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HomeMy WebLinkAboutAgenda Packet 07/12/1994 i " OUBLIC REVIEW COPY '* eaa do not remove 1 AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM JULY 12, 1994 7:00 P.M. f This agenda is prepared and posted pursuant to the requirements of Go emment Code Section 54954.2. By listing a topic on this agenda, the City Council ha expressed Its intent to discuss and act on each item. In addition to any action identified in the bd)ef general description of each item, the action that may be taken shall includ : A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy ormission of the item;discontinuance of consideration;authorization to enter into negotiations and execute agreements pertaining to the ite , adoption or approval; 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 08) and in the Information Office (Room 103), available for public inspection during Cit 1 Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need spech I assistance to participate in a City meeting or other services offered by this City,please ontact the City Manager's Office((805)461-50101 or the City Clerk's Office ((805) 46 1- 074). Notifica- tion at least 48 hours prior to the meeting or time when services are neede will assist the City staff in assuring that reasonable arrangements can be made to provi fe accessibility to the meeting or service. E RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on thea ends. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishin to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. —I CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS O Confirm City Council Committee Assignments (Mayor Bewley) PRESENTATIONS: o Tom Walters, Wil-Mar Disposal, Inc., of California Redemption Value'` Refund (from Curbside Recycling Program). 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/Regional Transit Authority 2. City/School Committee 3. Traffic Committee 4. County Water Advisory Board 5. Economic Round Table 6. Colony Roads Committee 7. Liability Claims Review & Finance Committee 8. Nacimiento Water Purveyors Advisory Group 9. Highway 41 Realignment Community Advisory Committee B. CONSENT CALENDAR: All matters listed under Item 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: 2 !� 1. RESOLUTION NO. 42-94 - Placing the Annual Payment for ssessment District No. 8 (South San Gabriel) on the Property Taxes for the 1994-95 Fiscal Year 2. RESOLUTION NO. 67-94 - Recommending Continuation of Current Developer Fee Schedule 3. RESOLUTION NO. 68-94 - Annual Ratification of the San Lis Obispo Council of Governments Joint Powers Agreement for Fiscal Year 1 94-95 4. FINAL APPROVAL OF THE AGREEMENT TO CONVEY REAL PROPERTY AND THE JOINT OCCUPANCY AGREEMENT RELATING TO THE ACQUISITION OF THE MASONIC TEMPLE 5. PAYMENT OF BILLS AND AUDITED PAYROLL FOR JUNE 994 C. PUBLIC HEARINGS: 1. RESOLUTION NO. 63-94 Authorizing Placement of Delin luent Solid Waste Charges on Property Taxes for Fiscal Year 1994-95 2. RESOLUTION NO. 64-94 Authorizing Placement of Annual Sewer Service Charges on Property Taxes for Fiscal Year 1994-95 3. RESOLUTION NO. 65-94 - General Plan Amendment to Extend Urban Services Line to Include the Neighborhood Commercial Zoned Corner at EI Camino Real and Viejo Camino (City-initiated) 4. RESOLUTION NO. 66-94 - General Plan Amendment to Extend Urban Services Line to Include the Neighborhood Commercial Zoned Corner at EI Camino Real and Del Rio (City-initiated) D. REGULAR BUSINESS: 1. LAS ENCINAS TRAFFIC SAFETY SIGNAGE - Recommended Revisions 2. DEVELOPMENT REVIEW ADVISORY COMMITTEE Consideration -of Communications from the Planning Commission and Buildinc and Construction Board of Appeals 3. RETAINING THE EXISTING CURBARIL BRIDGE - Response from County Board of Supervisor 4. RESOLUTION NO. 70-94 Authorizing the Execution of ati Agreement with Arthur Blankenship to Maintain Open Space (APN #56-352-004/Santa Rosa Road) 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk _ 4. City Treasurer 5. City Manager F. CLOSED SESSION: The City Council will adjourn to a Closed Session for the Following Purposes: 1) LIABILITY CLAIMS: Claimant: Rex Hendrix, Betty Hendrix and Darlene Frederick Agency: City of Atascadero 2) CONFERENCE WITH LABOR NEGOTIATOR Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sargent's Service Organization,Atascadero Safety Technicians Organization and Mid-Management Bargaining Unit 4 A I 0 u MEMORANDUM To: City Council Members Date: 6/29/94 From: R. David Bewley, Mayor Subject: Committee Assignments Following is a list of committee assignments following reorgani ation of the Council Please let me know if you have any questions or concerns. Committee/Agency Meets Appointee Alternate City-School Committee 3rd Thurs., 1:30 Ray Johnson George Luna Atascadero Traffic Committee 3rd Wed., 3:30 George Luna Ray Johnson City Hall SLO Council of Govts. 1st Wed., All day Hal Carden George Highland (SLOCOG) SLO SLO Regional Transit Hal Carden George Highland Authority (SLORTA) Liability Claims Review As called George Luna Hal Carden and Finance Committee City Hall Economic Round Table 3rd Wed., 7:30 am Ray Johnson Dave Bewley City Hall County Water Advisory 1 st Wed. George Highlar d George Luna Board SLO i Nacimiento Water Purveyors' As called George Highla d George Luna Contract Technical Advisory Group SLO j 6 Oowy)l REPORT TO CITY COUNCIL Meeting Date: 7-12-94 CITY OF ATASCADERO Agenda Item• B-1 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Dev lopment ��_ From: Valerie Humphrey, Engineering Divisio SUBJECT• Assessment District No. 8 - San Gabriel Road RECOMMENDATION• Staff recommends that Council adopt Resolutio No. 42-94 for the placement of the annual assessment charge for District 8 on the property taxes for Fiscal Year 1994-95. BACKGROUND• Assessment District No. 8 is unique in that th sewer line was installed by the Atascadero Unified School District for the new San Gabriel Road School. Upon completion of the line a Reimbursement Agreement was executed establishing a charge for all of the properties fronting on the line. While City ordinance requires all properties fronting a sewer line to connect, the area along San Gabriel Road is outside the Urban Services Line and are therefore prohibited from such connection. To complicate matters, there are six properties on San Gabriel Road which are part of Cease and Desist Order No. 81-60 requiring connection to the new sewer line. To en ble compliance with the Order a General Plan Amendment was adopted which allows for the connection of Cease and Desist properties even when outside the USL. In accordance with Ordinance #246 the property owners were given the option of paying all fees up front or having the fees prorated for a 15 year period at 10% interest, payment to be made through the property taxes. The fees include the reimbursement amount, Annexation Fee and permit cost for a tot 1 of $5,830. 00 While four of the six property owners chose to pay the total cost up front, two have chosen to have the charges added to the property taxes. The charges differ in that one property owner chose to pay part of the fees upon connection. FISCAL IMPACT• The Reimbursement Agreement with the AUSD states that the reimbursement amount will be paid upon connection of the property and does not allow for prorated payments. Therefore, the City must pay the full amount of $9,890.00 to the AUSD and can then retain the payments made through the taxes. Attachment: Resolution No. 42-94 RESOLUTION NO. 42-94 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT NO.8 (SAN GABRIEL) ON THE PROPERTY TAXES FOR FISCAL YEAR 1994-95 WHEREAS, the Regional Water Quality Control Board issued Cease and Desist Order No. 81-60 which included the area specified as Assessment District No. 8; and WHEREAS, the Atascadero Unified School District (AUSD) constructed a public sewer line on San Gabriel Road providing access to this area; and WHEREAS, the AUSD entered into a Reimbursement Agreement with the City providing for the collection of monies from properties connecting to this sewer line; and WHEREAS, Ordinance No. 246 allows for the repayment of such fees over a 15 year period at an interest rate of 0% NOW, THEREFORE, BE IT RESOLVED by the Council',' of the City of Atascadero as follows: Section 1. The above recitals are true and correct Section 2 . The adoption of this resolution authorizes the collection of the assessment for the fiscal year commencing on the 1st day of July 1994 and ending on the 30th day of June, 1995, said assessments as listed on attached Exhibit A. Section 3 . The City Clerk is hereby ordered and directed to file a certified copy of the assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption. On motion by Councilmember and seconded by Councilmember the foregoing resolution is adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 00W?o Resolution No. 42-94 page two ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development EXHIBIT A ANNUAL ASSESSMENT - DISTRICT NO. 8 054-151-033 637. 68 054-151-039 747 .94 REPORT TO CITY COUNCIL Agenda Item: B-2 CITY OF ATASCADERO Through: Andrew J. Takata, City Manager Meeting Date: 7/12/94 From: Henry Engen, Community Development Director %AC SUBJECT: Continuation of current development impact fees . RECOMMENDATION• Adopt Resolution No. 67-94, reaffirming the cur ent developer impact fees . BACKGROUND/ANALYSIS: Atascadero revised its developer impact fees in April, 1991, following a study conducted by Crawford, Multari and Starr. Those fees, adopted under Resolution 14-91, are still in effect today having been reaffirmed by the City Council on July 13, 1993 . The enabling resolution requires that the fees be reviewed annually. At this time, no change is proposed. However, it would be desirable to review the fee schedule before next year in view of the project list contained in the 1993 Circulation Element and the newly adopted FY 1993-98 Capital Improvement Program. P HE :ph cc: Russ Scotten, Interim Finance Director I RESOLUTION NO. 67-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO REAFFIRMING DEVELOPER IMPACT FEES FOR FISCAL YEAR 1994-95 WHEREAS, revised developer impact fees were established by City Council under Resolution No. 14-91, effective April 9 , 1991; and WHEREAS, such fees must be reviewed and/or revised annually with the adoption of the City budget; and WHEREAS, no changes to said fees are proposed at this time, although revisions may be proposed at a future time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero: Section 1 . The fee schedule established by Resolution No. 14-91 is hereby reaffirmed and shall remain in full force and effect. Section 2 . That this resolution shall take effect immediately upon adoption. On motion by Councilperson seconded by Councilperson , the foregoing resolution is here- by adopted in its entirety on the following roll call vote. AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ()(!i"fft �a Resolution No. 67-94 • Page 2 ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director • s REPORT TO CITY COUNCIL Meeling Date: 7/12/94 CITY OF ATASCADERO agenda Item : B-3 Through: Andy Takata, City Manager r � From: Lee Price, City Clerk SUBJECT: Annual Ratification of the San Luis Obispo Council of overnments Joint Powers Agreement. E 0 RECOMMENDATION: i Adopt Resolution No. 68-94 Ratifying the Joint Powers A greement with the San Luis Obispo Council of Governments (COG) for Fiscal Year 1994-95. DISCUSSION: The Joint Powers Agreement is identical to that approved in 1993 with one 9 pp , exception: On page 11 , (IX. COMMITTEES) references to the Solid Waste Task Force and the Solid Waste Technical Advisory Committee (former sub- aragraph g.) have been deleted reflecting the elimination of these two standing committees. pk S E p 9 3 i E RESOLUTION NO. 68-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, RATIFYING THE JOINT POWERS AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (COG) FOR FISCAL YEAR 1994-95 WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers Agreement between the cities and the County of San Luis Obispo; and WHEREAS, said Agreement requires annual ratification by member agencies; 9 q g and WHEREAS, the City of Atascadero desires to continue its membership in the San Luis Obispo Council of Governments during the Fiscal Year 1994-95. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that the San Luis Obispo Council of Governments Joint Powers Agreement for the Fiscal Year 1994-95 is hereby ratified. SECTION 1 . The Mayor is hereby authorized to execute said agreement. SECTION 2. The City Clerk is hereby directed to transmit a certified copy of this resolution and the signed Agreement to the Council of Governments. 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 PRICE, City Clerk R. DAVID BEWLEY, Mayor <1fp0! Resolution No. 68-94 Page Two APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney Ofd(>1) r San Luis Obispo Council of Governments Regional Transportation Planning Agency �"�A�Baaao Metropolitan Planning Organization Paso Robt 0 Pismo Beach v J Congestion Management Agency San Luis Obispo g g San Luis Obispo �5 Coun FY 94-95 JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WITNESSETH: THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990, June 10, 1992, June 2, 1993, and June 8, 1994 by and among such of the+ncorporated cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et sea., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning council; and WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and I WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems., assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and c_._ r n 0'z,101 ♦ 'r-1 iQnr-\ 7Q1 n')la ♦ Fes., /QOr,l 7Q1_;71`1'� SLOCOG JOINT POWERS AGR@F.MEN'1' c:\N'1)51\resos\1994-95.jpa • WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal'funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The member cities and county have joined together to establish the San Luis Obispo Council of Governments for the following purposes: 1. As a Regional Agency, address issues of mutual concern to the county and the cities in the San Luis Obispo region, and satisfy federal and : state planning and programming mandates. - 2. Provide a forum for planning, discussion, and study of areawido issues; prepare and adopt regional plans and programs; serve as the regional agency for federal and state programs and funding opportunities; and address other areawide ':issues based on the desires of the member jurisdictions. 3. Represent member jurisdictions as planner, programmer, and ":broker in developing an efficient and effective multi-modal transportation system that provides for the mobility needs of people, goods, and services while protecting the environment. 4. To maximize state and federal funding and facilitate the development, coordination, r and implementation of local, and regional transportation programs to improve mobility and air quality. These purposes are to be achieved through the.following methods:'; 1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA), and the Congestion Management Agency (CMA),'''for San Luis Obispo County. 2. Allocate applicable federal, state, and local transportation funds to member jurisdictions consistent with appropriate federal and state statutes, policies, and regulations. Conduct a continuous, cooperative, and comprehensive multi-modal transportation planning and project programming process that satisfies federal and state requirements. • 3. Conduct a continuous, cooperative, and comprehensive multi:modal transportation planning and project programming process that satisfies federal and state requirements. Page 2 SLOCOG JOINT POWERS AGRFEM ENT C:\N'pS 1\resos\1994-95.j pa • 4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement of an effective and efficient multi-modal transportation system that satisfies the existing and projected mobility needs of the region. 5. Develop the County Integrated Waste Management Plan in cooperation with the County, Cities, and other affected entities, until such time that duties are transferred to a solid waste authority. 6. Serve as the Regional Census Data affiliate to analyze and disseminate socio- economic and demographic data for integration into local and regional studies and plans. 7. Discuss and study area-wide problems of mutual interest and concern to the cities and county and facilitate the development of policies and action recommendations for the solution of such problems. II. ESTABLISHMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) Upon the effective date of this agreement the parties hereto reaffirm the establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct public entity, as the agent to exercise the common powers provided for in this Agreement, and to administer or otherwise execute this Agreement. When originally established, SLOCOG was known as the San Luis Obispo County and Cities Area Planning and Coordinating Council, subsequently renamed SLOCOG, and renamed as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor entity to the original COG established in 1968, insofar as its predecessor entity has been designated, and insofar as legally authorized shall function as: 1. The Area Wide Planning Organization (APO), as designated by the U. S. Department of Housing and County Development (HUD); 2. A Council of Governments (COG), as designated by the Governor of the State of California; 3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California; 4. The Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation; and 5. The Congestion Management Agency (CMA) as designated by the County of • San Luis Obispo and the cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo. Page 3 si ococ JOINT POWE S AGIZFFNIF,N•r c':\wp51\resos\1994-95.jpa III. POWERS The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the approved annual work program, including: the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; to acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue and be sued; and to administer the affairs of SLOCOG hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. IV. MEMBERSHIP 1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in SLOCOG. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to SLOCOG shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. The Director of the California Department of Transportation, District 5, or his appointee, may sit as an ex officio member of the Board. He or she shall receive all meeting notices, shall have the right to participate in Board discussions, and have the right to request matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. 3. Member city agencies may elect to have an alternate members) from their city council in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. Page 4 0000V; SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1994-95.jpa 4. Designation of the official representative or alternate(s), or g p changes thereto, shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the SLOCOG may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement. V. OPERATION 1. The powers of SLOCOG are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the SLOCOG. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of SLOCOG may have the effect of precluding any favorable action by an agency of the state or federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by SLOCOG performing functions as the MPO, RTPA and CMA for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seg., Government Code as provided for therein, and State and Federal planning funds. 3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies shall be set forth in the budget as part of the annual work program of SLOCOG and shall be funded from designated funds as approved by SLOCOG and applicable state and federal agencies. Extraordinary costs as recommended by SLOCOG shall be borne by contributions from the member entities as approved by their governing bodies. Page 5 SLOCOG JotNT PONVERS AGRrEMENr c:\v p51\resos\1994-95Jpa Costs of all other extraordinary activities undertaken by SLOC:OG as the Areawide Planning Organization shall be set forth in the budget as part of the annual work program and shall be funded from contributions from member entities as approved by their governing boards. 4. The annual work program and budget, when adopted, shall be the basis for operation of SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be approved by SLOCOG. Any extraordinary costs which have not been funded as part of the MPO, RTPA and CMA budget, shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be' present a quorum consisting of a majority of representatives, including one (1) COUNTY representative. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of SLOCOG in an orderly manner. VI. OFFICERS 1. The officers of SLOCOG shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to SLOCOG. 2. Both the President and Vice-President of SLOCOG shall be elected at the June meeting. 3. The officers shall serve until their successors are elected'hhd. 4. The duties of the officers shall be as follows: a. President: 1) Shall preside over all meetings of SLOCOG as'Chairperson. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said SLOCOG. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of SLOCOG. • Page 6 000�af�fl su>coc JOINT PONVE S AGREEMENT c:Awp51\resos\1994-95Jpa b. Vice-President- 1 Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid is necessary to the President in administering SLOCOG. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the SLOCOG, the officer elected to serve for the balance of the unexpired term. VII. PERSONNEL AND SERVICES 1. Executive Director. The Executive Director shall be selected by, and shall serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of the Executive Director are to: a. Serve as the chief administrative officer for SLOCOG and to be responsible to SLOCOG for the administration of all SLOCOG affairs. b. Supervise and direct the preparation of the annual work program and budget to SLOCOG and be responsible for its implementation after adoption by SLOCOG. C. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board. d. Disburse all funds in accordance with the policies of the County- Treasurer and the County Auditor/Controller and the budget and work program adopted by SLOCOG. e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year end report reflecting activities of the preceding fiscalY ear said year end report to be distributed to each of the participating member bodies. f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to these policies and procedures adopted by SLOCOG. Page 7 SIXICO :.xxNT rowFus AGREEMENT cAv 51\resos\1994-95.J' a P P . g. Maintain a record of all financial transactions, correspondence and reports of SLOCOG. h. Contract and assure completion of an annual audit of SLOCOG. i. Perform such other duties as SLOCOG may require in carrying out the policies and direction of SLOCOG Board. j. Maintain custody and control of all property of SLOCOG, other than monies and securities. 2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered. 3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the SLOCOG. Treasurer shall- a). halla . Receive and receipt all money of SLOCOG and lace it in';'the treasury of San P Y P rY Luis Obispo County to the credit of SLOCOG. b). Be responsible for the safekeeping and disbursement of all SLOCOG money held by him/her. c). Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any portion thereof, upon warrants of the SLOCOG controller designated herein. d). Verify and report in writing as soon as possible after the first day of July, October, January, and April of each year to SLOCOG the',amounts of monies he/she holds for SLOCOG, the amount of receipts since his/her last report, and any interest accrued to those funds. e). Invest funds. SLOCOG shall reimburse the Treasurer for the actual cost of services rendered. 4. Controller. The Auditor-Controller of the County of San Luis Obispo shall serve as the controller at the pleasure of the SLOCOG Board and shell be reimbursed for services rendered. Page 8 �.�tllatrti() SLOCOG JOINT POWERS AGREEMENT c:\-*vp51\resos\1994-95.,ipa The Controller shall: a). Draw warrants to pay demands against SLOCOG when the demands have been approved by the COG Board and/or the COG Executive Director. He/She shall be responsible on his/her official bond for his/her approval of disbursement of SLOCOG money. b). Keep and maintain records and books of account under the custody of the Controller on the basis of generally accepted accounting practices. c). Make available all such financial records of SLOCOG to a certified public accountant or public accountant contracted by SLOCOG to make an annual audit of the accounts and records of SLOCOG. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. _ SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered. 5. Bond Requirements a). The Executive Director and such other employees of SLOCOG as may be • designated by the COG Board, shall file with SLOCOG an official fidelity bond in a sum determined by the Council as security for the safekeeping of SLOCOG property entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG. b. The County Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more frequent intervals as approved by SLOCOG. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of SLOCOG. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of August, October, December, February, April and June, or as specified in the annual meeting calendar adopted in June. The June meeting shall be designated the "annual meeting." Page 9 SLOCOG JOINT POWERS AG RF,EM ENT C:�N'�1 S I\resos\1994-95.j pa . 5. The Executive Director of SLOCOG will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of SLOCOG or vote on any motion before SLOCOG. 7. The meeting agenda shall be prepared by the Executive D.hector to SLOCOG. Agenda material shall be submitted to the Executive Director at ''least fourteen (14) calendar days prior to the next regular meeting and distributed to members at least twelve (12) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by four-fifths vote of the representatives at a regular meeting, only agenda items shall be considered by SLOCOG pursuant to provisions of the Brown Act. 8. SLOCOG, at the discretion of the President, may memorialilze any of its actions by resolution. 9. Robert's Rules of Order or such other rules as SLOCOG may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. SLOCOG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as SLOCOG may deem appropriate. 2. Membership on "ad-Hoc" policy committees shall be at the discretion of the President. Nothing herein shall be construed to limit memberships on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the- a). Administration Committee, comprised of all managers and administrators of member jurisdictions; . b). Legal Committee, comprised of SLOCOG's legal counsel and the attorneys of the member agencies; Page 10 Su>coG JOINT PONVERS AGREEMENT C'\N'p51\resos\1994-95.Jpa c). the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; d). the Public Works Committee, comprised of all agency engineering officials appointed by their respective agencies; e). Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and SLOCOG; f). Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code; and g). An Executive Committee comprised of the President, Vice President and the past President and at least one representative from the county of San_Luis Obispo (if none of the above) said committee is to advise SLOCOG on: the budget and Overall Work Program; controversial, sensitive and major policy issues; and criteria for competitive funding allocations. Items for review shall be selected by the President with consultation by the Executive Director. 4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters or questions can only be decided by SLOCOG. 5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall MY sign the original co of the � � minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of SLOCOG and the Executive Director. X. FINANCE 1. SLOCOG shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and shall have custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by the California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984. XI. CITIZEN INVOLVEMENT • SLOCOG shall carry out a process for citizen involvement in major decisions. Such Page 11 000rp-.�'3 sLococ JOINT PONVERs AGREENn?Nr c.Awp51\resos\1994-95.ipa process shall include: a Citizen's Transportation Advisor Committee for advising p P Y g SLOCOG on all transportation issues; legal notices, and or press releases for all adoption of all plans and for the allocation of and prioritization of funding; and widespread distribution of an agency newsletter. XII. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act for and on behalf of their city or'county in any or all matters which shall come before SLOCOG, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from SLOCOG and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of;further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG. 4. SLOCOG may be dissolved at any time and this Agreement'rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescission Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of SLOCOG in proportion to the''contributions made. XIII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such''execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. Page 12 1100"I v SLOCOG JOINTPOWFRS AGRH;EMEN•r c:Awp51\resos\1994-95.jpa IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Resolution No. _ Clerk CITY OF GROVER BEACH By: Date: Mayor Resolution No. _ Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Resolution No. Clerk Page 13 SIA)COG JOINT POWERS AGREEMF,NT c'\wpSI\resos\1994-95.jpa CITY OF PISMO BEACH By: Date Mayor Resolution No. Clerk CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: RAY BIERING SLOCOG Legal Counsel B qLel Coun I Dated: .K-/q 4 Adopted by SLQCOG June 8, 1994 Page 14 O(ta'f?;ti;sl I REPORT TO CITY COUNCIL Meeling Date: 7/12/94 CITY OF ATASCADERO Agenda Item : B-4 Through: Andy Takata, City Manager From: Arther R. Montandon, City Attorney SUBJECT: Masonic Temple Association e r 6 RECOMMENDATION: s Approve the attached Agreement to Convey Real Property and the Joint Occupancy Agreement. BACKGROUND: Many months ago, I met and commenced discussions wit representatives of the Atascadero Temple Association, Inc. (hereinafter "Associate( n") regarding their desire to convey all or part of the Masonic Temple to the City ol Atascadero. This discussion, and many others with these representatives and the Associations' attorney, resulted in the two agreements presented for comment to the City Council on May 24, 1994. At that meeting, the City Council determined the acquisition of the Masonic Temple to be in the best interest of the City, adopted Resolution No. 39-94 authorizing the execution of the agreements and requested staff to open escrow. The City Council, having expressed specific concerns regarding the agreements, gave additional direction to staff to meet with Association representa ives in-an effort to modify the agreements accordingly and bring them back for final approval. DISCUSSION: The general intent of both agreements is to convey the real property to the City for youth recreation while reserving continued use of the port on of the building currently used by the Association. The Association is a no -profit corporation consisting of members from the Order of Eastern Star and the ree and Accepted Masons. The Association wanted to insure that their members would continue to have a meeting place, no only after conveying this property to the City, but also if the City required them to leave, by condemnation or if the building bec ame unoccupiable. i I f 00002`'7 Report to Council Meeting Date: 7/12/94 Page 2 Agenda Item #13-4 The first agreement, the Agreement to Convey Real Property, conveys ninety- nine percent (99%) of the property to the City. The Association will continue to own one percent (1 %) of the property and have the exclusive use of the space they currently use for Association activities. The Association may also use other areas of the property without charge on a reservation basis subject to the terms of the second agreement, the Joint Occupancy Agreement. The City would be responsible for utilities, repairs and maintenance. The shared ownership ((99% and 1%) was determined to be the most appropriate way to maintain the degree of control requested by the Association and still allow the City of obtain title insurance. The remaining terms are standard with the exception that the City is to pay all escrow and recording fees in addition to the title report and insurance. The second agreement, the Joint Occupancy Agreement, sets forth how the property is to be used by the Association and the City. The Association is allowed exclusive use of the Lodge Room, and certain storage areas shown on "Exhibit B". In addition, the Association may use the dining and kitchen areas, without charge, if not reserved by another party three hundred sixty (360) days prior to the intended use and if not already reserved by another party at the time the Association makes the request. Also, the Association may use any other facility on the property if not reserved by others thirty (30) days prior to their use. Any use by the Association must not illegal, destructive or interfere with other uses. The City must repair and maintain the entire building except for any damage or deterioration caused by Association activities. This repair would include any earthquake retrofit if required by State Law to be performed by the City for its public buildings. If the building becomes unoccupiable for sixty (60) days, the City must provide other facilities for the Association to meet. If the City takes, by eminent domain or partition, the 1 % interest and use of the structure from the Association, or if the structure becomes uninhabitable for ten (10) years, the City is required to acquire a new structure and property to coney to the Association or convey all the real property back to the Association. A new structure and property are to have the same space and amenities, including a kitchen and dining area, as the current exclusive use area. If the new structure is conveyed to the Association, the City would own the Masonic Temple property free and clear. The remaining terms are standard in form and content. 000 8 Report to Council Meeting Date: 7/12/94 • Page 3 Agenda Item #B-4 At the May 24, 1994 City Council meeting, the City Council directed staff to negotiate modifications in these agreements on four concerns. Each concern is listed below with an explanation of how these are addressed in the amended agreements: 1 . The previous draft agreements required the structure be used for youth activities. The City Council was concerned that this was too limiting. As such, this was eliminated in the new agreements. 2. The City Council was concerned about the possibility that the Association might some day discontinue using its' 1 % interest. A provision was added that allows the City to petition for dissolution of this corporation. If the corporation dissolves, voluntarily or involuntarily, its' 1 % interest is to be conveyed to the City. 3. The Association's exclusive use of certain areas posed a concern. The agreement was not amended in this regard, however I believe an explanation may suffice. The Association has exclusive use of the Lodge Room and designated storage areas. They have a right to use the dining and kitchen area if reserved not sooner than prior to 160 days before the 0 day of the Association's use. The public may reserve use not more than one year in advance. The Association may also use, without charge, other rooms in the building if reserved not prior to 30 days before the day of the Association's use. I believe this explanation may address City Council's concerns. 4. The City Council also expressed a concern about building the Association a new structure. The agreements have been amended to require the City to do one of three things if the structure becomes unoccupiable: A. Rebuild it to make it occupiable; B. Build a new structure on a different lot and coney it to the Association within ten years; or C. If the City cannot rebuild or build a new structure within ten years, it is required to convey the property back to the Association. Finally, escrow has been opened pursuant to City Council direction. If these agreements are approved, escrow can hopefully close by the end of July. • Recording Requested by & When Recorded Mail to: City of Atascadero Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 JOINT OCCUPANCY AGREEMENT This Agreement is made and entered into the day of 1994, between the ATASCADERO TEMPLE ASSOCIATION, INC., a California non-profit corporation, (herein the "Temple") and the CITY OF ATASCADERO, (herein the "City"), who agree as follows: RECITALS A. Concurrently herewith the Temple has conveyed to the City a ninety-nine percent fee simple interest in a parcel of real property which is described in Exhibit "A", (herein the "Real Property"), subject to defeasance upon the happening of certain conditions subsequent and subject to certain joint occupancy rights between the Temple and the City; B. In furtherance of the conveyance to the City by the Temple, the parties desire to set forth in this Agreement the provisions of their joint occupancy and ownership of the Real Property, which shall be effective immediately upon and as part of the grant of the fractional interest in the Real Property from the Temple to the City in accordance with the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights, executed prior hereto; and 1 0fl!){E {,�a C. For the purposes of this agreement, the term "Recreational Center" shall mean and refer to the structure located on the Real Property; and NOW THEREFORE, IT IS FURTHER AGREED: Section 1. City's OCCUPANCY. 1.01 . The City shall use good faith and reasonable effort to promote and operate the portion of the Real Property and the Recreational Center which it occupies in accordance with this Agreement for the benefit of persons in the'City of Atascadero community under the age of 18 years (the "Youth of the Community"). Notwithstanding, however, the City may operate such portions of the Real Property and the Recreational Center as it deems appropriate based upon'its financial ability, or lack thereof, to support activities benefitting the Youth of the?Community. 1.02. So long as the Temple maintains a percentage'ownership interest • in the Real Property, the Recreational Center shall be identified as the "Masonic Temple" at the present location where such designation exists. Notwithstanding, the City shall not be precluded or otherwise prevented from further identifying or designating the Recreational Center in any fashion as determined by the City. Section 2. TEMPLE'S OCCUPANCY. The Temple for itself and for its beneficiaries, (the Masons and the Eastern Star), shall maintain the exclusive right to occupy those portions of the Recreational Center generally referred to as the "Lodge Room," the "Storage Rooms," and the "Storage Cabinets," in the^kitchen area which are specifically designated on the diagram contained in Exhibit "B",, subject, however, to the provisions contained in this agreement. Such area as designated on Exhibit "B" shall be referred to hereafter as the "Temple's Exclusive Use Are a". In addition, the 2 Temple and its beneficiaries shall have the first right of use to the dining and kitchen areas in the Recreational Center, which areas are depicted on Exhibit "B", and which shall be referred to as "Facilities," or where the context requires shall be included in the meaning of the term "Exclusive Use Area," subject to availability based upon written committed uses to the Facilities by the City made prior to written notice by the Temple of its intent to use the facilities. Any written notice by the Temple to the City to use the Facilities shall not be given prior to 360 days before the intended use. Notwithstanding the above to the contrary, nothing herein shall prevent the Temple and the City from establishing from time to time mutually acceptable guidelines for reserving the use of the Recreational Center in those areas other than the exclusive use area of the Temple as referenced above. Any occupancy of the Recreational Center or the Real Property by the Temple and its beneficiaries shall be without charge or offset. Section 3. USE OF EXCLUSIVE USE AREA. The Exclusive Use Area shall be used for the operation of a Masonic Lodge and a chapter of the Order of the Eastern Star and activities associated with the operation of these organizations, however, the Temple shall have the right to rent the Exclusive Use Area and the Facilities for special events benefiting the Temple or its beneficiaries or the community of the City of Atascadero at large. For the purposes of this section, the term "special event" shall mean a single event or activity which does not exceed a continuous period of 24 hours. Section 4. OTHER USE OF THE RECREATIONAL CENTER BY THE TEMPLE. The Temple may also use any other recreational facilities within the Recreational 3 Center, without charge or offset, when there are no other scheduled events for the • facility. No other scheduled events means that no other reservations for the facility have been made at the time a written notice is delivered by the Temple to the City stating the date of the Temple's proposed event, which shall be provided no more than thirty (30) days prior to the commencement of the proposed event. Section 5. PROHIBITED USES. The Temple shall not commit or permit the commission of any acts on or within the Exclusive Use Area, nor use or permit the use of the Exclusive Use Area in any way that: (a) Causes the cancellation of any fire, casualty, liability or other insurance policy insuring the Real Property or its contents; (b) Violates or conflicts with any law, statute, 'ordinance or governmental rule or regulation governing the Exclusive Use Area or the • Recreational Center, whether now in force or hereinafter enacted, provided that the enactment is in good faith and not with an intent to prevent the use of the Exclusive Use Area or the Facilities by the Temple pursuant to this Agreement. (c) Substantially obstructs or interferes with the rights of other occupants of the Recreational Center; or (d) Constitutes the commission of waste on or within the Exclusive Use Area or the commission or maintenance of a nuisance as defined by the laws of the State of California. Section 6. ALTERATIONS BY THE TEMPLE. No alteration, addition or improvements to the Exclusive Use Area that requires a permit for construction shall • 4 be made by the Temple without the written consent of the City. The Temple shall obtain all necessary governmental permits required for any alteration, addition or improvement authorized by the City and shall comply with all applicable governmental laws, regulations, ordinances, and codes. Section 7. MAINTENANCE AND REPAIRS. Subject to the duty of the City under this Agreement to perform maintenance and repairs for the Exclusive Use Area and the Recreational Center as needed, the Temple shall provide for the regular cleaning of the Exclusive Use Area (exclusive of the Facilities) and maintain the Exclusive Use Area (exclusive of the Facilities) in a good, clean and safe condition. The Temple, at the Temple's own expense, shall clean and repair all damage and waste or deterioration to the Exclusive Use Area, including the Facilities, or to the Recreational Center occasioned by the Temple's lack of ordinary care. Except as otherwise provided in this Agreement, the City shall perform, at the • City's sole expense, all repairs and maintenance for the Exclusive Use Area and the Real Property, including, but not limited to, retrofitting the Exclusive Use Area, the Recreational Center and the Real Property to comply with any law, statute, ordinance or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Exclusive Use Area, the Recreational Center or the Real Property. Subject to the provisions set forth in Section 14, any maintenance or repairs by the City shall be made promptly with first-class materials, in a good and workmanlike manner. Subject to the terms of this Agreement, the City may obtain any building and other construction permits it deems necessary, without the prior consent of the Temple. 5 Except in the case of any emergency, The City shall not enter the Exclusive Use . Area for the purpose of effecting the maintenance and repairs, alterations or improvements other than during normal business hours and shall give the Temple twenty-four (24) hours notice of the intention to enter for those'',purposes. Notwithstanding any provision in this agreement to the contrary, so long as the Temple maintains a percentage ownership interest in the Real Property, the City shall maintain and preserve the historical characteristics of the interior and exterior of the Recreational Center. Section 8. INSPECTION BY THE CITY. The Temple shall permit the City or the City's agents, representatives or employees to enter the Exclusive Use Area, upon reasonable notice, at all reasonable times for the purpose of inspecting the Exclusive Use Area to determine whether the Temple is complying with the terms of this Agreement and for the purpose of doing other lawful acts that may be necessary to protect the City's interest in the Recreational Center and the Real Property. Section 9. COMMON AREAS OF THE RECREATIONAL CENTER. The City shall make available, at all times, in any portion of the Recreational Center that the City from time to time designates or relocates, automobile parking and common areas (jointly referred to as "common areas", as that term is defined below) as the City shall from time to time deem appropriate, provided that any such designation or relocation does not substantially interfere or prevent the use of the Exclusive Use Area by the Temple. The Temple shall have the nonexclusive right to use the common areas for itself, its employees, agents, members, clients, invitees and licensees, or those of Atascadero Lodge No. 493 of the Free and Accepted Masons of the State of 6 California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of California ("Eastern Star"), and any affiliated entity or group; provided, however, that such use shall not unreasonably interfere with the use of the Recreational Center by the City or any of its tenants, invitees and licensees. The term "common areas" means the portions of the Real Property and the Recreational Center that, at the time in question, have been designated and improved for common use by or for the benefit of the Recreational Center, including, but not limited to, the parking areas; access and perimeter roads; landscaped areas; exterior walks, roofs, stairways; interior corridors, stairs and balconies; directory equipment; the main entry lobby; restrooms; and drinking fountains. All common areas shall be subject to the exclusive control and management of the City or any other persons or nominees that the City may have delegated or . assigned to exercise management or control, in whole or in part, in the City's place and stead, so long as such control and management does not unreasonably interfere with the use of the Exclusive Use Area and Facilities by the Temple. The City shall have the right to close, if necessary, all or any portion of the common areas as is deemed necessary by the City in order to effect necessary repairs, maintenance or construction, or to maintain the safety of occupants of the Recreational Center or the general public. The City will maintain the common areas in a clean, orderly and sanitary manner. The City is responsible for all repairs of the common areas, except those required by the negligence of the Temple. Section 10. UTILITIES AND SERVICES FURNISHED BY THE CITY. The City shall, at its own expense, provide the following utilities and services to the Exclusive 7 �:►tPlas►;i�r Use Area and to the Recreational Center: (a) Water, gas and electricity available seven ( 7) day' s a week, twenty- four went -four (24) hours a day; and (b) Heating available seven (7) days a week, twenty-four (24) hours a day. Section 11. TAXES AND ASSESSMENTS. The Temple shall pay and discharge any taxes assessed against its personal property or against any fixtures owned by the Temple which are not payable with any real property taxes assessed against the Real Property, and any possessory use or interest tax or its fractional'interest in any real property tax assessment which may be assessed against the Real Property by the taxing authorities for the County of San Luis Obispo, California as a result of the Temple's interest in or use of the Real Property. Except as forth herein, the City • shall pay and discharge any real property taxes or assessments which may be assessed against the Real Property. Section 12. INSURANCE. 12.1 THE CITY'S OBLIGATION. The City shall secure from a good and responsible company or companies authorized to do insurance business in California, and maintain at all times, a fire and extended coverage insurance policy, in an amount not less than one hundred percent (100%) replacement value of the Recreational Center and other improvements on the Real Property. Provided that insurance is available covering risks against earthquakes, then the City shall maintain such coverage if (i) the annual cost for such":'coverage does not exceed an annual premium of Five Thousand Dollars (55,000.00), subject to annual • 8 adjustment based upon adjustments in the consumer price index as set forth below, and (ii) the deductible for any loss under such coverage does not exceed 20% of the cost to repair any damage for which a claim would be paid under the insurance policy providing for earthquake coverage. The minimum annual premium for earthquake coverage (Annual Premium) under this agreement shall be adjusted commencing twelve (12) months from the recording of this agreement with the County Recorder of San Luis Obispo County, California and each year thereafter ("the adjustment date"). Adjustments shall be made as follows: The base for computing the index is the Consumer Price Index for All Urban Consumers (base year 1982-1984 = 100) for Los Angeles-Anaheim-Riverside published by the United States Department of Labor, Bureau of Labor Statistics ("Index") for the month of June, 1994 ("Beginning Index"). If the index published for the month of June immediately preceding the adjustment date, which is the Extension Index, has increased over the Beginning Index, the Annual Premium until the next rent adjustment shall be set by multiplying the Annual Premium then in effect by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. If the Index is changed, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. 9 12.2 THE TEMPLE'S OBLIGATION. The Temple shall secure from a • good and responsible company or companies authorized to do insurance business in California, and maintain at all times, a liability and property damage insurance policy with a single combined liability limit in the minimum amount, of Three Hundred Thousand Dollars ($300,000.00), and property damage limits of not less than Fifty Thousand Dollars ($50,000.00), insuring against all of the Temple's liability arising out of the Temple's use or occupancy of the Real Property. 12.3 ADDITIONAL INSUREDS. The City and the Temple agree that the other shall be named as an additional insured on the aforementioned policies of insurance and that such insurance policies described in this article shall contain cross- liability endorsements. 12.4 PROTECTION AGAINST CANCELLATION. Each party must give 0 roof to the other that each of the policies provided for- in this section expressly P P provides that the policy shall not be canceled or altered without thirty (30) days' prior written notice to the other party. 12.5 FAILURE TO SECURE. If either party at any time fails to secure or maintain the foregoing insurance, the other party shall be permitted to obtain that insurance in the defaulting party's name or as the agent of the defaulting party, and shall be compensated by the defaulting party for the cost of the insurance premiums. The defaulting party shall reimburse the other paying party the full amount paid not later than thirty (30) days from the date written notice is received that the premiums have been paid. 10 12.6 PROCEEDS. Proceeds from any policy or polices shall be payable to the Cit and the Temple as their respective interests may appear and shall be used Y P p to satisfy any liability or duty for which the insurance was maintained. Section 13. INDEMNIFICATION. Neither party shall be liable to the other, and each party hereby waives all claims against the other, for any injury or damage to any person or property in or about the Exclusive Use Area or any part of the Recreational Center by or from any cause whatsoever, except injury or damage to a party resulting from the acts or omissions of the other party or of the other party's authorized agents. Each party shall hold the other party harmless from and defend the other party against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on or about the Real Property and Recreational Center when that injury damage was caused in part or in whole by the act, neglect, Y or 9 fault, or omission of any duty of the indemnifying party or its agents, servants, employees, invitees, licensees or members. For the purposes of this provision, an invitee of a party shall be deemed to include any person, group of persons or entity and the members thereof who are on the Real Property with the express or implied consent of a party. Section 14. DESTRUCTION OF THE EXCLUSIVE USE AREA OR RECREATIONAL CENTER OR OTHER CIRCUMSTANCE PREVENTING USE. If the Exclusive Use Area or the Recreational Center are damaged or destroyed by any cause not the fault of the Temple, or if they become un-occupiable for any other cause not the fault of the Temple, or due to condemnation or any law which concerns the health 11 4)0Q'!►, (,� and safety of the occupants of the Real Property, then the City shall, at its expense, rebuild the Exclusive Use Area or make reasonable repairs; prodded, however, that If the building becomes un-occuplable or Is damaged or destroyed by any cause other than a cause for which insurance coverage is required to be maintained pursuant to this Agreement, or If the cause Is covered by Insurance and the Insurance proceeds are insufficient to place the Exclusive Use Area In an occupiable condition existing before the damage or destruction, then the City shall only be required to repair or rebuild the building if and when funding is available. In the eventthat the City cannot rebuild or repair the Exclusive Use Area or the Recreational Center due to a lack of funds, then the City covenants and agrees to use all reasonable effort in obtaining the required funding within a reasonable period of time. If the Exclusive Use Area or the Facilities become un-occupiable by the Temple for a period of Sixty (60) days from the date of the event causing them to become un- occupiable, then the City shall provide to the Temple suitable space for the continued conduct of the Temple's activities until the Exclusive Use Area and Facilities are fit for occupancy. Section 15. INABILITY TQ QE; FEE SIMPLE SUBJEQT TO CONDITION SUBSEQUENT. In the event that the Exclusive Use Area and the Facilities become unusable for the intended purposes by the Temple for a period of ten (10) years for any reason under Section 7, Section 14 or as a result of any other cause not the primary fault of the Temple, then at the election of the Temple, the City shall purchase a parcel of real property and construct on It a building, which shall, upon completion, be conveyed without cost or offset, in fee simple absolute and free of • 12 encumbrance,, to the Temple. The criteria for the parcel of real property and the building are as follows: 1 . The building shall be free standing on a separate legal lot and shall be constructed to meet all then existing building and zoning requirements, including, but not limited to landscaping, parking and off-site improvements; 2. The building shall be newly constructed In a workmanlike manner with new materials; except upon the consent of the Temple, the building can be a renovated structure; 3. The legal lot and building will be within the city limits of the City of Atascadero; 4. The building will have a "lodge room," "kitchen," "storage," and "dining area," that equal or exceed the square footage existing for these areas in the Recreational Center. 5. The building will meet the current building standards and specifications then existing for lodges as promulgated by the Grand Lodge, Free and Accepted Masons of the State of California; 6. The building will have restrooms, one men's and one women's, which will comply with then current building standards; 7. The building will have like kind and quality appliances and amenities as exist at the Recreational Center on the date of the conveyance to the City of its fractional fee simple interest In the Real Property by the Temple in accordance with the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights. 13 • 0001 Upon the completion of the building and the conveyance of the parcel of real to the Temple, the Cit shall cause to be moved to the :newly constructed property P Y building, at its expense, all of the personal property and fixtures of the Temple at the Recreational Center which can be removed without injury to the Recreational Center. At the time the building and the parcel of real property are conveyed to the Temple, the Temple shall convey and assign to the City all of its rights to the Exclusive Use Area, the Recreational Center and the Real Propertyr, provided that the building and parcel are conveyed to the Temple within said ten (10) year period and any interests of the Temple in the Real Property shall terminate and be vested in the City in fee simple absolute, without any further restrictions, ownership interests or rights in favor of the Temple. At the request of the City, the Temple shall execute and deliver to the City a quit claim deed in a form acceptable to any title insurer Y designated b the City. 9 Y In the event that the Temple makes its election to require the City to obtain a parcel of real property and to construct on it a building, both of which are to be conveyed to the Temple, and should the City fail in its obligation to do so within a period of thirty-six months from the expiration of said ten (10) year period, then the Temple or its successors and assigns, without paying any compensation for the Real Property or for any buildings or other improvements located upon or which are a part of the Real Property, and without making any compensation or incurring any liability for damages or losses of any kind, shall have the power to terminate all right, title and interest in the Real Property granted by the Temple to the City or its successors and assigns, in the manner provided by law for the exercise of this power of termination. 14 For reference purposes only, and without affecting the parties' duty to comply with the law existingat the date the ower of termination is to be exercised by the P Temple, California Civil Code §885.050 provides at the date of this agreement as follows: " A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The notice shall be given, and any civil action shall be commenced, within five years after breach of the restriction to which the fee simple estate is subject, or such longer period as may be agreed to by the parties by a waiver or extension recorded before expiration of that period" Immediately on such a termination, the City or its successors and assigns shall forfeit all rights or title to the Real Property and the title to the Real Property conveyed to the City shall revert to the Temple or its successors and assigns as fee simple absolute. Section 16. ASSIGNMENT OR TRANSFER OF INTEREST. Neither the Temple or the City shall encumber, assign or otherwise transfer its interest in the Real Property without first obtaining the consent of the other party, which consent shall not be unreasonably withheld, except that the Temple may assign or convey its interest in the Real Property without the consent of the City to either or both of the Masons and the Eastern Star or to either or both of the Grand Lodge, Free and Accepted Masons of the State of California and the Grand Chapter of the State of California, Order of Eastern Star. In the event that the Temple has not conveyed its interest in the Real Property pursuant to this Section 16, then upon dissolution of the Temple in accordance with the California Corporations Code, the interest of the Temple in the Real Property shall be distributed to the City. The Temple covenants 15 and agrees that it shall not modify or amend any provision of its, Articles or Bylaws which provide to the City the right to bring an action to cause the involuntary dissolution of the Temple in accordance with California Corporations Code §8510(b)(1) or any provision which provides distribution of the Real Property to the City upon dissolution of the Temple as required by this Section 16. Section 17. MEDIATION OF DISPUTES. City and Temple agree to mediate any dispute or claim between them arising out of this agreement or any resulting transaction before resorting to arbitration or court action. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fee, if any, shall be divided equally among the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared in the course of the mediation, consistent with Evidence Code §1152.5. If any party commences an arbitration or court action based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, then in the discretion of the arbitrator(s) or judge, that party shall not be entitled to recover attorney's fees even if they would otherwise be available to that party in any such arbitration or court action. However, the filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction,':,or other provisional remedies, shall not in itself constitute a loss of the right to recover attorney's fees under this provision. • 16 Section 18. ARBITRATION. Subject to Section 16, any controversy or claim arising out of or relating to any issue which may arise under this Agreement or the breach thereof shall be settled by arbitration in accordance with the commercial rules of the American Arbitration Association. The parties may agree to personal arrangements for arbitration under the rules of the American Arbitration Association. If they are unable to do so, however, the Association is authorized, upon the request of any party, to make arrangements for this arbitration to be held under its rules at a convenient location nearest Atascadero, California. This Agreement shall be enforceable and judgement upon any award in such arbitration may be entered in any court of competent jurisdiction in California, and shall be binding upon all parties. Notwithstanding the above to the contrary, any party may seek injunctive or other equitable relief in a court of competent jurisdiction pending the arbitration process. Section 19. WAIVER OF BREACH. The waiver by any party of any breach by the other party of any of the provisions of this Agreement shall not constitute a continuing waiver or a wavier of any subsequent default or breach either of the same or a different provision of this Agreement. Section 20. NOTICES. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee of that party, or in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to: • 17 9 DER TEMPLE ASSOCIATION The Temple: ATASCA O p Attn: Board President 6351 Olmeda Avenue Atascadero, CA 93422 The City: CITY OF ATASCADERO Attn: City Manager g 6500 Palma Avenue Atascadero, CA 93422 Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. Section 21. BINDING ON HEIRS AND SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, but nothing in this paragraph shall be construed as a consent by a party to any assignment of this Agreement or any interest therein by the other party, except as provided in this Agreement. Section 22. TIME OF ESSENCE. Time is expressly declared to be of the essence in this Agreement. Section 23. SOLE AND ONLY AGREEMENT. Except', as set forth in the Agreement To Convey Real Property Subject To Conditions Subsequent And Reservation Of Rights, or any deed recorded as a result thereof, this instrument constitutes the sole and only agreement between the City and the Temple respecting the Real Property and correctly sets forth the obligations of the ;City and the Temple to each other as of this date. Any agreements or representations respecting the Real Property not expressly set forth in this instrument are null and void. i 18 Section 24. ATTORNEYS FEES. If any litigation, including arbitration proceedings, is commenced between the parties to this Agreement concerning the Exclusive Use Area, the Recreational Center, the Real Property or this Agreement, or the rights and duties of either party in relation thereto, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorney's fees in the litigation, which shall be determined by the court or arbitrator, as the case may be, or in a separate action brought for that purpose. Section 25. WAIVER OF PARTITION RIGHTS. During the period of joint ownership of the Real Property by the City and the Temple, each of them expressly waive any right of partition under Part III, Title 10.5 of the California Code of Civil Procedure. Section 26. CONDEMNATION. Except as set forth in Section 14, in the event that the interest of the Temple in the Exclusive Use Area, the Recreational Center or the Real Property are condemned for public purposes by the City or any other public or quasi-public agency or entity having the power of eminent domain, then the City and the Temple agree that the fair market value of the interest of the Temple in the Real Property for the condemnation purposes shall include a value as if the conditions set forth in Section 15 had occurred and a duty arises for the City to convey to the Temple another parcel of real property and a newly constructed building. However, the power of termination in favor of the Temple to terminate the fee simple interest 19 a of the City in the Real Property shall not be considered in valuing the ownership interest of the Temple in the Real Property for the condemnationpurposes. Executed on 1994, at Atascadero, San Luis Obispo County, California. The Temple: The City: THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF ATASCADERO, a Municipal Corporation By: By: Its President Its Mayor By: Its Secretary APPROVED AS TO FORM, SUBJECT TO SECTION 3 OF THE AGREEMENT TO CONVEY REAL PROPERTY SUBJECT TO CONDITION SPBSEQUENT AND RESERVATION OF RIGHTS: The Temple: The City: THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OP ATASCADERO, a Municipal Corporation By: By: Its President Its City Manager By: Its Secretary dflb:[agtsl]at astemp.occ June 30, 1994 • 20 AC KNOW LEIDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss i On 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me" that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me . that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 0000 0 ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On 1994, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that, he/she/they executed the same in his/her/their authorized capacity(ies), and that',by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. s EXHIBIT "A" LEGAL DESCRIPTION PAR_ C_ E 1 IN THE COUNTY OF ACCORDING TO AMENDMENT "D" THAT PORTION OF LOT 12-AFOC�IF DIARATION PAR BOOK 4 OF MAPS, SAN LUIS OBIASCADERO, STATE O 1918 , IN TO MAP OF ATASCADERO, RECORDED APRIL 15, 1918 AS FOLLOWS : AT PAGE 67-A, RECORDS OF SAID COUNTY' SAID TNG AT THE MOST SOUTHERLY CORNER OF SAID LOT 12-A, BEGINN CENTER T LINES RLY OF OF POINT BEING THE POINT LL/I�NCECTALONG THGWESTHMA L' NORTH MALL AND WEST MAL SAID LOT 12-A, WHICH IS THE CENT; THEN EOpT RIGHT AN NORTH 28°37` 00" EAST 169 .37 FEET; THENCE AT RIGHT ANGLES 61°23 ' 00" WEST 266 .48 FEET; INT ON THE SOUTHWESTERLY NORTH OF NORTH MALL; THENCE SOUTH 28°37'00" WEST 169 .37THEECENTER LOINS SOUTHWESTERLY LINE OF SAID LOT 12-A, AND LINE OF SAID LOT 12-A, SOUTH 61°23 ` 00" EAST AT RIGHT ANGLES, ALONG THE SOUTHWE WHICH IS THE CENTER RPLINE OF NO OF BEGINNING RTH L, 266 .48 FEET T NG THEREFROM OR UPON SAID �D- EXCEPTI ALL WATER IN, UNDALLEYS SHOWN ON ALSO EXCEPTING THEREFROM ALL STREETS, ROADS AND THE MAP ABOVE REFERRED TO. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF . pALZ 2IN THE A OF ADMINISTRATION PARK,ACCORDING TO THAT PORTION OF LOTS 12 AND DSTATE OF CALIFORNIA' 1918 , IN COUNTY OF SAN LUIS OBISPATASCADERO, RECORDED APRIL 15 , 1918 DESCRIBED AMENDMENT D RECORDS OF SAID COUNTY,BOOK 4 OF MAPS , AT PAGE 67-A, AS FOLLOWS : SAID POINT 12-A OF SAID ABOVE DESCRIBED BEGINNING AT A POINT ON THE CENTER LINE OF WEST MALL, BEING COMMON TO LOTS 10 , 11, 12 ' AND ADMINISTRATION PARK% THENCE ALONG THENSAIDECNORTH bl°23 ` 00" WEST SOUTH 28°37 00 WEST 59 .43 FEET; ET' THENCE SOUTH 28037 ' 00" WEST 169 . 37 FEET I THE 266 .48 FE THENCE ALONG SAID CENTER LINE CENTER LINE OF NORTH MSI'% G THE MOST WESTERLY LINE ° r00 ' WEST 43 . 34 FEET TO THE MOST WESTERLY CORNER 0 NORTH 61 23 THENCE AL THE THE ABOVE DESCRIBED O OH 28°A9' 00" EAST 93 . 20 FEET To A RADI OF SAID LOT 12-A' VE CONCAVE TO THE NORTHWEST AND RAVING STERLY 41 BEGINNING OF A CUR SAID CURVE AND OF OF 1146 . 00 FEET; THENCE OF 606-7 38„ AN ARC DISTANCE . THE THROUGH A CENTRAL AtiCST OF 6 c FEET TO THE is=CST NORTHERLY CORNER OF SAID LOT 12—A, 135 . 89 61(1;>,O, SAME BEING COMMON WITH THE ABOVE DESCRIBED LOT 12 ; THENCE NORTH 28037 ' 00" EAST, 20 . 00 FEET; THENCE SOUTTHENCE3 ' 00"ALONEAST SAID 317 . 73 FEET TO THE CENTER LINE OF WEST MALL; CENTER LINE SOUTH 28037' 00" WEST 20 . 00 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL MINERALS OR OTHER HYDRO-CA!2BON SUBSTANCES UNDER, IN OR UPON SAID LAND. ALSO EXCEPT THEREFROM THAT PORTION THEREOFSHOLYIN ON SAIDMAP. THE LINES OF THE NORTH MALL AND THE WEST MALL SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. OHN R4SERS, P.L.S . 5812 DATE EXPIRATION DATE 06/30/96 -ND S SU,���` 1 EXP. No. 5812 Q� ��qrE OF CA��F�� 9110201 .DDS PARCELczo _ 2 PARCEL 1 (FORMERLY NORTH MALL) sx,7, NTS _ 4 I - O O i Q � a 0 H o EXHIBIT "� AGREEMENT TO CONVEY REAL PROPERTY SUBJECT TO CONDITION SUBSEQUENT AND RESERVATION OF RIGHTS This agreement is made and entered into on the day of , 1994, between the ATASCADERO TEMPLE ASSOCIATION INC., a California non-profit corporation, (herein the "Temple"), and the CITY OF ATASCADERO, (herein the "City"), who agree as follows: RECITALS A. The Temple is a non-profit organization which owns certain real property described in Exhibit "A" (herein the "Real Property"), for the principal purpose of maintaining it for fraternal, civic or social use, the present primary beneficiaries of which are the Atascadero Lodge No. 493 of the Free and Accepted Masons of the State of California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of California ("Eastern Star"); and B. The City is presently seeking facilities for the expansion of its youth recreational programs; and C. The Temple desires to convey to the City and the City is agreeable to a conveyance of a fractional interest in the Real Property, reserving to the Temple certain rights and establishing certain use restrictions, including, but not limited, the preservation of the historical nature of the Real Property and the establishment of youth and other recreational activities on and within the Real Property; and 1 NOW THEREFORE, IT IS FURTHER AGREED: Section 1 . CONVEYANCE SUBJECT TO RESERVATIONS AND JOINT OCCUPANCY AGREEMENT. The Temple shall grant to the City':ninety-nine percent fee simple interest to the Real Property, subject to the reservations set forth in Section 2 and the terms and conditions of a joint occupancy agreement (herein "Joint Occupancy Agreement") the form of which has been approved by the City Manager of the City and the Board of Directors of the Temple, subject to the conditions set forth in Section 3. Section 2. RESERVATIONS. The Temple, for itself and for its beneficiaries, (the Masons and the Eastern Star), reserves from the grant to the City the exclusive use of the "Lodge Room" and the existing storage rooms on the; second floor of the Recreational Center, without charge or offset, including, but not limited to, Smaintenance and repair and the cost of utilities, exclusive of telephone service ("exclusive use area"),' subject, however, to reasonable rules established by the City applicable to the health and safety of the occupants of the Recreational Center. In addition, the Temple and its beneficiaries shall have the first right of use, without charge or offset, of the dining and kitchen areas in the Recreational Center, subject to availability based upon written committed uses to such facilities by the City made prior to written notice by the Temple of its intent to '! use the facilities. Notwithstanding the above to the contrary, nothing herein shall' prevent the Temple and the City from establishing from time to time mutually acceptable guidelines for reserving the use of the Recreational Center in those areas other than the exclusive s2 00(m, use area of the Temple as referenced above. The additional specific terms of the agreement bets/een the City and the Temple concerning their joint occupancy of the Recreational Center is set forth in the "Joint Occupancy Agreement," which provides for, among other things, insurance, indemnifications, and the City's duty to provide to the Temple an alternative meeting place in the event that repairs and maintenance to the Real Property require an alternative meeting place by the Temple. The terms "Lodge Room", "kitchen" and "storage" are defined with specificity in the "Joint Occupancy Agreement", which definitions and the Joint Occupancy Agreement are incorporated herein by reference. For the purposes of this Section 2, it is agreed that any use and occupancy reserved by the Temple shall not only be for the benefit of the Temple but also for the derivative benefit of the Masons and the Eastern Star, or their affiliated groups; the organizations for which the corporate existence of the Temple applies. Section 3. CONDITIONS TO PERFORMANCE. 3.1 The City's obligations to perform its undertakings provided in this Agreement are conditioned on the fulfillment of each of the following: 3.1(a) The City's review and approval of a current preliminary title report to be furnished by the Temple within fifteen (15) days of the date hereof. The City shall have ten (10) days after receipt of said report in which to review it and to make any objections to title exceptions known to the Temple. If the Temple refuses to remove any objectionable exception or exceptions, the City may elect to waive its objections as to any exception or 3 exceptions and proceed with the acquisition of the Real ';Property, or in the alternative, the City may terminate its obligation hereunder. The City's failure to notify the Temple in writing of any objectionable exception or exceptions contained in the preliminary title report within said ten 0 0)'+day period shall be deemed a conclusive presumption that the City has no objection as to any exception or exceptions. 3.1(b) For the purpose of, among others, satisfying the City's due diligence as required to support the covenants as set forth'In Section 6 of this Agreement, the City may, at any time and from time to time until the close of escrow, enter the Real Property for purposes of inspection, survey, tests, design of improvements, and other actions reasonably related to the investigation by the City of the suitability of the Real Property. The City will indemnify, defend, and hold harmless the Temple from any loss, damage, claim, cost, lien, action, liability, or judgment (including, without limitation, the Temple's attorney fees and defense costs) (i) incurred for, from, or by any person or entity acting on behalf of, at the request of, or for the purpose of the actions of the City under this section; or (ii)'for personal injury, property damage, or other loss or damage of any kind arising from, resulting from, or in any way related to such entry. The City may make minor changes in the real property in the course of any investigation permitted under this paragraph (e.g., soils borings), provided that the change or damage is only temporary, that it is reasonably necessary 4 to the investigation of the physical characteristics of Real Property, and that the City repairs such damage and restores the Real Property to its original condition promptly on completion of the investigation. The obligation under this section shall survive the termination of this agreement or the close of escrow. On the termination of the agreement for any reason, the City shall immediately restore the property to its physical condition as of the date of this agreement, at the City's sole cost. By giving written notice to the Temple, the City shall have the right, at any time prior to the close of escrow, to terminate this Agreement and the escrow for any reason related to the Real Property discovered by the City's investigation under this section. 3.1(c) The City's review and approval of any and all leases or occupancy agreements affecting the Real Property within fifteen (15) days from the date such leases and agreements are delivered by the Temple to the City. At or before the close of escrow, the Temple shall deposit into escrow an executed assignment of the leases or occupancy agreements on a form to be prepared by the City, together with an estoppel certificate executed by each tenant nor more than fifteen (15) days before closing, in the form attached as Exhibit "B". The Temple warrants and represents that at this time and as of the closing no other leases of the property are or will be in force; no one else has a right of possession; no rent concessions were given; no other agreements were made with the tenants; and neither the Temple nor any tenant is in default under any lease. 5 3.1(d)The Temple's membership voting in accordance with the California Corporations Code to amend its Articles of Incorporation or Bylaw's to provide that in the event the Temple maintains an interest in the Real Property at the time it dissolves or is subject to being dissolved in accordance with the California Corporations Code, then (i) the interest in the Real Property will be distributed to the City upon dissolution and (ii) the City shall have the right and power to cause the Temple to be involuntarily dissolved pursuant to California Corporations Code §8510(b)(1). 3.1(e) The review and approval of the "' Joint Occupancy Agreement" by the City Council for the City in accordance with law, prior to the close of escrow. 3.2 The Temple's obligations to perform its undertakings provided in this Agreement are conditioned upon fulfillment of each of the following: 3.2(a) A letter of opinion by a Certified Public Accountant and/or legal counsel selected at the discretion of the Temple substantiating that the conveyance of the Real Property to the City and the performance of the terms of the Occupancy Agreement will not constitute a taxable event for any tax purposes or otherwise affect the Temple's status under any governmental code, statute, ordinance or rule as a non-profit Corporation. 3.2(b) The approval of the " Joint Occupancy:Agreement" by the members of the Temple pursuant to its Bylaws and in accordance with the California Corporations Code, prior to close of escrow. 6 3.2(c) The Temple's membership voting in accordance with the California Corporations Code to amend its Articles of Incorporation or Bylaws to provide that in the event the Temple maintains an interest in the Real Property at the time it dissolves or is subject to being dissolved in accordance with the California Corporations Code, then (i) the interest in the Real Property will be distributed to the City upon dissolution and (ii) the City shall have the right and power to cause the Temple to be involuntarily dissolved pursuant to California Corporations Code §8510(b)(1). 3.3 Each party's obligation to perform its undertakings provided in this agreement is conditioned upon the issuance of a title insurance policy in a form acceptable to each respective party insuring the respective interests of the parties in the Real Property as set forth in this agreement. 3.4 In the event that the City or the Temple terminate its obligations under this Agreement in accordance with this Section, then neither party shall have any further obligations or liabilities under this Agreement (a party's indemnity obligations excepted). In the event of such termination, all escrow and title charges shall be divided equally between the City and the Temple and all documents delivered to escrow holder shall be returned to the depositing party. If escrow closes then the conditions set forth in this Section 3 shall be deemed satisfied. Section 4. ESCROW. The Temple shall open an escrow ("escrow") by depositing this Agreement, and a duplicate original of this Agreement ("opening of escrow"), at First American Title Company, 6905 EI Camino Real, Atascadero, 7 0(100 ? California, who is authorized and instructed to receive and deliver pursuant to the terms and conditions of this Agreement, the instruments, documents, items and monies to be deposited into escrow as herein provided. The Temp4e and the City shall execute escrow instructions, if further instructions are required by the escrow holder, not inconsistent with this Agreement, including such provisions as escrow holder deems necessary for its protection, no later than sixty (60) days from escrow opening or before if all of the conditions to performance by the parties have been satisfied. If any provision of any such escrow instructions is inconsistent with or contradicts this Agreement in any respect, this Agreement shall pre-empt such escrow instructions as between the parties hereto and shall control and be deemed to be the Agreement of and between the parties unless this Agreement is specifically amended in writing. 4.1 CLOSING COSTS AND FEES. Cost of escrow for the conveyance of the Real Property shall be paid by the City and shall include, but shall not be limited to, escrow fees, recording fees, and documentary tax fees. 4.2 CLOSE OF ESCROW. Escrow shall close on or before sixty (60) days from its opening, or before if all of the conditions to performance by the parties have been satisfied. 4.3 PRORATIONS. Property taxes, bonds, utilities, insurance, contracts and rents, if any, shall be prorated as of the date of recordation of the:,!deed. Any security deposits held by the Temple shall be delivered to the City outside escrow. The amount of any bonds or assessment which are a lien payable with the real property 0 8 taxes, and which is not yet all due and payable, and as otherwise prorated pursuant to this Agreement, shall be assumed by the City. 4.4 TITLE. The Temple shall convey ninety-nine percent fee simple title to the City by a Grant Deed containing the conditions set forth in Section 1 and the reservations set forth in Section 2. The exact form of the deed shall be prepared by legal counsel for both the City and the Temple, however, the final deed shall be in a form as prescribed by the title insurer. On close of escrow, title shall vest in the City of Atascadero, a municipal corporation, subject to the conditions and reservations in favor of the Temple, as set forth in Sections 1 and 2, and the conditions of title as reflected in the preliminary title report approved by the City in accordance with Section 3.1(a). 4.5 TITLE POLICY. The Temple shall furnish to the City a California Land Title Association Joint Protection Policy, the cost of which shall be paid by the City, showing title vested in the City jointly with the Temple, subject only to liens, easements, restrictions, rights and conditions of record which appeared in the Preliminary Title Report approved by the City in accordance with Section 3.1 (a) and the conditions and reservations set forth in Sections 1 and 2. 4.6 CANCELLATION. The Temple and the City shall equally pay the costs of escrow cancellation if the aforementioned escrow is cancelled in accordance with Section 3. 4.7 POSSESSION. Except for the limited purpose as set forth in Section 3.1 , the joint possession to the Real Property by the City and the Temple shall commence upon the close of escrow, subject to the conditions and reservations set forth in i 9 9 Sections 1 and 2. Upon commencement of the joint occupancy of the Real Property by the City and the Temple, the Real Property shall be in the same condition, reasonable wear and tear excepted, as on the date of this Agreement. Section 5. STATUTORY DISCLOSURES. 5.1 SPECIAL STUDIES ZONE DISCLOSURE. The Real Property may be located in a special studies zone. A special studies zone is essentially an earthquake fault zone. These zones are subject to the Alquist-Priolo Special Studies Zone Act, which is set forth in Californian Public Resources Code Sections 2621-2630. Under the Act, certain projects (such as subdivision of land pursuant to the Subdivision Map Act or the construction of some structures intended for human occupancy) with special studies zones must be approved by the appropriate city or county; in accordance with special policies and criteria. This approval process may require the preparation of a . geologic report. 5.2 SEISMIC HAZARD ZONE DISCLOSURE. The Property may be located in a seismic hazard zone. A seismic hazard zone is essentially an area subject to strong ground shaking, liquefaction, landslides, or other ground failure during an earthquake. These zones are subject to the Seismic Hazards Mapping Act, which is set forth in California Public Resources Code Sections 2690-2699.6. Under the Act, certain projects (such as the subdivision of land pursuant to the Subdivision Map Act or the construction of some structures intended for human occupancy) Within seismic hazard zones must be approved by the appropriate city or county, in accordance with special policies and criteria. This approval process may require the preparation of a geologic report. 10 0f>0o Section 6. DISCLAIMER. Except as otherwise provided in this Agreement, the Temple makes no representations or warranties as to the physical condition of the Real Property or in connection with any matter relating to its condition, value, fitness, use, zoning or environmental affects which the City has relied upon, either directly or indirectly. Further, except as otherwise provided in this Agreement, the Temple makes no representation or warranty as to any operative or proposed governmental laws or regulations (including but not limited to earthquake retrofit, zoning, environmental and land use) to which the Real Property is or may be subject. The City acknowledges that the purchase of its interest in the Real Property will be on the basis of the City's own investigation of (i) the physical condition of the Real Property, including the subsurface conditions thereof and (ii)the operative or proposed governmental laws and regulations affecting or applicable to the Real Property, including, but not limited to, earthquake retrofit, zoning, environmental and land use. Except for matters arising from or attributable to a material finding known to the Temple and not disclosed to the City, the City will acquire the Real Property in and "AS IS" condition. The City assumes the risk that adverse physical conditions or the applicability and effect of such governmental laws and regulations may not have been revealed by the City's investigation. As used herein, "material" shall mean all substantive findings that would influence or tend to influence the City's decision to acquire the Real Property. The Temple's obligation to disclose matters "known to the Temple" or words of the like import shall be deemed breached only if the Temple, as of the date of this Agreement, had actual knowledge (as opposed to constructive 11 ►f F:b:l;; knowledge) of such material findings not disclosed to the City. ''In this regard, the Temple represents: (a) The Temple has no actual knowledge of any material, physical or mechanical defects affecting the Real Property. (b) The Temple has no actual knowledge that the Deal Property or the operation thereof, violates any laws, regulations or building codes, including, but not limited to, building permit requirements.' (c) The Temple has no actual knowledge of any approvals required by any individual necessary to make use of the Real Property or in order to insure adequate vehicular and pedestrian ingress and egress to the Real Property. (d) The Temple has no actual knowledge of any outstanding contracts for any improvements to the Real Property which have not been fully paid or which would support a mechanic's lien against the Real Property. Section 7. WARRANTIES. Each party, the Temple and the City, warrant and represent to the other: (a) All documents delivered pursuant to this Agreement are and will be true and correct copies of originals and represent truly the factual matters stated therein. (b) This Agreement and all documents or instruments delivered pursuant to this Agreement, now, or at or after the closing of escrow, have been or will be duly authorized, executed and delivered and are 12 legal, valid and binding obligations, enforceable in accordance with their respective terms and do not violate any provisions of any law or agreements to which a party is subject or bound. Section 8. ASSIGNMENT. The benefits and obligations of this Agreement may not be assigned by either the Temple or the City without the prior written consent of the other. Section 9. ATTORNEY'S FEES. In the event either the Temple or the City commences an action against the other to enforce any of the provisions of this Agreement, or in the event the City or the Temple is involved in litigation by reason of any act of the other relative to this Agreement, or the Real Property, the prevailing party shall be entitled to receive from the other party reasonable attorney's fees, costs and expenses incurred in connection with any such action or litigation. Section 10. MUTUAL OBLIGATIONS. Performance of any obligation imposed S on either the City or the Temple under this Agreement is conditioned on the other party's full performance of all obligations imposed on such other party under this Agreement. Section 11 . NOTICES. All notices and demands shall be delivered in writing, either personally or by registered or certified mail, postage prepaid, return receipt requested. All notices and demands shall be considered given when mailed and shall be addressed as follows, provided that if either the City or the Temple gives notice of a change of address, then notice and demands to the party giving such notice shall thereafter be given as requested in such notice: 13 �l(?i)QGll, a The Temple: ATASCADERO TEMPLE ASSOCIATION Attn: Board President 6351 Olmeda Avenue Atascadero, CA 93422 The City: CITY OF ATASCADERO Attn: City Manager 6500 Palma Avenue Atascadero, CA 93422 Section 12. TIME OF THE ESSENCE. Time and strict punctual performance is of the essence of this Agreement and each of it provisions. Section 13. DUTY TO IMPLEMENT THIS AGREEMENT. The Temple and the City shall execute all instruments and documents and perform al[acts which may be reasonably required to accomplish the purpose of this Agreement. Section 14. SURVIVAL OF WARRANTIES. All agreements, covenants, and warranties made by either party to this Agreement shall survive the termination of this Agreement, or in the event escrow closes, the execution of any deeds and the close of escrow on this matter. Section 15. AMENDMENTS. Any modification or amendment of this Agreement, the exhibits to this Agreement, or the other documents delivered pursuant thereto shall be in writing and executed by all parties to the document being amended. Section 16. COMMISSIONS. Neither the City or the Temple shall be responsible for any brokerage or finder's fee incurred by the other as a result of the execution of this agreement. Each party agrees to indemnify and hold harmless the other against any loss or damage, including attorney's fees, incurred as a result of a claim for brokerage or finder's fees due to the acts of the indemnifying party. 14 0(?(}(4¢;�� Section 17. EXHIBITS. All exhibits and schedules attached hereto are incorporated where referenced herein as though set forth in full. Section 18. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which shall be deemed an original agreement when viewed together. Section 19. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8, this Agreement, shall inure to the benefit of and shall be binding upon the parties hereto, and their respective heirs, executors, successors and assigns. Section 20. GENDER. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. Section 21. HEADINGS. The paragraph headings in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement or any part thereof. Section 22. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent modification signed by the party to be charged. 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day iand year first written above. The Temple: The City: THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF AASCADERO, a Municipal Corporation By: By: Its President Its Mayor By: By: Its Secretary Its df\b:[agtsl ATASTEMP.AGT June 30, 1994 16 EXHIBIT LEGAL DESCRIPTION PARCEL 1 THAT PORTION OF LOT 12-A OF ADMINISTRATION PARK, IN THE COUNTY OF TO SAN LUIS OBISPO, STATE OF CALIFORNIA, 15CCO1918, IN BOOKN4MOF MAPS, TO MAP OF ATASCADERO, RECORD AT PAGE 67-A, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS : SAID O BEGINNING AT THE MOST SOVIN�'TERSECTIONCORNER OFFTHEICENTERLOT ILINES OF POINT BEING THE POINT NORTH MALL AND WEST MALL, THENCE ALONG THE SOUTHEASTERLY LINE OF IS THE CENTER LINE OF WEST MALL, SAID LOT 12-A, WHICH cE AT NORTH 28037' 04" EAST 169 . 37 FEET; THEN ET; THEN E AT RIGHT ANGLES NORTH 61°23 ' 00" WEST 266 .48 FE SOUTH 28037' 00" WEST 169 . 37 FEET O A LINE OFINT PO NNOR THE LINE. OF SAID LOT 12 THSMALL;ETHENCE -A, AND THE STERLY LINE OF SAID LOT 12-A, AT RIGHT ANGLES, ALONG THE SOUTHWE WHICH IS THE CENTER LINE OF NORTH GINN MALL61023 ' 00" EAST 266 . 48 FEET TO THE POINT OF EXCEPTING THEREFROM ALL WATER IN, UNDER OR UPON SAID LAND. ALSO EXCEPTING THEREFROM ALL STREETS, ROADS AND ALLEYS SHOWN ON THE MAP ABOVE REFERRED TO. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. PARCEL 2 THAT PORTION OF LOTS 12 AND 12-A OF ADMINISTRATION PARK, IN THE STATE. OF CALIFORNIA, ACCORDING TO COUNTY OF SAN LUIS OBISPO, 15 , IN AMENDMENT "D" TO MAP OF A67ASACADRERORDSEOORDEADDACOUNTY, DESCRIBED BOOK 4 OF MAPS, AT PAGE , AS FOLLOWS : - BEGINNING AT A POINT ON THE CENTER LINE OF WEST MALL, SAID POINT BEING COMMON TO LOTS 10 , 11, 12 , AND1 ENTER2-A OF SLINEAID �OVE DESCRIBED ADMINISTRATION PARK; THENCE ALONG SOUTH 28°37' 00" WEST 59 . 4328°3ET; THENCE NORTH361FEET OTO WE 266 .48 FEET; THENCE SOUTH CENTER LINE OF NORTH MALL; THENCE ALONG SAID CENTER LINE NORTH 61023 ' 00" WEST 43 . 34 FEET THEOCEHALONGTTHESMOSTTERLYWEOSTEERLY LINE THE ABQVE DESCRIBED LOT 12-A, TO THE OF SAID LOT 12-A, NORTH CONCAVE9' 00"TO EEAS NORTHWESTT 93 . 20 FAND HAVING A RADIUS BEGINNING OF A CURS OF 1146 . 00 FEET; THENCE OF NG 60,1--; ' 38 " CURVE�AND DISTANCEWESTERLY THROUGH A CENTRAL ANG - THE 135 . 89 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 12-A; SAME BEING COMMON WITH THE ABOVE DESCRIBED LOT 12 ; THENCE NORTH 28037' 00" EAST, 20 . 00 FEET; THENCE SOUTH 61023 ' 00 " EAST 317 . 73 FEET TO THE CENTER LINE OF WEST MALL; THENCE ALONG SAID CENTER LINE SOUTH 28037' 00" WEST 20 . 00 FEET TO: THE POINT OF BEGINNING. EXCEPT THEREFROM ALL MINERALS OR OTHER HYDRO-CARBON SUBSTANCES UNDER, IN OR UPON SAID LAND. ALSO EXCEPT THEREFROM THAT PORTION THEREOF AS LYING SWITHIN PTHE LINES OF THE NORTH MALL AND THEW SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. OHN R. S ERS, P.L.S . 5812 DATE EXPIRATION DATE 06/30/96 �NQS(�R� S �y 4 EXP. No. 5812 ��qTE OF CAO��� 9110201 . DDS i PARCEL _ 2 d d CEL PAR OL�lAA1F5,P& (FORMERLY NORTH MALL) I n�nnnnn L�J EXHIBIT NTS (1( or),741 EXHIBIT "B" ESTOPPEL CERTIFICATE To: The City of Atascadero: The undersigned certifies that: 1 . 1 am the tenant and present occupant of ("the Premises"), laddressl , which constitutes a portion of the property (the "Building") located at faddress7 2 w premises are leased under a lease dated A copy of the lease and all amendments (collectively called "the Lease") are attached. The Lease contains all the agreements between me and the Landlord. 3. Rent of $ per month has been paid through 4. The Lease term began on and expires on , or the Lease is for a month to month. (Strike inappropriate provision). The ';Lease provides option(s) to extend or renew the Lease term for years each. (if no option exists, insert "none".) 5. 1 have no option or right of first refusal to purchase the premises or the building except (if no option exists, insert "none"). My only interest in the Premises or the Building is the Lease. 6. The sum of $ was paid to the Landlord as a security deposit and the sum of $ was paid for the last month's rent. (if none paid, insert "none".) 7. All work required of the Landlord by the Lease has been completed in accordance with the terms of the Lease, and I have accepted, and I am now in possession of, the Premises. Dated: 1994 Tenant: ri(\h.(nntslfltestemp.exE3 0(. 00-1 I REPORT TO CITY COUNCIL Mee ing Date: 7/12/94 CITY OF ATASCADERO Agenda Item : B- 5 Through: Andy Takata, City Manager ; 4 From: Russ Scotten, Interim Finance Director SUBJECT: Payment of Audited Bills and Payroll for the Month of June 1994. i RECOMMENDATION: 3 Approve certified City accounts payable, payroll and payroll vendor checks for the month of June , 1994. i Attached, for City Council review and approval, are the following: A. Payroll for Pay Period ending May 27, 1994 $127,458.22 B. Payroll for Pay Period ending June 10, 1994 $132 20.05 C. Payroll for Pay Period ending June 24, 1994 $137 16.10 D. Payroll Vendor Checks for June 1994 $191 11.04 E. Accounts Payable Checks for June 1994 $833 88.02 The undersigned certifies that the attached represents properly audited demands for payment in the total amount of $1,421,893.43 have been approved for payment as being in conformity with the budget of the City of Atascadero and that funds are available for these demands. Dated: July 5, 1994 RUSS SCOTTEN, Interim Finance Director F 9 I Approved by the City Council at a meeting held LEE PRICE, City Clerk E CITY OF ATASCADERO Payroll for June, 1994 PAYPERIOD ENDING DATE: May 27 , 1994 CHECK NUMBERS ISSUED: 16478 to 16610 TOTAL AMOUNT: $127 ,458. 22 PAYPERIOD ENDING DATE: June 10, 1994 CHECK NUMBERS ISSUED: 16630 to 16774 TOTAL AMOUNT: $131 ,774.88 PAYPERIOD ENDING DATE: June 15 , 1994 (Special Payroll ) CHECK NUMBER ISSUED: 16777 TOTAL AMOUNT: $332.90 PAYPERIOD ENDING DATE: June 10, - 1994 (Special Payroll ) CHECK NUMBER ISSUED: 16779 TOTAL AMOUNT: 112.27 0(?O�F .r � • City of Atascadero Payroll for June, 1994 Page Two PAYPERIOD ENDING DATE: June 24, 1994', CHECK NUMBERS ISSUED: 16804 TO 16967 TOTAL AMOUNT: $136,969. 10 PAYPERIOD ENDING DATE: June 24, 1994 (Special Payroll ) CHECK NUMBER ISSUED: 16969 TOTAL AMOUNT: $147 .00 Approved: Interim Finance Director 00(�t)i'<9 CITY OF ATASCADERO Payment of audited bilis for JUNE , 1994 PAYROLL VENDOR PAYMENTS Check # _16612 through _16979_ Total Amount : _$191 , 311 , 04 Approved : .1� Interim Finance Director • f.- _ SS _z A W W < D c 'c 'G �c C. c. � 'C' C. 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D 5 X. 5 5 :5 D D D S rD M n C, n C') M M 01 Q— r cl 0 v 0 cl 171. 0 0 0�l 0 7m mmmmmmice' mmmMmmmmmm m m m Z Z Z Z Z Z Z Z Z Z Z Z Z Z -;;- m m m m _ m m m 7 m M r, M M M M -71-- Tr M M M M M 7-7j ;n ;n _ ,-6 X;U 7j 7 D D D D D D D 1. 1> D D D D D 1> D D D D D -4 — —, � --q --j -i -4 --j - i — --j — --q — --j --A � -i iTi m m m m m m m m m 1 m — _ M :m .m zz� tv, tv Z:7 6 ?-j rz, t7 C t:l t=l C tz: v v v vZZ5 C ..� !7- iz'i ig mM M M* rn m mi� mmmmm :�: D 777 7 7- 7 7 7- 7 7 REPORT TO CITY COUNCIL Agenda Item: C-1 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Dat : 7/12/94 From: Russ Scotten, Interim Finance Director A,d SUBJECT: Placing Delinquent Solid Waste Charges on the Prop arty Tax Roll for FY 1994-95. RECOMMENDATION: Adoption of Resolution No. 63-94 as may a amended, placing delinquent solid waste charges on the FY 1994-95 Property Tax Roll. BACKGROUND: 9 I Council adopted Ordinance No. 269 on May 11, 1993, which allows the City to place delinquent solid waste bills on the property tax roll, prodded: i 1 .) That the accounts were over 60 days delinquent I 2.) That the charges could be assessed only after a Public Protest Hearing, and 3.) That each effected property owner would receive written notice ten days prior to the hearings. Notices will be mailed to 83 property owners notifying t em of the hearing scheduled July 12. 9 ANALYSIS a The total amount of outstanding bills to be placed on the tax rolls is $7,733.16, with individual bills ranging from $39.80 to $202.10. Most bills z re under $100.00. a Council has the discretion to remove individual accounts from the listing in Resolution 63-94, based on the circumstances presented at the earing. However, Council's decision to remove an individual account would not nece sarily preclude Wil- Mar from pursuing other means of collection. In addition, Wil-Mar epresentatives will be present to respond to individual questions. It should be noted that some accounts may have been paid in full or resolved in some other manner prior to the hearing. Wil-Mar is tracking thes accounts and will be able to report any accounts that should be removed from the listing for that reason. 4)(poof)() RESOLUTION NO. 63-94 • A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING DELINQUENT SOLID WASTE CHARGES ON THE 1994-95 PROPERTY TAX BILL WHEREAS, Government Code Sections 38790. 1 and 25831 allows cities to place delinquent solid waste bills onto 'the annual property tax roll, under certain conditions; and WHEREAS, the City Council adopted Ordinance 269 on May 11, 1993 , applying the provisions of said Government Code to the City of Atascadero; and WHEREAS, all property owners with solid waste fees delinquent for at least sixty (60) days were duly ',notified in writing that their delinquent fees would be placed on the FY 1994-95 property tax rolls, after a public hearing scheduled for July 12 , 1994 ; and WHEREAS, Council has duly held a public hearing concerning the placement of delinquent solid waste fees on the FY 1994-95 property tax rolls; and WHEREAS, at said hearing the attached report ''marked "Exhibit All containing the delinquent fees by Assessor's Parcel Number was duly received by said Council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony or other evidence concerning same; and WHEREAS, it is in the public interest that this body confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2 . That Council hereby determines and confirms the report containing delinquent fees as set forth in "Exhibit All , which is hereby expressly incorporated herein by reference as though here fully set forth, and hereby further determines and confirms that each delinquent fee set forth in said report is true and accurate and is in fact owed. Resolution No. 64-94 • page two Section 3 . That the fees as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such fees shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4 . The City Clerk shall file a certified copy of this resolution and said "Exhibit All with the County Auditor upon its adoption. Section 5. This resolution shall take effect immediately upon adoption by a majority vote of Council. On motion by Councilman , second by Councilman , 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 R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: RUSS SCOTTEN, Acting Finance Director 000(1)11,� RESOLUTION NO. 63-94 EXHIBIT "A" Page 1 Assessment Tax �..i , Number Imounr PAW AmV 1179 1290?7119 90 - 9q 028042049 185 . 35 129051017 99 . 31 12305 179 89 . 30 12PI 207 5 56M 0291 11302 3`? . 30 121151113 91 . 70 023151029 88 . 3.1 129712003 132 . 30 O23251025 73 . 90 02229 019 ^ ^ . OGS 12RI71 170 l 0! 02334._012 136 . 211 O28352130 88 . 80 02931 10'_'`1 112 . 54 O29371021 132 . 90 92337! 121 .07 . 90 0''84' 1009 38 . 80 9290110cl 91 , :30 . 029151002 127 . 611 029153031 199 =0 019171008 49 . 371 Wq-7MW n, 1 0 71754012 32 . 30 029311/38 99 . 15 029382321 33 . 80 030051004 38 . 80 030071001 38 . 80 - 030281025 10d . 60 030301034 88 . 30 030332019 88 . 80 030352015 46 . 10 030371021 64 . 36 030372007 59 . 071 0104 63004 73 . 90 0'0522005 51 . 30 031023005 202 . 10 031043019 66 . 30 031043023 56 . 30 031062002 88 . 80 031151027 57 . 60 031151038 66 . '0 031132029 60 . 75 03127041 43 . 10 031311007 49 . 70 031311024 106 . 90 9450?2102 9R . 10 04535131' 5 . 71 RESOLUTION NO. 63-94 EXHIBIT "A" Page 2 6 1? 5 13 1 i ?.1 ?4 . 30 0 9 1 ;0 . 40 0n919' aLS 37 . 31 049201025 152 . 15 050212021 56 . 30 054022012 169 . 00 054032022 810 . 30 054043009 52 . 60 054051-045 38 . 30 054373013 70 . 75 40910"9 1 7 _3(n29 "^ .. '30 I55121-033 52 . 30 135619, 1?0 0=. •S;'_0''A 13 55 . 3,4 7 15 0552a-2002 055261058 7 4 c.q 056322021 98 . 30 u r'1- 107 . 50 610049191 96 . 30 11001122-lp 3f� . :�o 911002411 99 , 70 7,'33 . 1.6 0 . 00 7733 116 0 0 9 r I REPORT TO CITY COUNCIL AGENDA ITEM: C-2 CITY OF ATASCADERO MEETING DATE: 7-12-94 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Divisio E SUBJECT• Addition of Sanitation Service Charges to the 1994-95 property taxes. RECOMMENDATION• It is recommended that Council adopt the attached resolution No. 64-94 and Exhibit upon completion of the public hearing. BACKGROUND: 0 City Ordinance provides for the collection off sewer service charges on the general County tax bills. The char es applied are those as revised by the City Council on June 14, 1_994 when, after a Public Hearing, Resolution 56-94 was adopted. The attached resolution has been prepared in accordance with Sec ion 54354. 5 of the Government Code to accomplish the necessary col ection through the 1994-95 property tax bills. In addition, a N tice of Public Hearing has been published noticing this action. R i DISCUSSION• The basic area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer charge that . is listed under the column entitled "amount" on Exhibit "A" . Any questions or concerns received during the public hearing may be referre to staff for resolution in order to ensure compliance with Eorwarding the approved list to the County Auditor in a timely manner. FISCAL IMPACT• The City will bill $1, 353 , 338 . 64 in sanitation ervice charges for fiscal year 1994-95. Attachments: Resolution No. 64-94 RESOLUTION NO. 64-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 1994-95 PROPERTY TAX BILL WHEREAS, Council, after due notice was given in accordance with Section 5473-5473a of the Health and Safety Code has duly held a public hearing concerning the addition of the 1994-95 service charges to the 1994-95 property tax bill; and WHEREAS, at said hearing the attached report marked "Exhibit l� containing such charges was duly received by said Council; and A cont g g WHEREAS, at said public hearing opportunity was given for in objections and protests and for presentation of testimony of filing � g other evidence concerning same; and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2 . That Council hereby adopts the service charges set forth on the attached report marked "Exhibit All which is hereby expressly incorporated herein by reference ad though here fully set forth; and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit All and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3 . That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4 . The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5 . This resolution is approved by at least a two- thirds vote of said Council. P On motion by Councilperson and seconded by . Councilperson the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Director of Community Development REPORT TO CITY COUNCIL E CITY OF ATASCADERO Agenda Item: C-3 & C-4 I Through: Andrew J. Takata, City Manager 4 Meeting Date: 7/12/94 File Nu ber: GPA 93002 GPA 93003 From: Henry Engen, Community Development Director SUBJECT: Consideration of an extension of the Land Use Element' s Urban Services Line to accommodate planned development at: ( 1 ) the Neighborhood Commercial parcels located at Viejo Camino and El Camino Real (GPA 93002 ) , and (2) the Neighborhood Commercial parcels located on the east side of El Camino Real at Del Rio Road (GPA 93003). RECOMMENDATION• Approve Resolutions No. 65-94 and No. 66-94 extendi g the Land Use Element ' s Urban Services Line. BACKGROUND: The Planning Commission conducted a public hearing on the above- referenced General Plan Amendments on June 21, 1994 . After discussion, the Commission voted unanimously to recommend approval of General Plan Amendments #93002 and #93003 . HE:ph 6 Encls : Planning Commission Staff Report - 6/21/S4 Planning Commission Minutes Excerpts - 6 21/94 Resolution No. 65-94 Resolution No. 66-94 /ph CITY OF ATASCADERO Item: B . l & B. 2 STAFF REPORT FOR: Planning Commission MEETING DATE: 6-21-94 BY: �)� Steven L. DeCamp, City Planner FILE NO: GPA 93-002 GPA 93-003 SUBJECT: Consideration of an extension of the Land Use Element' s Urban Services Line to accommodate planned development at (1) the Neighborhood Commercial parcels located at Viejo Camino and El Camino Real [GPA 92-002] , and (2) the Neighborhood Commercial parcels located on the east side of El Camino Real at Del Rio Road [GPA 92-003] . RECOMMENDATION: Staff recommends that the Commission: 1 . Find the Negative Declaration prepared for GPA 93-002 to be adequate; 2 . Find the Negative Declaration prepared for GPA 93-003 to be adequate; 3 . Recommend that the Council adopt the attached draft Resolution (Attachment G) approving GPA 93-002; and, 4 . Recommend that the Council adopt the attached draft Resolution (Attachment H) approving GPA 93-003 . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . General Plan Designation. . . . .GPA 93-002 - Neighborhood Commercial GPA 93-003 - Neighborhood Commercial 3 . Zoning District . . . . . . . . . . . . . .GPA 93-002 - CN (Commercial Neighborhood) GPA 93-003 - CN (Commercial Neighborhood) i STAFF REPORT June 21, 1994 GPA 93-002 Page 2 GPA 93-003 4 . Site Area. . . . . . . . . . . . . . . . . . . .GPA 93-002 - 0 .'3 acres GPA 93-003 - 9 .'18 acres 7 . Existing Use . . . . . . . . . . . . . . . . .GPA 93-002 - Commercial & Vacant GPA 93-003 - Single Family Residential & Vacant 8 . Environmental Status . . . . . . . . .Negative Declarations posted May 5, 1994 BACKGROUND: The City Council, on the recommendation of the Planning Commission, initiated these two General Plan amendments to allow for the provision of sewer service to properties previously designated for commercial development . The provision of sewer service to these areas will better accommodate planned types and densities of development . f ANALYSIS: General Plan Amendment 93-002 The "Neighborhood Commercial" zone at the intersection of Viejo Camino and El Camino Real consists of two (2) parcels and contains approximately 0 . 3 acres . This property wasoriginally designated for commercial development to partially accommodate the shopping needs of the growing population residing within the multiple family zones at the southern end of the City . To date, only one of the lots has been developed for commercial purposes (a drive-through convenience store) . The second parcel remains vacant . Staff is not aware of any pending plans for the development of the remaining vacant parcel . General Plan Amendment 93-003 The "Neighborhood Commercial" zone on the east side of El Camino Real at the intersection of Del Rio Road contains six (6) parcels on approximately 9 . 8 acres . Two of the lots are located north of Del Rio Road. The remaining four lots are south of Del Rio . Current development within this area consists of three (3) single family dwellings . The other parcels remain vacant . This area is 1 00(l102 STAFF REPORT June 21, 1994 GPA 93-002 Page 3 GPA 93-003 the most northerly commercial area within the City and is intended to meet the immediate shopping needs of the large (and growing) residential population at that end of the City . Staff is not aware of any pending plans for the development of the existing vacant parcels, or redevelopment of the other parcels . Intensive development of commercial property is seriously constrained where sewer service is unavailable . Portions of a lot that are left undeveloped to allow for the proper functioning of a septic system are lost for building or parking areas . Design and construction of septic systems which will function properly under buildings or other paving is complicated and expensive . Some engineers will argue, in fact, that no portion of a septic system should ever be covered with paving or a building. For these reasons, commercially zoned property should be included within the Urban Services Line and provided with sewer service . The ultimate provision of sewer service to the parcels affected by these General Plan amendments will allow for development of the lots at their full potential . This development will, in turn, help further the General Plan' s goal of providing commercial "nodes" to meet the immediate shopping needs of surrounding residents . Such nodes are intended to improve the quality of life (ie . , convenience) of the neighborhoods while decreasing the need for longer trips into "town for minor shopping. This reduces vehicle trips, congestion, and air quality impacts, etc. The recommended extension of the Urban Services Line will not allow for development (either types or densities) which are not anticipated by the various elements of the General Plan and/or the provisions of the Zoning Ordinance . The environmental review of the proposed General Plan amendments, conducted in conformance with the requirements of the California Environmental Quality Act (CEQA) , did not reveal any potentially significant adverse environmental consequences . Indeed, the potential for reduction in vehicle trip generation, and elimination of potential ground water contamination, are seen as positive affects of the proposed projects . The Draft Negative Declarations (see Attachments E and F) did not elicit any public comment . 000 1 0-) 9 STAFF REPORT June 21, 1994 GPA 93-002 Page 4 GPA 93-003 N L CO C USIONS: The extension of the Urban Services Line and ultimately the provision of sewer service, will increase the development potential of the affected parcels . The elimination of the need to design and construct a septic system should remove a major obstacle to the development of the subject property . Development of these properties at their full potential in conformance with the General Plan and Zoning Ordinance will provide; neighborhood benefits and further the goals of the Plan. ATTACHMENTS : A - GPA 93-002 : General Plan Map B - GPA 93-002 : Zoning Map C - GPA 93-003 : General Plan Map D - GPA 93-003 : Zoning Map E - GPA 93-002 : Negative Declaration F _ GPA 93-003 : Negative Declaratiokn G - GPA 93-002 : Draft Resolution of Approval H - GPA 93-003 : Draft Resolution of Approval 0001011 , 7 , ,. Ir i• v tie 0 NQ IW r CITY OF ATASCADERO ATTACHMENT B Fm n GPA' 93-002 COMMUNITY DEVELOPMENT zoning Map �0 DEPARTMENT . od w` ; - f I f lP �`l .\• . `.� MFJ- 10 ( P D7 )/ 0 v ++ C4P(F E� \0 ,- ��o Rd R :: S. ... ..ter / � d"*& -1 WWI s�k- • r... �'' •' • / " law , , • ML ► � . 1 . ��. ` �lA, CITY OF ATASCADERO ATTACHMENT D F GPA', 93-003 '°'° COMMUNITY DEVELOPMENT zoning map 0 DEPARTMENT 0 R �► QO \0 R E� �T CAMiti0 R A /O/ OT - VA90 ' ._. AO ,� J a I ATTACHMENT E CITY OF ATASCADERO *A ENVIRONMENTAL COORDINATOR NEGATIVE DECTARATION CCNLVU-*=0EvM0P.mEYr DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 • (805) 461-503T APPUCANT'. arc c A 9-31 z z PROJECT TITLE: L-- -3 PROJECT LOCATION: V1 PROJECT DESCRIPTION: CZ F= NGS: I. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. h,are Lndfvidually limited. but comulatively considerable. 3. Me project does not have tmPacts which 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above finding ,s. and the information contained in :he initial study(made a part hereof by refer- ence. and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the =7=nTnCML Hez=y -Engen Community Development Director Date Posted: S_ )-I Date Adopted: C=I I-do ATTACHMENT F CITY OF, ATASCADERO A ENVIRONMENTAL COORDINATOR NEGATIVE DECT,A :.?ATION C0WAUNMDEvELoP.NEYrDEPT. 6-500PALWAAVE. ATASCADERO, CA� 93422 (805) 461-_503 5 APPLIC.AXT: DC- e-* (TY 6)iiek7-A PROJECT TITLE: 6�f-A PROJECT LOCATION: 7?�i7 ....... C- ra4z & 06 PROJECT DESCRIPTION: 1C t e j_,51 0 tij C Li I_A� �> - , F= NGS: L The project does not have the potential to degrade the environment I The Project will not achieve short-term to the disadvantage of long-te= environmental goals. 3- The project does not have fmpacts which,are indMdually 11mited, but comulatively conside.-able. 4. The project will not cause substantial adverse effects on human beings ether directly or indirectly. DETERMINATION: Based on the above&u'ings, and the information contained in:he initial study(made a part hereof by refer- ence and on Me in the Community Development Department). it has been determined that the above project Will not have an adverse Impact on the =vt=nxr-=t Henry Engen Community Development Director Date Posted.- Date Adopted: Coo I 1-do MINUTES EXCERPTS 6/21/94 CITY OF ATASCADERO PLANNING COMMISSION 6/21/94 ACTION MINUTES SUBJECT: B. 1 . & B.2 . GENERAL PLAN AMENDMENT NO. 93002 & 93003 : Consideration of an extension of the Land Use Element' s Urban Services Line to accommodate planned development at ( 1 ) the Neighborhood Commercial parcels located at Viejo Camino and E1 Camino Real [GPA 92-002 ] , and (2 ) the Neighborhood Commercial parcels located on the east side of El Camino Real at Del Rio Road [GPA 92-003] . (CONTINUED FROM THE COMMISSION MEETING OF JUNE 7, 1994) STAFF RECOMMENDATION: (DeCamp) Staff recommends that the Planning Commission: 1 . Find the Negative Declaration prepared for GPA 93-002 to be adequate; 2 . Find the Negative Declaration prepared for GPA 93-003 to be adequate; 3 . Recommend that the City Council adopt the attached draft Resolution (Attachment G) approving GPA 93-002; and, 4 . Recommend that the City Council adopt the attached draft Resolution (Attachment H) approving GPA 93-003 . TESTIMONY: Richard Shannon, one of the developers of the Factory Outlet Center, clarified a point about the sewer capacity for the Center. The decision of the size of the main was made by the existing Public Works Director at the time. He pointed out that the sewer main and the pump station are designed to service the entire area that is already in the Urban Services Line. In addition, he indicated that there is also room for expansion in the pump station and there is some room for expansion in the pressure main and the gravity flow main. The question is how many acres of expansion could be accommodated. Part of the availability for capacity expansion on this sewer main is determined by the density of the development, so it is not an exact figure. However, the existing main is already large enough for complete development of all the area within the current Urban Services Line . In addition, the pump station has mechanisms set in place to allow capacity to be expanded. ( Page 3 of 5 ) 000J11 Planning Commission - Action Minutes, 6/21/94 Item B.1 & B.2 (cont' d) He was concerned about having a reimbursement agreement set up so that as people hook into the sewer, they will reimburse', the bond issues which were used to pay for the sewer, so both the City and the Developers would benefit from any reimbursements . He requested that an attachment be added to the Annexation Agreement, '' stating that the property owners of the annexed property agree not to protest any reim- bursement agreement . [Once Public Comment period was complete, Mr. DeCamp indicated that he agreed it is reasonable to, request that the people who hook up to the sewer reimburse the Developer and the City. However, his understanding in speaking with the City Attorney is that someone cannot be asked to give up their right to protest . He suggested including the reimbursement request in the transmittal of the document the Commission ultimately adopts . ] Syd Bowen, 5550 Cascabel, an observer in the audience, commented that there appeared to be a lot of unanswered questions that should be answered in order for the Commission to fully consider the issues at hand. He felt that property owners immediately Outside the Urban Services Line should be considered; and before this', decision is made to annex the subject property to the Urban Services District, more work needs to be done . ACTION: Approve staff recommendation. Motion: Wallace Second: Carden AYES : Wallace, Carden, Lochridge, Bonnema, '' Edwards, Johnson NOES : None ABSENT : [One seat vacant] (Page 4 of 5) RESOLUTION NO. 65-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT - URBAN SERVICES LINE EXTENSION AT VIEJO CAMINO AND EL CAMINO REAL (GPA 93-002; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan Land Use Element, which was adopted in 1992 to guide the City' s general growth is in need of revision; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendments on June 21, 1994; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan amendment will not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 93-002 amending the Land Use Map of the General Plan Land Use Element by extending the Urban Services Line as shown of the attached Exhibit A. Resolution No. 65-94 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call '' vote : AYES : NOES : ABSENT: ADOPTED : CITY OF ATASCADERO, CA By: R. DAVID BEWLEY, Mayor ATTEST: • LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director r b RESOLUTION NO. 66-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT - URBAN SERVICES TINE EXTENSION AT DEL RIO ROAD AND EL CAMINO REAL (GPA 93-003; City of Ataseadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan Land Use Element, which was adopted in 1992 to guide the City' s general growth 'is in need of revision; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendments on June 21, 1994; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan amendment will ':not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate . THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 93-003 amending the Land Use, Map of the General Plan Land Use Element by extending the Urban Services Line as shown of the attached Exhibit A. Resolution No. 66-94 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote : AYES : NOES : ABSENT : ADOPTED : CITY OF ATASCADERO, CA By: R. DAVID BEWLEY, Mayor ATTEST : LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY : HENRY ENGEN, Community Development Director 0001,1'7 Resolution No. 66-94 EXHIBIT A Page]_of P� A� 0 QO N 0 O t! Q,o 1 }i}EL C4MjN0 �v qcr ii• (s:: :isi n: 'sii�ii:il M....;. }}.ilii}}s}:•:}::::}.( �+ Ht�. ii}i N i rr rr rr rr ,p_ i, �AMoN � r rr rrr U F � S rr rr rrrrrrr � ♦rr .O � 2 m u 09C - I� � o I K New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged a tl REPORT TO CITY COUNCIL Agenda Itee : D-1 CITY-OF-ATASCADERO----------------------Meeting-Date: --7/12/94--- Through: Andrew Takata, City Manager Via: Henry Engen, Community Development Director" From: John Neil , Assistant City Engineer JGV) SUBJECT: Modification of Las Encinas Assessment District si nage. RECOMMENDATION• Change the existing signage within the Las Enc ' nas Assessment District in conformance with a modified version f the Level 1 recommendations of the design engineer's signage r view. DISCUSSION• Staff was directed by Council to review the recently installed signs within the Las Encinas Assessment District and provide recommendations for modifying the signs to m ke them more compatible with the rural atmosphere of the nei hborhood while still warning motorists of potentially hazardous conditions. Staff feels that, with several modifications, the Level 1 recommendations of the design engineer's signage review will accomplish the above. Specifically, certain "Chevron" signs (W81) signs should remain at the locations indicated on the attached exhibit. These sign installations will be modified to lessen visual impacts by reducing the height of the Chevrons to the 42" minimum and placing the two Chevrons on each po t back-to-back opposed to the current stacked configuration. In addition, the Chevrons will be removed at the locations shown on the attached exhibit. It was felt that existing features in these areas coupled with the Special Curve/Turn Arrow signs (W4) will p ovide adequate warning of potentially hazardous conditions. It was felt by staff that the design engineer's recommendation of placing Single Head Arrow signs (W57) in lieu of the Chevrons will no significantly reduce the visual impacts associated with the signs. If the above is directed by Council, approximately 44 signs will be removed for a net decrease of 35%. Since Special Curve/Turn Arrow warning signs have been placed at most of the locations for which removal of the C evron signs is recommended and since Caltrans' policy for the Chevron sign states that this sign should be used to supplement standard signs and delineation that have not proven effective it is felt by staff that there should be no significant increase in risk to motorists and subsequent liability to the City. It is further felt by staff that reduction in the number of signs beyond the above could significantly increase the risk to motorists due to a failure to warn them of potentially hazardous situations. FISCAL IMPACT• Sign modification will be paid for from Las Encinas Assessment District bond proceeds and performed by City street maintenance forces. ATTACHMENTS• Attachment A, Exhibit showing sign removal/modification locations Attachment B, Signage modification recommendation from design engineer Attachment C, Excerpt from Caltrans' Traffic Manual showing various signs referenced in the staff report LASENCINAS.RPT a e 0 m F- rr ►- W N Z W Z & CL r7 Q cn X W z z ¢ ¢ w W g� U) z m w z U w O C7 > Z w F- r U W r >0 LL W : 0 ¢ U) Q m O Penfield a �� Smith ENGINEERS • SURVEYORS 2530 FINANCIAL SQUARE DRIVE. #110 111 EAST VICTORIA STREET 1000 MILL STREET OXNARD,CALIFORNIA 93030 P.O.BOX 98 • SANTA BARBARA,CALIFORNIA 93102 SAN LUIS OBISPO.CALIFORNIA 93401 805-983-7499 • FAX 805.983-1826 805-963-9532 • FAX 805-966-9801 805-544-5445 • FAX 805-544-4872 W.O. 10,856.01 June 24, 1994 Mr. John Neal Assistant City Engineer City of Atascadero c/o North Coast Engineering 715 24th Street, Suite "O" Paso Robles, CA 93446 SUBJECT: Las Encinas Assessment District Sign Program Dear Mr. Neal: In response to your request,Penfield&Smith(P&S)has prepared this letter to provide background information on the sign recommendations and to evaluate the signing installed for the subject project. Background The City of Atascadero is in the process of annexing the Las Encinas subdivision road system. The private road system p ys m serving Las Encinas, constructed several ,was g ears ago, designed to a rather low Y � geometric standard. gThese roads have numerous sharp curves, steepgradients and narrow widths. Prior to a accepting these roads, the City requires that these roads be unproved to be more consistent with the current road standards elsewhere in the City. The City considered realignment of some of the roadways, but these improvements proved to be prohibitive due to right-of-way acquisition and cost. In June 1993, P&S was asked by the City of Atascadero to recommend paving,drainage,signing and striping improvements pursuant to these goals in preparation for the City accepting the private streets for maintenance. During the Summer of 1993, P&S conducted field reviews to evaluate the design and condition of the Las Encinas subdivision roadways. These field reviews resulted in recommendations for certain street improvements to meet the goals of the project. The City of Atascadero reviewed our recommendations and authorized us to proceed with the preparation of construction documents. During the Fall of 1993, P&S prepared paving, grading, drainage, signing and striping plans to improve the operation of the Las Encinas subdivision road system. In May 1994,construction of the recommended improvements was completed. Subsequently, the location and number,of some of the roadside signs has received criticism from some of the Las Encinas residents. On June 21, 1994, I conducted a field review of the signs installed as part of the construction documents. a following summarizes my findings. ,P o S r ` Mr. John Neal June 24, 1994 Page Two Basis of Recommendations The traffic engineering work completed for the Las Encinas Assessment District consisted of a review of the roadways throughout the project area and focused on traffic safety issues. Based on a review of the plans and field observations,specific areas where improvements could be made were documented. Each segment of the road system was reviewed with respect to established design criteria and the results were documented on the project plans, with the recommended improvements identified, as appropriate. 1. Sight Distance - The horizontal sight distance was reviewed leased on the surveyed drawings. The posted speed limit (25 MPH) was used to deWrmine the applicable sight distance requirements. Once the problem areas were identified, field observations were be made to determine the actual conditions. Improvements to increase the sight distance at curves were prioritized in the following order based on specific site constraints. 1. Road widening, 2. Slope cuts, 3. Shrubbery removals/trimming, and . 4. Advance warning signs. 2. Roadway Signing - The existing roadway signing was documented along each of the roadways within the scope of the Study. The appropriateness and need for additional signing was determined. Turn warning signs were posted where limited sight distance or tight radius existed. Signs depicting a 180° turn in the road were placed where the'roadway turned more than 90°. Advisory speed signs at curves were also placed where roadway widths, sight distance or other constraints dictated additional warnings for motorists. All warning signs were placed based on the Caltrans sign manual recommendations. Winding Road Ahead signs were placed where several curves are encountered in succession,where placement of individual curve signs would be impractical or visually obtrusive. However, where the curves have limited sight distance, tight radius or reduced speed, individual curve signs were recommended. Curves with a centerline radius of about 50 feet were posted with advisory speeds of 10 mph, 100 foot radii were posted at 15 mph, and 150 feet radius at 20 mph. Curves with a radius less than 50 feet were posted for an advisory 5 mph. 3. Pavement Markings -The type of the existing pavement markings were documented within the study area. Recommendations were made for reinstallation, changes or additional markings based on traffic volumes and pavement width. 4. Roadway Width - The driveable surface was identified and compared with that required by the City Standards. Where a deficiency was identified, the need for I�fiir .�r;l �© PS Mr. John Neal June 24, 1994 Page Three widening was based on condition of the road, traffic volumes, adjacent land use, landscaping, and amount of deficiency. Recommendations were made for each deficiency identified. 5. Right-of-Way Controls-At intersections within the Study area, the need for right-of- way controls, STOP or Yield signs,was evaluated. The need for additional controls was made based on sight distance, traffic volumes, and roadway width. Installation Analysis During my field review on June 21, 1994 following the installation of improvements, I observed the placement of the various signs in the Las Encinas Subdivision. I noted that the Type "N"signs have not been installed at the two locations specified,as well as the blue reflective pavement markers that identify the location of the fire hydrants in the subdivision. Also on Alturas Road at the first/last curve within the project limits near parcel 50-031-16, only three of the sign posts with W81 chevron signs were erected. The plans specified four posts with W81 signs. The remainder of the signs were installed in accordance with the plans. While in some areas, there are several signs closely spaced, the geometry of the roadway and the goal of warning motorists of significant changes in the road conditions made such design necessary, in my opinion. Where practical, not all curves were signed. The winding road signs were placed to reduce the number of curve warning signs within the project. However, in some cases where the curves are sufficiently tight or have limited sight distance,supplemental speed advisory signs and chevrons were necessary. Based on my field review for consistency, number and location of the sign improvements, it became apparent to me that three;,additional signs Should be;installed.1 ♦ Two of these signs should be placed on Del Rio Road to identify several back to back curves. The specific location of these signs are at Sta..8+50 and at 21+00. The signs that should be installed are: i£' 14(RT) (36' x36") at:5ta 8+50, and at Std 23+50,,a Wl4(LT) (36"x36")sigh ♦ Near the intersection with Del Rio Road.on La Canada Lane, d-W53�'(36W"),No through Street,sign is recommended. This sign should be placed at Sta. 14+75: Project Modification The signs specified on our drawings are based upon my professional experience and judgement in response to the City's desire to upgrade these roadways to be compatible with road safety standards elsewhere in the City. I believe that these improvements achieve that goal to the extent feasible. However, some of the residents of the project area are not pleased with the visual aesthetics associated with the number of signs that have been added and wish to see that number reduced. While I do not advise the City to reduce the number of signs, it is recognized that the aesthetic character of a neighborhood is a valid concern and that it may be desirable to accept a lesser level of safety in order to protect a valuable aesthetic resource. c Mr. John Neal June 24, 1994 Page Four In order to give some guidance in considering such trade-offs-1-have identified groups of signs that the City may consider changing. These are listed below in various levels of increasing significance in terms of safety and liability. Level 1 - Remove the W81 "Chevron" signs at these tight curves and replace them with single arrow signs, W57, signs. Typically, three or four W81 signs are placed at these tight curves. One W57 sign could replace the four W81 signs, with an increase in relative risk. This results in the removal of 78 signs with the replacement of 24 signs for net decrease of 43 percent of the 126 sign total. Level 2 - Remove the curve warning signs located after the W14 signs. This would increase the relative risk at the second and subsequent curves along, the roadways by not warning the motorist of a curve with limited sight distance and tight radius. This results in the removal of nine signs representing seven percent of the 126 sign total. Level 3 - Remove all curve warning signs after the W14 signs. This would remove the W81 (or W57) signs and most W4 signs. The removal of these curve warning signs could greatly increase the relative risk within the project area. This would result in the removal of 87 signs representing 69 percent of the 126 sign total. Conclusion The improvements specified in our improvement plans are based on our interpretation of the Caltrans Sign Guidelines and our professional experience. We believe the plans are appropriate to meet the guidelines and the City's goals. While we are not recommending the,removal of any of the signs installed, we recognize that the City may choose to direct such removal understanding the fact that the City is accepting a lesser degree of safety and some increasing risk. Should you have any further questions, require additional clarification or information do not hesitate to contact me. Very truly yours, QROFESS/0� PENFIELD & §MYM �O E N q -9 C13 ` to 0 90F2S" ^ COr� Z No. 1209 Ste enPAA- rosz, P.E. _ Exp TZ Senior Traffic Engineer , "RA FF\r- cc. Mr. Steve Sylvester, City Engineer lF OF CA • S 4-14 SIGNS Traffic Manual 11-1982 W4 POLICY ( 4; SPECIAL CURVE/TURN ARROW AND ADVISORY SPEED SIGN The Special Curve/Turn Arrow and Advisory Speed o _s° signs (W4) may be used at problem locations in the ' head-on position where standard curve orturn signs have not proven effective. Existing pavement markings should also be evaluated. Existing advance warning signs should be left in place when the W4 sign is erected. The advisory speed shall be determined in accordance with Section 4-02.4. No Standard CURVE SIGN W5 The Curve sign (W5) should be used in advance of curves where the advisory speed is 35 MPH or greater. This sign may be ordered for either right curves or left curves. The Advisory Speed plate (W6) should be used (w1 -2) below this sign. For advisory speeds of 30 MPH or less, the Tum sign (W3) shall be used. The advisory speed shall be determined in accordance <> with Section 4-02.4. Standard 36" See the W14 for policy on the use of curve warning signs in mountainous terrain. ADVISORY SPEED PLATE W6 (W13-1) The Advisory Speed plate (W6) should be used to supplement curve and turn warning signs. The speed 40 shown shall be a multiple of 5 MPH. The Plate may also be used to supplement the DIP MPH sign (W32), ROUGH ROAD sign (W33) and the BUMP sign (W37). Standard 30" The advisory speed shall be determined in accordance with Section 4-02.4. 4-16 SIGNS Traffic Manual 11-1ss2 iPOLICY W11 PAVEMENT WIDTH TRANSITION SIGN A Pavement Width Transition sigh (W11) should be used to warn of a reduction in the nudnber of traffic lanes (w4-2) in the direction of travel. It is not used in advance of the end of an acceleration �+3 lane. <* The DO NOT PASS sign (R63) shall be installed below this sign in advance of a transition from a four-lane to Standard 36" two-lane highway. See Figure 6-11, "Typical Lane Reduction Transition", ` ^ Figure 6-12, "Signing and Marking Passing Lanes", and Figure 6-16, "Transition from Two-Lane to Fou{r-Lane Divided", for further information. W14 WINDING ROAD SIGN The Winding Road sign (W14) should be used where (w1 -5) there is a series of turns or curves which requires driving caution, and where curve or turn sggns would be too numerous to be effective. This sign,,should be erected in advance of the second curve of the winding section of highway. The first curve shall be marked with a curve . or turn sign and Advisory Speed plate(W6). Standard 36" Where the winding road is one mile or more in length, the W14 sign should be supplemented by a NEXT MILES plate (W71). W15 ROAD (w5-1) ROAD NARROWS SIGN A ROAD NARROWS sign(W15) maybe used in advance NARROWS of a location on a two-lane road where the lane width Is reduced but the narrower w(dth� still permits safe operation of two-way traffic. Additional protection may be provided by the use of Standard 36" delineators and object markers. W16 GROOVED PAVEMENT SIGN GROOVED The GROOVED PAVEMENT sign (M6) may be used to PAVEMENT alert motorcyclists and motorists of'a roadway surface which has been grooved longitudinally to improve Its wet weather traction. Use of this sign should be limited to locations where experience indicates it is necessary to Inform motorists of the existence of this type surface. Standard 48" `! Traffic Manual SIGNS 4-27 11-1982 POLICY W55 FLOODED SIGN The FLOODED sign (W55) should be used in advance 700,y V; of locations where the highway is flooded. The signs FLOODED shall be removed or covered when the conditions no longer exist. See the W55A for signing at locations where it is anticipated that the highway may periodically flood. Standard 30" W55A SUBJECT TO FLOODING SIGN SUBJECT The SUBJECT TO FLOODING sign (W55A) may be TO used for signing In advance of locations where it is FLOODING anticipated that the highway may periodically flood. f, This sign may be supplemented by a NEXT MILES plate(W71). Standard 36" W56 DOUBLE HEAD ARROW SIGN The Double Head Arrow sign (W56) may be used on the far side of a"T"intersection in line with, and at right (w1-7) angles to, approaching traffic. Standard 48"x 24" See Figure 6-37, "Typical Object Markers", for addi- tional details. W57 SINGLE HEAD ARROW SIGN (w1-6) The Single Head Arrow sign (W57) may be used t40 give notice of a sharp change of alignment. Standard 48"x 24" See Figure 6-37, "Typical Object Markers", for addi- tional details. U()�� I!S 4-34 SIGNS Traffic Manual 11-1982 • w-rs POLICY (w" ') BICYCLE SYMBOL SIGN C� The Bicycle symbol sign (W79) may be used to warn motorists of an officially designated bike path, trail, lane, or route crossing the roadway. Standard 30" The NEXT MILES plate (W71) or the XING l 4 plate(W80), should be used below the W79 sign. W80 XING PLATE T—W—G-1 The XING plate (W80) should be tosed below the stan- Standard 24"x8" dard warning symbol signs such as Bicycle, Pedestrian Crossing, Cattle, Deer, Etc., at the point of crossing. l W81 CHEVRON ALIGNMENT SIGN The Chevron Alignment sign (W81) may be used to provide additional emphasis or guidance for motorists (wt-8) on curves on streets or highways. The W81 signs may be used to supplement standard signs and delineation that have not proven effective. Standard 30"x 36" Spacing of the W81 signs should be such that the motorist always has a minimum of three in view through- out the curve. 000� ��TaN i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: D-2 Through: Andrew J. Takata, City Manager Meeting Date: 7/12/94 From: Henry Engen, Community Development Direcor *NL SUBJECT: Proposed Development Review Committee ACTION REQUEST: I Following discussion, provide direction to staflf relative to establishing an Ad Hoc Development Review Committed,. BACKGROUND: At the Council ' s September 28, 1993 meeting, the Co ncil discussed the enclosed staff report recommending consideration of an ad hoc development review study group to review the City ' s development review process . At that time, there was a 2 : 2 v te; hence, no action was taken. i Subsequently, both the Construction Board of Appeal and the Plan- ning Commission have discussed the issues attendant o the develop- ment review process and have forwarded the attached communications on this subject. DISCUSSION• Each of the enclosed communications offers a different approach to the issue of evaluating and making recommendations on the develop- ment review process . The original staff report to the Council called for a seven-member committee including a mem er of the City Council together with contractors and Planning Commissioner/ interested citizen members . The Board of Appeals letter of June 15, 1994 notes the constraints on their particular responsibilities but offers their availability for appointment to tuch an ad hoc committee, citing the extensive expertise that their members have in the building permit process . Thereafter, the June 27th communi- cation from Jim Edwards on behalf of the Planning Commission Chair and Commission calls for a broader scope assignment delegated to the Planning Commission, with Mr. Edwards designat d to serve as the ad hoc committee chair. A broader scope assignment is suggested, including evaluating any department that does business directly with the public. i 0001 , ? Assuming that the City Council wishes to revisit this subject and evaluate our existing procedures with a view to making improve- ments, a decision has to be made as to whether: ( 1 ) to appoint a specific ad hoc committee with a specific charge to report back to the Council; or (2 ) to assign such responsibilities as the Council may desire to the Planning Commission. A clear statement of purpose, time line and expected end product, would facilitate the ` work of such a group. FISCAL IMPACT: Ironically, staff effort that would be devoted to such an effort would be taken from working on specific projects previously authorized, including development applications; however, no increase in appropriations would be necessary. HE:ph Encls : Staff Report - 9/28/93 Board of Appeals Letter - 6/15/94 Planning Commission Letter - 6/27/94 cc: Planning Commission Construction Board of Appeals j 0 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT June 15 , 1994 Honorable Mayor and City Council City of Atascadero 6500 Palma Atascadero, CA 93422 Subject: Proposed Development Review Advisory Committee Honorable Mayor and members of the Council : Last September 28, 1993, the City Council considered a recommenda- tion from staff to establish an ad hoc committee to review the building permit and development review processfor possible improvements . It is our understanding that this recommendation was not implemented due to a ,tie vote by the Council at that time. At the June 1, 1994 meeting of the Building and Construction Board of Appeals, members discussed the role of the Board of Appeals which is limited to hearing appeals by builders contesting inter- pretations of the Uniform Building Code and allowing the Board to "determine the suitability of alternate materials :and methods of installation" . In discussion, members of the Board, felt that they could play a useful role in evaluating complaints of the develop- ment review process and asked that I communicate our availability for appointment to such an ad hoc committee. We are aware that the Planning Commission is submitting a similar request and we stand ready to assist the Council in any way Council may ', direct . Sincerely, Michael Sherer, Chairperson Building and Construction Board of Appeals City of Atascadero HE :MS : ph 6500 PALMA AVENUE ATASCADERO, CA 93422 0 001 Building Permits.(805)461-5040 Planning:(805)461-5035 Enforcement:(805)461-5034 Director:(805h:461-5097 City Fax:(805)461-0606 REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No: D-3 . Through: Andy Takata, City Manager Meeting Date: 9/28/93 From: Henry Engen ?�c Community Development Director SUBJECT: Proposed Development Review Study Group. RECOMMENDATION• Following discussion, appoint a cross section of local citizens to an ad hoc development review study group. BACKGROUND: The development review process is a very complicated one which is largely driven by State-mandated code requirements and land use procedural requirements. All of these, in turn, are incorporated • in local plans, ordinances and guidelines. Predictably, both applicants and citizens can find the process confusing and frustrating. Staff is suggesting that a study group be appointed to meet with staff to examine our procedures and "walk through" the development review process. The objective would be to educate the representative group and to solicit suggestions for making the process more effective. SUGGESTED MEMBERSHIP: The ideal group would be one which includes people who are continuing customers in the process, i.e. , those seeking building and other types of permits, together with those who are lay citizens but interested in the end result of the permit process. Towards this end, we would suggest the Council give consideration to nominating the following individuals, together with appointing one Council member: Kelly Gearhart, Contractor; Mike Messer, Contractor; Frank Henderson, Architect/Developer; Chris Bonnema, Planning Commissioner (Contractor) ; Donna Wallace, Planning Commissioner (interested citizen) ; and Marcia Torgerson, interested citizen. With the appointment of a Council member, this would provide for a seven-member group which is large enough to cover diverse views, but small enough to be workable. 9 Staff would anticipate perhaps two or three sessions, to provide background information on the organization of the City and its ' development review process together with Federal, State, and local laws which constrain our procedures. Included would be a walk-through tour of a typical project and an ongoing question/ answer period. We would anticipate that upon completion of this process the group would report back to Council on issues raised and areas where potential improvements could be made. HE:ph >'°��124 Internal Memo Date: 6/27/94 From: Robert Johnson • Planning Commission Chairman 0 W E q To: Henry Engen Community Development Dept. Subj: Citizen's ad hoc committee for the review of the permit and building processes of the City of Atascadero. Dear Henry; On 4/19/94 as the Planning Commission Chairman, 1, Robert Johnson, requested, with the majority consensus of the Commission, that the City Council participate in the sanction of an ad hoc committee for the purpose of review of all aspects of the permit and building processes. To include, but not be limited to, the Departments of Building, Planning, Public Works, Parks and Recreation and any other department that does business directly with the Public. Due to the broad spectrum of review that is requested by the Planning Commission, it is the intent of this letter to serve as a request to the City Council by the Planning Commission for permission and sanction to proceed with the formulation and • selection of members of the Citizen's Ad Hoc Committee. And, it is also requested that the City Council provide some guidance with possible candidates to fill some of the seats of the proposed seven to ten member Citizen's Ad Hoc Committee I i It s the Commission's intent to place one or possibly two of it's members on the Committee, Jim Edwards and Donna Wallace have been recommended, and, that Jim Edwards serve as Ad Hoc Committee chair. It is not the intent of the Planning Commission to circumvent the City Council's plans to address this matter, rather, to serve and assist the Council in it's endeavors to fulfill it's obligations to the community in an expedient manner. Respec y submitted, m wards Planning Commission Vice Chair, for, Robert Johnson, Planning Commission, Chair 0 J UL-YJ(-1 774 100-e14 rKUI•i IVUK I rl WH5I LNUi l M, 1 U H H5 F'UB WKS F'.bd REPORT TO CITY COUNCIL Agenda Ite a D-3. CITY OF ATASCADERO Meeting Date: 7/12/94 Through: Andrew Takata, city WManager - ^_ via: Henry Engen, community Development Direc or'.'. From;==-_John-Neil,-Assistant City EngineerJg S",TFQT; s cooperaltive maintenance between the City and the county of the Curbaril bridge over the Salinas River. RECOMMEND TION- Direct staff to propose entering into an agreement With the county of San Luis Obispo to equally share the maintenance costs associated with the curbaril bridge superstructure with the County being the lead agency for maintenance of the superstructure. DISCU SION: I As part of the Highway 41 realignment project, the a isting bridge on Curbaril Avenue over the Salinas River will become available for conveyance to the City or County if not removed by CZ ltrans. It is intended that, if acquired, traffic on the bridge would be limited to pedestrian, equestrian, bicycle and emergency vdlicle use. If the bridge is accepted, there will be certainy ear y maintenance Costs associated with it. Since the bridge will the residents who reside in the unincorporated primarily benefit County east Of the bridge, it was felt by staff that portion county should also contribute to the yearly maintenance costs. Each agency would be responsible for maintenance a the bridge approaches within their jurisdiction. The attached m mo summarizes the findings of a field review of the bridge and mai tenance costs which may be associated with its acquisition. It wall, assumed that Caltrans would completely refurbish the bridge before City acceptance. FISCAL YMPRCT: The City's portion sof the amortized maintenance rsts for the bridge, assuming the County participates equally, isticipated be approximately $1,350 per year. E 9 ATTACHNtENTS I Attachment A - Memo dated May 10, 1994 Attachment B - Letter dated dune 13, 1994 from County Supervisor David Blakely CURRUGAPT i TOTAL P.02 S 0911y _;s4.A N�M��tANDLIM DATE: May 10, 1994 TO: Andrew Takata, City Manager FROM: John Neil, Assistant City Engineer"103 SUBJECT: curbaril bridge over the Salinas River At your direction, we have reviewed the subject bridge in an attempt to determine yearly maintenance costs which may be incurred by the city should the City accept the bridge along with the Highway 41 relinquishment. The Curbaril bridge over the Salinas River consists of three different spans. in all likelihood, the spans which make up the bridge were probably located at other sites and moved to this location in 1948 (this can be inferred from a data stamped in the curb of the easterly approach) . The westerly approach span was originally built in 1915 and is a riveted "pony" or through truss. It shows no signs of excessive corrosion. There is some collision damage to the bridge railings and the vertical bridge members to which it attaches. The structural members damaged are tension members and the deflection in these members caused by the collision damage should not have a significant effect on the span's safe load carrying capacity. Due to the fact that the bridge does not inoorporate forged eye bars (common in bridges of this era) and is riveted, the concern over fatigue of the steel members is greatly lessened. In addition, the anticipated pedestrian/equestrian loadings would not likely produce stress levels of the magnitude required to cause a failure of the steel members due to fatigue. The center span of the bridge is also a riveted "pony" truss. It shows no signs of excessive corrosion or collision damage. The age of this spam could not be determined. It would be expected that this span would exhibit similar characteristics as the westerly approach in so far as fatigue and safe load carrying capacity. The easterly approach span is of the steel stringer type. There are no signs of excessive corrosion or collision damage. Since this portion of the bridge contains few weldments, concerns over fatigue are lessened. Based on markings found on the bridge, August 1955, it was last painted in JUL-06-1994 16:15 FROM NORTH COAST ENG, INC TO RTAS PUB WKS P.04 The bridge deck is in fair shape with no signs of excessive spalling. It does have some transverse cracks. However, with the anticipated Pedestrian/equestrian loadings, the remaining service life of the deck will be greatly increased and should Pose no significant maintenance problems over the remaining life . Of the structure. The bridge abutments and piers show no signs of spalling, undervcining or scour and should pose no significant maintenance px'oblems over the remaining life of the structure. ', The easterly bridge approach is in poor shape with ,,si.gnifieant alligator cracking and spalling of the asphalt concrete pavement_ This approach will need to be either overlayed or reconstructed within the next few years. The westerly approach has been recently overlayed. Again, with the anticipated loadings, the service life of the approaches will be increased sign' ifi.cantly even in their present condition. The following assumptions were used in approximating the maintenance costs: 1. The bridge would be completely refurbished by sand- blasting and painting before -City acceptance. 2. Bridge traffic would be limited to pedestrian/equestrian uses only. 3. All outstanding maintenance items would bo addressed before City acceptance. It was assumed that the bridge • railings would be replaced with railings auitable for the intended use. 4. The bridge would have a 30 year life span 'before refurbishing or demolition would be required. 5. Refurbishing or demolition costs were assumed to be $60,000 based on current ealtrans estimates., 6- No future seismic retrofit would be mandated by Caltrans, - Based on conversations with individuals at Caltrans Btruatures maintenance division, the life span of newly applied'', paint would be in the 20 to 30 year range for the Atascadero area (this is substantiated by the date of the last painting of thg structure August 1,955) . Since the anticipated useful life of the bridge is 30 years, it is not likely that the city would incur costs for repainting the bridge during this period. There could be some minor maintenance costs incurred for graffiti removal or other repairs associated with vandalism. 'However we have no. accurate means of predicting what these costs may be. i 00013S JUL-06-1994 16:16 FROM NORTH COAST EN6, INC TO ATAS PUB WKS P.05 We have requested that caltrans provide us with all drawings and inspection- reports for the bridge. of particular interest is the effect flooding of the Salinas River has on the bridge abutments and piers and whether flooding events cause any scouring or undermining. Until the inspection records are reviewed, it is difficult to ascertain whether the City will incur maintenance costs due to the above. Possibly the most significant cost associated with acquiring the bridge would be its refurbishing or demolition at the end of its useful life. Assuming a net yield of 2% (interest earned minus inflation) on monies invested over a 30 year period and a $60, 000 demolition or refurbishing cost, the City -Would incur a $2,700 per year "maintenance" cost for the bridge. As additional infozmation becomes available, we will forward it to you. CURDARIL.M01 • • 000I..9 JUL-YJb-ly74 lb- i( r-NUri ivuKth l.UHSI LNU31NC TO RTRS PUB WKS P.06 •�ti BOARD OF SUPERVISORS COUNTY GOVERNMENT CENTER• SAN LUIS 09ISPO. CALIFORNIA 93408• 805-549.5450 • EATASCADERO - June 13, 1994 J DAVID BLAKELY DISTRICT FIVE Honorable Robert Nimmo, Mayor' CITY MANAGES t d City of Atascadero 6500 Palma Avenue Atescadero, CA 93422 ( Dear May Thank you for sending me your tetter regarding a cooperative verdure between the County of San Luis Obispo and the City of Atascadero in an effort to retain the existing bridge crossing the Salinas fiver on Curbarii Avenue. I would lice to•work with th&-City on this effort but feel additional information is necessary. Your letter indicated the maintenance per year costs would be approximately$2,700. Do you envision the County and City splitting this cost? Is there a dollar amount the County could allocate to this project, providing the county with a one-time cost for our share of any of the long term maintenance or refurbishing costs associated with this bridge? I am also interested in better understanding your city's position regarding responsibility.for the bridge itself and approaches to the bridge..As i understand it, half of the bridge is within the city's jurisdiction, with the other half being in the unincorporated area. If that is correct, do you believe an agreemant in which the city would be ultimately responsible for the entire'bridge; including approaches and related costs to those approaches could be reached? I would appreciate a response to these specific inquiries which in turn would enable me to place such an item before the Board of Supervisors, rSi cerely, DAVID BLAKELY Supervisor, District Five cc: LeAfascadero City Council 6500 Palma Avenue Atascadero, CA 93422 Robert E. Hendrix, County Administrative Officer Clint Milne, County Engineer pw:db\r�,nrr�o.tr (14Df� �.ili S i REPORT TO CITY COUNCIL Meeting Date: 7/12/94 > CITY OF ATASCADERO A�enda Item : D-4 Through: Andy Takata, City Manager From: Arther R. Montandon, City Attorney 9 SUBJECT: Agreement to Maintain Open Space with Arthur and Betty Blankenship. RECOMMENDATION: Adopt Resolution No. 70-94 Authorizing the Execution of n Agreement with Arthur & Betty Blankenship to Maintain Open Space. BACKGROUND: In November 1993, the City Council began a process to form Sewer Assessment District No. 7, which is located in the area of Santa Rosa Road and Atascadero Lake. The Council discussed this matter at two meetings and adopted Resolution No. 132-93 approving the assessment on March 8, 1994. At these meetings, Mr. Art Blankenship spoke regarding his and his wife's property at 8300 Santa Rosa Road. This property is undevelop ad low land that is used primarily for grazing. Mr. Blankenship requested an exemption from the sewer assessment district as long as the property remains undevelope An October 31 , 1993 letter from Mr. and Mr. Blankenship is attached which emb dies their request. 6 The City Council directed staff to prepare and bring back for City Council consideration an agreement with the Blankenship's which will accomplish their request. This agreement is the subject of this agenda item. DISCUSSION: The assessment district assesses the Blankenship property This was done to maintain the accounting integrity of the sewer enterprise fund and to comply with applicable law. As such, the agreement requires the City to pay t le assessment and be reimbursed with interest by the property owner if either of the following events occur: Report to Council Meeting Date: 7/12/94 Page 2 Agenda Item #D-4 1 . The passage of fifteen years, or 2. The sale of the property, or 3. The issuance of a building permit for a new structure. In exchange, the Blankenships have agreed to maintain and use the property in its current state. Attachments: October 31, 1993 Correspondence: Art & Betty Blankenship Resolution No. 70-94 Agreement to Maintain Open Space Use Oct 31 , 1993 c 7c, : Atascadero City Plannin_ & DcvelopmenL Dept . c/o Henry Engen SI)Lsject : Santa Rosa Rd . sewer system variance : ;,o whom it may concern ; This letter will docurnent our request to be exempt o all assessments to be levied against our 5 acre parcel of pasture ?and on 8300 Santa Rosa Rc . Iti:: well documented that rrle great majority of -this parcel is often flooded during our winter seasons , which wou16 make it very costly , if ''ever o4rmitted to deveiope this 10v land area: ,or a future. housing 6evelopment . We rave livee here for sevent. en year , after puilding our nome up or, the kno11 , so w<' .ve seen dltlt of water .pass by . We wisy, to i.eep the present cattle operation J cont nuin;; for as long as we car IrtcIiaQE so , and we; . we therefore ,: d ave no plans in the future to evQIL . i .. . propose a legal rote kc- attached to our deed on this parcel ( GGessment. , plus ntrrest , z.nich would mandata� full paymcn a- - up to f if teen yeal:s �}in, � 1. c C:4: lUiidoh'l:el $;,GU 1C� til] Sri to develope this par(, :'1�is sum could hG para to tht- City or Sewer district . In summary , we , (m} +:ifE: s1, to express our'', sincere lJpr eciatit,n for the 900 ane judgement. shown Gin working ..it1, ane handlin-; these most G) r lcUlt, serer district s Pror,lems . Siricerel y , rib 1.1-vt & Betty BiarikenS1n , � c::0o santa Rosa R6 • 13q !� Ai•2scoder v , i i : l f G 4�a� ( 805) 4Fi6-:'i63 . COtJlh4Uid1�vn�tl�i OpMEh' 0001 ;`� RESOLUTION NO. 70-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARTHUR & BETTY BLANKENSHIP TO MAINTAIN OPEN SPACE USE The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with Arthur & Betty Blankenship to maintain Open Space use. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12th of July, 1994. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 19001,.1,E Contract No. 94020 AGREEMENT TO MAINTAIN OPEN SPACE USE This agreement is entered into this _ day of July, 1 '99+4 by and between Arthur and Betty Blankenship (hereinafter, "Owners"), owners of real property located at 8300 Santa Rosa Road, San Luis Obispo County, Atascadero, California (hereinafter, "property") and the City of Atascadero, a Municipal Corporation, organized under and existing by virtue of the general laws of the:State of California (hereinafter, "City"). WHEREAS, the City has installed public sewer facilities within Santa Rosa Road in front of the property; and WHEREAS, the property has been legally assessed for the ihstallation of these sewer facilities; and WHEREAS, the property has been and is currently used as open space pasture- land by the Owners; and WHEREAS, the Owners do not currently intend to use the property for purposes other than its' current use in the future; and WHEREAS, the property is subject to flooding and as such is unlikely to, due to costs, develop in the near future; and WHEREAS, the City desires that the property be maintained'';in its' current open space use in the near future. The Owners and City hereby agree to the following terms and conditions: 1 . The recitals above are true and correct. 2. The City agrees to pay the assessments due on the 'property for Sewer Assessment District No. 7, subject to the terms of this agreement. 3. The owners agree to maintain and use the property in its' current state and use, which is open space pasture-land and drainage. 4. Owners may develop this property at any time but must first repay the City for the assessments paid by the City pursuantto this agreement. When such repayments are received by the City, the agreement so far as it requires City payment or maintenance by Owners of open space is terminated. 1 5. Owners must immediately repay the City upon the occurrence of any of the following events: A. The passage of fifteen (15) years from the date of this agreement. B. The sale of this property, prior to the recordation of the deed. C. The development of the property prior to the issuance of a building permit for construction of a new dwelling, or other permitted new structure not necessary to a use existing on the date of this agreement. 6. Repayment to the City shall be the amount paid by the City plus five percent (5%) simple interest from the date of each payment. 7. This agreement, and covenants contained herein, shall burden the property and the land; and shall run with the land and be binding upon; and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Owners, and any future owners of, or any portion of, the property. 8. This agreement may only be modified by the mutual written consent of both parties or the respective successors in interest. 9. Time is of the essence in this agreement. CITY OF ATASCADERO ATTEST: By: R. DAVID BEWLEY, Mayor PROPERTY OWNERS LEE PRICE, City Clerk APPROVED AS TO FORM: By: ARTHUR BLANKENSHIP By: ARTHER R. MONTANDON, BETTY BLANKENSHIP City Attorney 2 f1001"iar OW of Atascadero General Plan Final EIR i I V. ALTERNATIVES TO THE PROPOSED PROJECT i The California Environmental Quality Act requires the consideration olf a range of reasonable i alternatives to the proposed plan. This section discusses such alternatives. i Altemative A. No Project. Buildout under the 1980 General Plan. If the updated General Plan is not adopted in some form, the existing Geeneral Plan will continue to be in effect and will continue to be used as the guide for public' investment and private development in the City. That General Plan estimates a build-out population of about 33,000 (although changes in household size suggest the actual population may be somewhat higher on the order of 36,000). This is slightly higher than the population estimated under the Draft LUE'',(about 31,500). Impacts associated with population size, such as traffic, air quality, and service demands would likely be slightly higher under the existing plan than under the proposed Draft LUE. The existing commercial categories and designations would be retained.''The present commercial land planning has helped promote the"strip commercial"character of EI Camino Real. This effect would probably continue if the existing plan is continued to be used. The goals of the Draft LUE f to consolidate commercial uses into nodes that more effectively serve neighborhoods and to encourage a more functional mix of businesses in the major retailing districts would not be realized. The new policies designed to better protect the community's natural environment would not be adopted. This could hinder the effective regulation of new development to respect the environmental values of the town. In sum,.the Draft LUE is intended to correct many of the deficiencies of the existing General Plan. It reduces overall buildout population, better plans for commercial districts, and explicitly calls out policies and implementation measures to better preserve environmental values. On all counts, the Draft LUE is environmentally superior to the existing plan. A/temative B. Bulldout under the proposed General Plan with extensions of the Urban Service Line to the north and south. Under this alternative,the land use designations would be amended con$istent with the Draft LUE except that the Urban Services Line would be extended to include two additional areas: the area l bounded by the 101 freeway, the Salinas River and San Anselmo Avenue in the northeast quadrant of the City, and the area bounded by Halcon Road, Santa Barbara Road and the 101 freeway in the southeast quadrant of the City. Under this alternative, the; areas would become 1 eligible for higher residential densities because they could be connected to the sewer system. It Crawford Mukarl&Starr planning•architecture•public policy 124 � ➢ � �f(rf. ���.. City of Atascadero General Plan Flna/ E/R is assumed that policies related to environmental protection would remain in the plan and that the strategies to improve the commercial districts would also be Included. This represents a buildout potential for about 650 additional dwelling units (at one d.u./acre) above the projected number under the Draft LUE. Under this alternative, buildout population would be about 33,000 or about the same as the existing General Plan. Potential impacts associated with population size would be greater, accordingly, including traffic, air quality and service demands. It is unlikely that the new densities, although greater than currently planned, would effectively promote public transit, ride sharing or other strategies to reduce automobile use. Much more urban-like densities are necessary to realize those effects. Thus, the alternative would increase impacts related to a larger population without gaining the environmental benefits often associated with higher densities and more compact urban form. Significant capital outlays would be necessary to provide sewerage to these areas. The new developments to be served would likely be charged for this infrastructure through hook-up fees or assessment districts, so impacts on the community at large may not be significant. The open character of these areas would be affected as higher densities would be eligible for development. Clustering policies could help mitigate some of this impact. Although the expected impacts would be greater than under the proposed Draft LUE, the magnitude of these incremental impacts is not great (about a five percent larger population). Nonetheless, from strictly an environmental impact stand point, the Draft LUE is superior, although the difference may not be significant. Alternative C: Buildout under the proposed plan but with greater emphasis on a balance between jobs and housing. As noted in the discussions under population and housing,Atascadero has an imbalance between jobs and housing; that is, there are many more residents than jobs. This contributes to a lifestyle of commuting from the "bedroom community" to the work place (usually San Luis Obispo but increasingly Paso Robles). This pattern of commuting tends to increase regional traffic problems and regional air pollution. It also may adversely affect the financial capability of the town because a disproportionate share of local dollars are spent outside the City. The Draft LUE acknowledges this situation and includes policies and programs to help address it. An alternative would be to try to further balance jobs with housing. Under this altemative, the potential for more jobs in the City would be emphasized. It is not clear whether this is genuinely an alternative to the existing plan, or a possible modification (mitigation measure) recommended to it. This is discussed further below. One possible approach to increasing employment in Atascadero for its residents would be to designate more land for commercial and industrial purposes. However, it is doubtful that this Crawford Multari &Starr planning •architecture •public policy 125