NOTICE TO TAXING AGENCIES
City of Atascadero Date: May 27, 1993
City Clerk
6500 Palma Ave.
Atascadero, CA 93422
Enclosed is a tear sheet from the first publication of our NOTICE
OF POWER TO SELL TAX-DEFAULTED PROPERTY. These parcels are subject
to the Power of Sale, July 1, 1993, unless they are sooner redeemed
or an installment plan of redemption is initiated. Parcels on the
publication list which have been redeemed since May, 1993 , are
noted on the attached sheet. (Attachment A)
If you wish to purchase any of these parcels by Chapter 8 Sale
(Sale by Agreement) , please notify the Tax Collector's Office,
Redemption Department, PRIOR TO July 16, 1993 . Your';, request should
indicate all parcels you may be interested in acquiring, and should
by organized in a format similar to the attached example.
(Attachment B) In addition, a cover letter briefly stating the
reason for the proposed agreement, must be included.
If no response is received in this office by the above specified
date, we will assume that you do not intend to purchase any parcels
by Chapter 8 Sale this year, and that you do not oppose the
acquisition of these parcels by any other taxing agencies.
Thank you for your concerns. Any questions should be addressed to
the Redemption Department at (805) 781-5836.
Sincerely,
FRANK L. FREITAS
COUNTY TAX COLLECTOR
Deputy
1915 ACT BONDS WILL HAVE TO BE PAID IN ADDITION TO THE MINIMUM BID
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ATTACHMENT B
ASCADERo s 55-43
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CITY OF ATASCADERO
-� Assessor's Map Bk. 55,—Pg.43
(42 County of Son Luis Obispo, Calif.
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ATTACHMENT C
AGREEMENT TO PURCHASE TAX-DEFAULTED LAND
THIS AGREEMENT, made this 24th day of August by and between the Board of
Supervisors of San Luis Obispo County, State of California, and the City of
Atascadero, pursuant to the provisions of Division 1, Part 6,, Chapter 8, of
the Revenue and Taxation Code.
W I T N E S S E T H
THAT WHEREAS, the real property situated within the County of San Luis
Obispo, State of California, hereinafter set forth and described in Exhibit
"A", attached hereto and made a part hereof, is subject to Power of Sale for
the nonpayment of delinquent taxes.
NOW THEREFORE, it is mutually agreed as follows:
1. That as provided by 53800 of the Revenue and Taxation Code, the cost
of giving notice of this agreement shall be paid by the PURCHASER,
and
2. That the PURCHASER agrees to pay the sum of $150.00 for the real
property described in Exhibit "A" within ten (10) days after the
date this agreement becomes effective. Upon paymenth, of said sum to
the tax collector, the tax collector shall execute and deliver a
deed conveying title to said property to PURCHASER. '!
IN WITNESS WHEREOF, the parties hereto have caused their respective
names to be hereunto subscribed and their respective seals to be hereto
affixed by their respective officers thereunto duly authorized.
ATTEST:
By
(Purchaser)
(Seal)
ATTEST:
BOARD OF SUPERVISORS'i
SAN LUIS OBISPO COUNTY
Clerk of the Board of Supervisors
BY BY .
(Deputy) (Chairman)
(Seal)
Pursuant to the provisions of 53775 of the Revenue and Taxation Code, the
governing body of the City of Atascadero hereby agrees to the selling price
as provided in this agreement.
ATTEST:
CITY OF
(City Clerk)
By By
(Deputy) (Mayor)
(Seal)
This agreement was submitted to me before execution by the Board of
Supervisors and I have compared the same with the records of San Luis Obispo
County relating to the real property described therein.
San Luis Obispo County Tax Collector
Pursuant to the provisions of $3775 and §3795 of the Revente and Taxation
Code, the Controller agrees to the selling price hereinbefore set forth and
approves the foregoing agreement this day of , 19 _
(State Controller)
BY
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-2
Via: Andrew J. Takata, City Manager Mee ing Date: 5/10/94
From: Henry Engen, Dir, of Community Development
SUBJECT: City representation on Air Pollution Control District APCD) Board
RECOMMENDATION:
Following discussion, provide direction to the City's representative on the City
Selection Committee with respect to appropriate City representation on the APCD.
BACKGROUND:
The attached staff report was considered by the San Luis Obispo Council of
Governments (SLOCOG) on May 4th. Their action was to request cities to make a
recommendation through the City Selection Committee back to 1he APCD (which is
the Board of Supervisors) as to the form of city representation d sired on the APCD
to implement AB 75.
ANALYSIS:
The attached SLOCOG staff report includes the legislation which provided for city
representation on the APCD. Heretofore,the APCD has been the Board of Supervisors
sitting as the clean air body. Under terms of the legislation, if no z Iternate actions are
initiated, the APCD would be directed to provide for a 50/5 split membership
between cities and the Board of Supervisors after July 1 . However, there are no
sanctions included in the bill to compel such action.
Alternatives include the following:
1 . 50/50 - This could be three members of the Bard and three city
representatives, or up to five members of the Board and five city
representatives.
2. Subreqional - One proposal that had been discussc d was to have five
imembers of the Board plus a city member from the north county/south
county and San Luis Obispo.
3. SLOCOG Model - This would provide for the maximum city member-ship
of seven, coupled with the five members of the Board, and would
provide cities with the same representation as SLOCOG.
The latter model would provide for maximum representation for communities and
would mirror the approximate percentage of the population in the County that resides
in incorporated cities.
With respect to future issues,there is a very close connection between transportation
planning and clean air plan measures, and it is quite Likely to be a subject of
considerable debate in the future as clean air plan rules are implemented in
conjunctionwith the congestion management planning that is the purview of the
Council of Governments. The status quo would mean that the Board of Supervisors
could make very important local determinations relative to means by which the Clean
Air Plan is implemented, and this could be at the expense of local transportation
projects.
In addition to the issue of city representation, there will also be a debate over proper
means for financing the APCD staff, which is currently a department of the County.
However, except for office space and legal counsel, their costs appear to be covered
by fees and do not require a general fund contribution. However, County admin-
istrative staff will be pressing for a cost-sharing approach with city representation on
the APCD.
HE:cw
Enclosure: 5/4194 SLOCOG staff report
2
000031
May 06,1994 X 3:10PM FROM SLOCOG TO 914610606 P.01
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SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
AENC MATE: IAX i�94
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I�RESENT` `T}t N OWWR, FOLLU77
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SUMMARY
At Its April 4th meeting the Council directed staff to agendize the issue of city representation on
the APCD board, as required by Assembly Bill 75(Houser)which was enacted in 1993. SLOCOG
has a limited official role in this matter and is only functioning as a forum for the discussion of a
significant regional issue. This staff report summarizes the major provisions of AB 75, of which
the full text is attached. Assembly 51112692, which was subsequently authored by Assembly
Member Seastrand to clarify the apportionment of district costs between the county and the cities
is currently inactive. County Administrative staff, SLOCOG Legal Counsel, and the APCD Director
will be in attendance at the meeting to address applicable issues of concern on this matter.
RECOMMENDATION
Staff- Discuss composition of the board and mechanism for resolution.
DISCUSSION
Assembly Bill 75 (Hauser) requires that on or after July 1, 1994 the governing board of each Air
Pollution Control District(APCD) and Air Quality Management District(AQMD) in the State include
one or more members who are mayors, city council members, or both, and one or more
members who are county supervisors. Following is a summary of its primary provisions.
Membership- Section 40100 of AB 75 contains the following major provisions defining how the
composition of the APCD board shall be determined:
1. The number of those members and their composition shall be determined jointly by the
county and the cities within the district, and shall be approved by the county, and by a
majority of the cities which contain a majority of the population in the incorporated areas
of the district.
2. The governing board is required to reflect, to the extent feasible and practicable, the
geographic diversity of the district and the variation of population'abetween the cities in the
district.
3. The members of the governing board who are mayors or city council members shall be
selected by the city selection committee. The members of the governing board who are
county supervisors shall be selected by the county.
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4. In districts where the population in.the incorporated areas represents more then 50
percent of the total county population (as is the case in San Luis Obispo County), if a
district faits to comply with the above noted requirements by July 1st, one-half of the
members of the governing board shall be mayors or city council members, and one-half
shall be county supervisors.
Program Funding-Section 40701.5 of AB 75 provides that funding for a district may be provided
by, but Is not limited to, any one or any combination of the following sources: grants;
subventions;permit fees; penalties;a surcharge or fee on motor vehicles registered in the district;
an annual per capita assessment on those cities which have agreed to have a member on the
district board and on counties included within the district. Any annual per capita assessment
imposed by the district on those cities and counties included within the district shall be imposed
on an equitable per capita basis.
Staff report prepared by Mike Harmon
D-1
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