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Home My WebLink AboutAgenda Packet 02/28/1995 " P JOLIC REVIEW COPY • d2 not»acre Ocor�►nter AGENDA ATASCADERO CITY COUNCIL REGULAR,MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, February 28, 1995 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Gov eminent 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 identit&d in the brief general description of each item, the action that maybe taken shall includi: A referral to staff with specific requests for information; continuance; specific dirg ction to staff concerning the policy ormission of the item;discontinuance of consideratio authorization to enter into negotiations and execute, agreements pertaining to the item; 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 208j and in the Information Office (Room 103), available for public inspection during Cit Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need speclaf assistance to participate in a City meeting or other services offered by this City,please c ntact the City Manager's Office ((805)461-5010)or the City Clerk's Office((805) 461- 74)• Notifica- tion at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE' CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS: o Proclamation: "Arbor Day", March 7, 1995 o Special Presentation to City Council by Atascadero utual Water Co. O Special Presentation to Jim Rodger for 8 years s rvice on Citizens Transportation Advisory Council COMMUNITY FORUM: Please see "Rules of Public Participation`'(Back Page) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are consideredto be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES - January 24, 1998 Staff recommendation: Approve 2. NORTH COUNTY SUMMIT MINUTES- January 31, 1995 Staff recommendation; Approve 3. FINANCE DIRECTOR'S REPORT -December, 1994' Staff recommendation: Review and accept _ 4. CITY TREASURER'S REPORT -January, 1995 Staff recommendation: Review and accept 5. RESOLUTION NO. 17-95 - Demanding that the Orange County Board of Supervisors accept responsibility for the Orange County Investment Pool bankruptcy and that it return 100% of the deposited funds to the City of.Atascadero and all other pool investors Staff recommendation Adopt 6. RESOLUTION NO. 12-95 - Communicating concerns regarding the Public Utilities Commission's deregulation of electricity Recycling Committee recommendation Adopt 7. RESOLUTION NO. 06-95 - Authorizing the City Manager to sign a quitclaim deed releasing claims against excess right-of-way (Hoff--W.-Mall/EI Camino Real signal) Staff recommendation Adopt 8. RESOLUTION'NO. 16-95 - Authorizing the execution of an agreement with Kuentzel, Henderson and Associates for architectural design services for the Atascadero Youth Recreation Center Renovation Project Staff recommendation: Adopt B. PUBLIC HEARINGS: 1. 3-F MEADOWS RANCH DEVELOPMENT A. Final Environmental Impact Report-Consider certifying that the EIR is adequate and in full`compliance with CEQA Planning Commission recommendation: Certify 2 I B. Ordinance No. 286-Amending the Zoning Ordinance text and map to establish a Planned Development Overlay Zone No. 11 for this 802 acre project Staff recommendation: (1)motion to waive reading in full a d read by title only, and (2) motion to introduce on first reading by title only C. Resolution No. 14-95 - Summarily vacating a portion of a road pursuant to Streets & 'Highways Code; Part 3, Public Streets, Highways and Service Easements Vacation Law; Chap. 4, Summary Vacation; 8 30'(being portions of San Marcos, Cholare, Escabrosa, San Felipe, San Cay tang and Madrone Roads) Staff recommendation: Adopt D. Lot Line Adjustment 94-005 - Changing 114 residential lots and 1 water tank lot to 111 residential Lots, 3 open space lots and 1 water tank lot Staff recommendation: Approve C. REGULAR BUSINESS: 1. RESOLUTION NO. 19-95 Authorizing a 3-year franchise agreement extension with Wil-Mar Disposal, Inc., for solid waste collection Staff Recommendation Adopt 2. RESOLUTION NO. 18-95-Appointing an ex-officio youth membe and alternate to the Parks & Recreation Commission Council subcommittee recommendation: Adopt D. COMMITTEE REPORTS (The following represent ad hoc or st9nding committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Highway 41 Realignment Community Advisory CommittE e 7. Air Pollution Control District 8. Upper Salinas River Coordinated Resource Management and Planning Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager F. ADJOURNMENT: The City Council will adjourn to 7:00 p.m. on Thursday, March 2, 1995, 4th Floor Rotunda Room, for the purpose of Mid Year Budget Review. 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: o Members of the audience may speak on any item on the agenda, in the order: the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. 0 All remarks shall be addressed to Council, as;a:whole, and not to any individual member thereof. o No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. o A person may speak for five (5) minutes'. o No one may speak for second time until everyone wishing to speak has had Y 9 p an opportunity to do so, and no one may speak more than twice on any item. o Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. o The floor will then be ,closed to public participation and open for Council discussion. COMMUNITY FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. o State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. i 1 PROCLAMATION ARBOR DA Y March 7, 1995 WHEREAS, the Council of the City of Atascadero is proud cif the City's street, park and home garden trees, and recognizes the importance'! of tree care and preservation, and the contribution of such to a cleaner and healthier environment; and 1 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of tre's; and WHEREAS, this holiday, called "Arbor Day", was first Observed with the planting of more than a million trees in the State of Nebraska; and WHEREAS, Arbor Day is now observed throughout the Upited States and in three other nations; and WHEREAS, trees can reduce the erosion of our topsoil by Wind and water, cut heating and cooling costs,_moderate the temperature, absorb noise, clean our air and waterways, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Atascadero has been recognized -as Tree City USA for the past seven years by the National Arbor Day Foundation, has received special growth awards for environmental improvement and management of our tgees, and desires to continue its tree-planting ways, NOW, THEREFORE, I, David Bewley, Mayor of the City of Atascadero, do hereby proclaim March 7, 1995 as ARBOR DAY and urge al/residents to recognize the importance trees have in bil ightening our fives and protecting our environment, and l urge all citizens to plant triees to promote the well-being of this and future generations. R. DAVID BEWLEY,' Mayor City of Atascadero,'CA Dated: i i i i i Agenda Item: A-1 Meeting Date: 02/28/95 ATASCADERO CITY COUNCIL JANUARY 24, 1995 MINUTES The Mayor called the meeting to order at 7:00 p.m. and led the Plodge of Allegiance. a ROLL CALL: Present: Councilmembers Carden,- Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Fngen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director and Bud McH61e, Police Chief { COUNCIL COMMENTS: 'i Councilman Johnson indicated that he was sorry to see the Carlton Hotel project put on hold and suggested that it may be time to look at redej' elopment for the downtown. Councilman Luna announced that Supervisor David Blakely would be hosting a meeting for those impacted by recent flooding on Thursday, January 26th at 7:00 p.m. in the City Council Chambers. COMMUNITY FORUM: Jack Heninger, 8100 Balboa Road, asked the Council to deoignate $160,000 Community Development Block Grant (CDBG) monies approved for the Carlton Hotel project be transferred to other worthwhile community projects like the Youth Center, i CC 01/24/95 Page 1 j Charles Paddock Zoo and Loaves & Fishes. Richard Beck, 2300 Ramona Road, read a prepared statement requesting that the Council re-consider his application for a General Plan amendment (see Exhibit A). Eric Greening, 7365 Valle, announced that there would be a meeting relative to Salinas River issues on February 2, 1995 at 7:00 p.m. at the Paso Robles School District Office and encouraged attendance. Sheree Ricketts, 4475 Sycamore, read a prepared statement requesting that CDBG funds approved for the Carlton Hotel project be re-allocated to the Youth Center (see Exhibit B). Weyman Smith, 8310 Azucena, voiced concerned regarding drainage in the Azucena/Amapoa area. John Berfumo, 8720 Atascadero Avenue, expressed appreciation to City staff for quick action regarding recent flooding -in his area a and-asked that the City Council remedy a long-time drainage problem. Herman Gonzales, 7400 Atascadero Avenue, also requested a solution to drainage problems in his neighborhood. Bill Wilson, 2780 Alturas Road, encouraged the Council and public to act positively in support of the Youth Center and stressed the need to ensure that the facility is safe for youngsters. Ray Jansen, 6655 Country Club Drive, urged ethical guidance from lay people and faith leaders and provided a public service announcement in support of the publication Planetary Connection. Bob Johnson, 9469 Jornada Lane, reported that the Highway 41 Realignment Project has been delayed for two years and is on the verge of being dropped. He stated that it-was incumbent upon the Council to urge the Council of Governments (COG) to put pressure on the State Department of Transportation to make sure that the project gets done. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - December 13, 1994 2. CITY COUNCIL MINUTES - December 29, 1994 CC 01/24/95 Page 2 3. CITY TREASURER'S REPORT - December 1994 • 4. RESOLUTION NO. 04-05 - Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance with the Transportation Development Act MOTION: By Councilman Highland, seconded by Councilman Luna to approve the Consent Calendar Items #A-1 through 4; motion approved 5:0 by roll call vote. B. ORDINANCE NO. 283 -Amending Title 7 of the City Municipal Code (Sanitation Ordinance) relative to sewer connection time limits (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided the staff report and recommendations. Brief Council questions followed. There was no public testimony. MOTION: By Councilman Highland, seconded by Councilman Luna to waive the reading in full and ready Ordinance No. 283 by title only; motion approved unanimously. MOTION: By Councilman Highland, seconded by Councilman Luna to introduce Ordinance No. 283 on first ready by title only; motion passed 5.0 by roll call vote. C. REGULAR BUSINESS: 1. SOLID WASTE MANAGEMENT A. Solid Waste Management Issues - Status Report Henry Engen provided a status report and outlined options A, B and C as described in the staff report. He proposed that a two-member Council, subcommittee be appointed to review alternatives and report back to the City Council with recommendations. Council questions and comments followed. There were no comments from the public. There was mutual agreement to appoint two members of the City Council to a sub- committee and bring back recommendations. Mayor Bewley asked that individual members of the Council let him know who is interested in serving. CC 01/24/95 Page 3 B. Discussion on Cost Savings Associated with Landfill Change Brad Whitty provided t h recommendation. Councilman Luna asked o staff report and how many customers are served by Wil-Mar Disposal. Tom Walters, President of Wil- Mar Disposal, reported that there are approximately 6,000 Atascadero customers. Councilman Luna noted that there would then appear to be an estimated savings of $2,500 per month. Public Comments: David K. Smith, CPA representing Wil-Mar Disposal, provided an account of how costs were calculated. 1.B. Jenkins, representing the Chicago Grade Landfill, encouraged the City Council to join the Countywide Joint Powers Agreement (JPA)-for solid waste management and pointed out that there are opportunities for cities to not participate in any one of the programs. He stated that if the City chooses not t6 join, it will have to submit a plan separate from the waste management authority._ In addition, Mr. Jenkins suggested that the Council defer its decision to extend the franchise agreement with Wil-Mar until after the lawsuit is resolved. Eric Greening, 7365 Valle, encouraged the Council to listen to Mr. Jenkins. He proposed that if the Chicago Grade Landfill is driven out of business, there will be no cost savings adding that predatory costs will result. Tom Walters, President of Wil-Mar Disposal, Inc., read a prepared statement clarifying the position of Wil-Mar (see Exhibit Q. ---End of Public Testimony--- Council comments followed. There was mutual concern regarding the possibility of the Paso Robles Landfill becoming a sole source with uncertain rate schedules and agreement that if there has been a cost savings associated with taking the City's trash to Paso Robles, then it should go back to the customers in the form of a refund or rebate. Mayor Bewley suggested that, for the meantime, savings be held in trust until litigation is settled and proposed that an agreement be sought afterwards about how it can be refunded. Councilman Carden argued that it would not be prudent to delay a potential refund and recommended that the Council direct staff to negotiate with Wil-Mar a rebate formula. He added that if Wil-Mar continues to take the trash to Paso Robles, the Council should attempt to secure lower rates for the customers. CC 01/24/95 Page 4 is Councilman Highland pointed out that any decision regarding where the trash goes is Stied directly to which authority or JPA the City ultimately decides to join. Councilman Luna commented that if the Council is not comfortable with the figures as presented, then it can request an audit. He mentioned that legally the City cannot direct Wil-Mar to take trash to a specific dump site but offered that it would have been helpful if Wil-Mar had sought the Council's input before making the decision. Councilman Carden asked the Finance Director if the City had ever prepared an audit of Wil-Mar. Brad Whitty responded that although a financial review has been completed, no audit has yet been done. Brief discussion ensued regarding distribution of tipping fees. Art Mlontandon advised that if the City Council wishes to exact a 53.00/ton tipping fee, he would recommend a JPA. Councilman Johnson reiterated that decisions will be difficult to make until the pending lawsuit is resolved. Councilman Luna emphasized that while it may not be wise to act hastily because of the litigation, there is an element of urgency regarding deciding whether or not to join the Countywide JPA: He added that the City would undergo no harm if it is possible to drop out at a later date. By consensus, the City Council directed staff to negotiate a rebate formula with Wil- Mar Disposal, Inc. Mayor Bewley called a break at 9:02 p.m. At 9:22 p.m., the meeting resumed. C. Wil-Mar Disposal - Consideration of 3-year Contract'',Extension Request (cont'd from 1/10/95) Brad Whitty provided the staff report and staff recommendation. He clarified that the present agreement will expire in 1997 and an extension as requested would add three years to the contract. Public Comments: Michele Velasco, representing Wil-Mar Disposal, Inc., provided''a summary of the programs and services offered by the company. She indicated that Wil-Mar desires to continue working with the City to reach the State mandates imposed by AB 939. Greg Grisanti, 5275 Cabrillo, stated that Wil-Mar Disposal is a private entity and is a monopoly by choice of the community. He said that the City should be able to stipulate where the trash is hauled and suggested that it should be taken to Chicago Grade Landfill. In closing, he encouraged the Council to work things out and save the landfill. CC 01/24/95 Page 5 a Judy Jacobsen, Operations Manager for NCI Affiliates, reported that Wil-Mar Disposal is an exemplary business and stated that her company is proud to do business with is them. Eric Greening, 7365 Valle Avenue, declared that Wil-Mar Disposal went behind the backs of the Council and the citizens and acted like any other private company. He urged the Council to put the matter out to bid and evaluate Wil-Mar along with its competitors. Sid Bowen, 5550 Cascabel Road, contended that landfills are resources that should not be neglected or depleted. He stated that there are deeper questions to answer, like how cities will treat waste in the future, and proposed that the City consider adopting a Waste Element of the General Plan. Mr. Bowen suggested that the City Council to look at privatization and study both landfills to determine if they meet required health and safety standards. Rush Kolemaine, Potero Road resident, urged the City Council to protect user rates, study the options available if Chicago Grade Landfill is closed and look at long-range facilities and expectations. ---End of Public Testimony--- Individual Council comments followed. Councilman Luna remarked that as a customer he is pleased with the service and programs offered by Wil-Mar. He suggested, however, that Wil-Mar has put the rate payor at risk by taking the City's trash to Paso and proposed that it may be time to go out for competitive bidding. He added that. any decision to extend the contract is premature in light of the pending lawsuit. There was general agreement. By consensus, the City Council continued the matter of contract extension until pending litigation is settled or other information is available. 2. LOAVES & FISHES - Request for use of City-owned property Brady Cherry summarized the request from Loaves & Fishes to construct on City property a permanent building using Community Development Block Grant (CDBG) funding. He noted that Loaves & Fishes were hoping for conceptual approval before filing their application for CDBG funds. Council comments followed. Councilman Johnson indicated that he was in favor of exploring ways in which the City can assist Loaves & Fishes. Councilman Highland remarked that he agreed but noted that the problem is that the only two pieces of City property available are not CC 01/24/95 Page 6 1 appropriate or feasible for the use. Councilman Luna asked sed staff for further clarification regarding the grant application and whether the City would be required to match funds. Brady Cherry reported that the City would still own the land and that no match monies would be required. Loaves & Fishes, he added, are looking to the community for support and donated resources. He noted that the City Council has the ultimate authority to award CDBG monies. Responding to the Mayor's inquiry, Mr. Cherry also mentioned that there may be additional funding opportunities through the County as well. Councilman Carden asked staff if any existing commercial buildings in town have been reviewed through the local real estate community. Brady Cherry explained that a member of the relocation task force is a realtor and has prepared an inventory. The priority of the task force, he stated, is to see first if there is City- property available before pursuing other options. Public Comments: Frank Fertschneider, President of Loaves & Fishes, requested the Council to would to favor of this idea, at least-in principle. He explained that prices of existing buildings are prohibitive because they include the cost of land. He reported that Loaves & Fishes is looking to the County for assistance as well and noted that if a City site is available, Loaves & Fishes would request consideration of a longterm lease. • ---End of Public Testimony--- There was consensus to support the idea, in principle. Staff was directed to come back with a feasibility report on the two City-owned sites suggested and any other site alternatives. 3. RESOLUTION NO. 03-95 - Appointing one member to the City's Planning Commission The City Clerk provided brief background and asked for nominations. MOTION: By Councilman Highland, seconded by Councilman Carden to appoint Sidney Bowen to the open position on'the City's Planning Commission. MOTION: By Councilman Luna, seconded by Mayor Bewley to appoint Allan Clark. CC 01/24/95 . Page 7 Vote on first motion: Motion to appoint Sidney Bowen passed 4:1 (Luna opposed). Vote on second motion: Motion to appoint Allan Clark failed 1 :4 (Carden, Highland, Johnson, Bewley opposed). MOTION: By Councilman Highland, seconded by Councilman Carden to adopt Resolution No. 03-95 appointing Sidney Bowen to the City's Planning Commission; motion passed 5:0 by roll call vote. 4. ORDINANCE NO. 282 - Amending Parks & Recreation Commissioner terms (Recommend motion to adopt on second reading by title only) There were no questions or comments from the Council or public. MOTION: By Councilman Highland, seconded by Councilman Luna to adopt Ordinance No. 282 on second reading; motion-passed 5:0 by roll call vote. 5. MID-YEAR FINANCIAL REVIEW - Set Special Meeting date: February 23, 1995, 7:00 p.m. By mutual consent, the City Council agreed to meet in a special meeting to review the City's budget at mid-year on Thursday, February 23, 1995 at 7:00 p.m. in the City • Council Chambers. 6. NORTH COUNTY SUMMIT - Set meeting date: January 31 , 1995 at 7:00 p.m. Staff noted that it was the City of Atascadero's turn to host the next meeting of the North County Summit (Cities of Atascadero, El Paso de Robles,Templeton Community Services and County Board of Supervisors from District #1 and #5). The City Council agreed to set the date for the next meeting of the North County Summit for Tuesday, January 31, 1995 at 7 p.m. in the City Council Chambers. 7. APPOINTMENTS TO SELECTION SUBCOMMITTEE - Parks & Recreation Commission Youth Representative (Verbal - Mayor Bewley) Mayor Bewley announced that he was appointing himself, Councilman Johnson, Commissioner Joanne Peters and Commission Chairman Beatie to a Council subcommittee to review applications and interview candidates. The City Clerk noted that she would coordinate an interview date and schedule. CC 01/24/95 Page 8 • D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows): 1. San Luis Obispo Council of Governments (COG)/San Luis Obispo Regional Transit Authority (SLORTA) - Councilman Carden reported on the meeting of January 11 , 1995 emphasizing the impact to Atascadero of COG's decision to recommend delay of the Highway 41 realignment project. 2. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilman Highland reported that the Water Advisory Board met first the first Wednesday of the month and established their agenda for the coming year. He said that items will include a total review of the County's !Water Master Plan. He also reported that he had attended the last meeting of the Upper Salinas River Coordinated Resource Management Planning Committee and noted that he would like to see this group included in the,.North County Council. 3. Economic Round Table - Councilman Johnson-reported that the round table is putting together a review of the structure and membership of this body. In addition, he noted that the round table is looking at a small'',business incubator but explained that-it does not meet current zoning requirements. Discussion, he stated, ensued and the round table collectively supports a good zoning mix in the downtown to stimulate the economy. 4. Highway 41 Realignment Community Advisory Committee - Henry Engen reported that the next meeting will be Thursday, February 23, 1995. 5. Air Pollution Control District (APCD) - Councilman Carden reported that the APCD will meet Wednesday, February 8 in the Board of Supervisors Chambers in San Luis Obispo. He added that there will be two ''study sessions on February 24 and March 10; said meetings are open to the public he announced. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Mayor Bewley extended congratulations to Sid Bowen. Councilman Johnson asked what re-course General Plan Amendment applicant Richard Beck has regarding his application. He stated that the applicant was not notified that his item would be on the City Council agenda and an opportunity',for him to share an informational packet with the Council was not afforded. Henry Engen reviewed the CC 01/24/95 Page 9 i procedure whereby an item can re-considered. The City Attorney noted that the time frame had passed and suggested that the applicant re-apply during the April cycle. Councilman Johnson asked staff to work with the applicant on the next attempt. 2. City Manager Andy Takata mentioned that several employees, including Chief McHale, have served the City for 15 years and will be recognized soon. He also commented that Brady Cherry is working on a "Youth in Government Day" and stated that more information will follow. The City Manager indicated that the Atascadero Mutual Water Company will be coming before the City Council soon with a special presentation. The Water Company has an old linen map (dated 1913) they would like to frame and donate to the City for display on the wall over the E.G. Lewis Desk at the Lake Park Pavilion. He also provided a status report regarding flooded areas and the Orange County Investment Pool situation. In closing, the City Manager highlighted those matters on the next City Council agenda. F. ADJOURNMENT: The City Council adjourned the meeting at 10:25 p.m. to Tuesday, January 31, 1995 at 7.00 p.m. for purposes of meeting with the North County Summit. Said meeting is open to the public and will be located in the City Council Chambers. MINUTES RECORD AND PREPARED BY: LEE PRICE, City Clerk Attachments: Exhibit A (Beck) Exhibit B (Ricketts) Exhibit C (Wil-Mar Disposal, Inc.) CC 01/24/95 Page 10 1/24/95 Mr. Mayor & Members of the City Council : My name is Richard Beck and I live at 2300 Ramona Road, Atascadero. . I am one of the applicants requesting the zone change for the property located on Ramona Road. At this time I would like to comment, and hopefully clarify, some Points that came up at the council meeting on December 13, 1994. Due to the many trying circumstances that occurred during that timeframe, this is the first opportunity that I have had to appear before the council . #1 : The policy of the Planning Department of non-notification of agenda items: It is my opinion, and that of the other property owners on Ramona Road, that we should have been notified by mail sometime in the previous week, by the city' s staff, that our request for rezoning would be on the council 's agenda and discussed by staff and council members. When citizens are denied notification, the council hears only from one side. If this is the policy of - the Planning Department, we feel it is unacceptable, and must be changed as soon as possible to allow concerned citizens, or their designated representative(s) , time to prepare and present their, views on said subject(s) . #2 : The informational booklets that we prepared for the councils' preview before the meeting of the 13th, were somehow left on a desk in the Planning Department 's office. There was alot of time, effort, and money spent by the Ramona Road property owners in gathering the needed information for this report. We: realize there are no guarantees that the council would concur with this request simply because they have read it, but if they : had had the opportunity to review our report, we, as petitioners, would have known that the council had at least understood more of the reasons as to why we are requesting a zone change. Possibly, we could have supplied needed verbal input and/or answered questions from the council if we had received notification. We feel that this inaction displayed by the Planning Department is inexcusable. Since Mr. Engen is the department head, it was his responsibility. During the council meeting of December 13th, Mr. Engen stated that the most feasible use of Commercial Tourist Zoning would require an Urban Service Line; possibly the best zoning for us then, would be Commercial Services zoning. In his comparing this property and that of the Factory Outlet stores, located across the 101 freeway from our property, which has 7 1/2 acres as compared with our 22 acres, Mr. Engen omitted some important facts. Such as: The two churches on Ramona Road occupy approximately 11 of ,the 22 acres referred to, and that the corner property at Del Rio and Ramona -1- Road is on approximately 1 3/4 acres, which is zoned Commercial Tourist, according to city maps. There is also a street dividing these properties, and the properties are owned by seven ( 7 ) different individuals. If a developer purchased all of this property for one • large project, I am certain the city_ could require an Environmental Impact Report - at that time, To make the statement that any property that might be zoned commercial must have an E. I .R. study completed is preposterous. As noted in the December 13, 1994 council meeting minutes, Mr. Engen mentioned that Cal Trans had already indicated that a bridge widening will be required if there are any changes to the west side of the freeway on the north end of town. This requirement seemed unrealistic to me so I personally counted the number of vehicles at Curbaril, San Anselmo, and the Del Rio Road on and off ramps and their overpasses in December 1994. I determined that Curbaril Avenue overpass has more traffic than Del Rio, and that the San Anselmo overpass has 2 1/2 times more traffic. Then, I wondered if maybe the traffic was backing up on the ramps and impeding traffic on the freeway. I observed the southbound offramp at Del Rio Road on Friday,. December 16 , 1994 from 4- 5 p.m. The largest number of vehicles waiting at the signal for a green light was only four (4) cars. This was at 4:15 p.m... The northbound offramp at Del Rio Road between 5-6 p.m. never had more than two ( 2) cars waiting - as the cars exiting towards the Factory Outlet stores could turn right on the red signal light. Since neither of the ramps were impacted at all by Christmas shoppers and/or other commuters , I phoned Cal Trans engineer Von Newlander and explained the requested zone change and Mr. Engen' s statement regarding bridge widening. I told the engineer from Cal Trans that I wanted to know Cal Trans ' criteria for widening bridges. He said he wanted to clarify some policies of Cal Trans regarding this matter. He said Cal Trans does not demand or require things to be completed for zone changes, but that their ' s is an advisory capacity. They (Cal Trans ) will make suggestions and give advice on what should be done. Case in point, the San Anselmo overpass when the K-Mart shopping center was built in Atascadero. Cal Trans advised the widening of the San Anselmo overpass bridge at that time, but the council decided it was too costly for the city, and the widening project was not completed. Mr. Newlander also mentioned the signal lights on Del Rio Road that were installed in lieu of widening the overpass , and that they seemed to be working very effectively. Gentlemen: When one drives by the properties on Ramona Road from either the north or the southbound lanes of the 101 freeway, it is easy to see how truly visible they are. I have viewed all the frontage roads from the 101 freeway both north and southbound in Atascadero and there are none as easily accessible and/or visible as the properties on -2- Ramona Road. This could possibly be the best freeway cowefcial proptrty the city could have. Due to the circumstances that transpired on December 13th, we, the property owners of Ramona Road, are asking the council to reconsider their decision and have staff include it `on the agenda for the next council meeting for council action and return our application to the Planning Commission for further study - with one exception - We are asking that the proposed zoning request be changed from the original Commercial Tourist to Commercial Services. This would allow much more latitude for the development of businesses that do not need an Urban Service Line.', As Mr. Engen pointed out, Commercial Tourist is primarily for service stations, motels, and restaurants. i Sheree Ricketts 4475 Sycamore rd. Alas. Ca. 93422 466-4619 City Council Members In light of the announcement in last weeks Atascadero News that the Carlton Hotel project has been officially halted, I believe it would be extremely beneficial to the city of Atascadero to ha ve the $160,00.oo portion of the Block Grant, from last year, reallocated to the Atascadero Youth Center (Masonic bldg.). There is A "Kids Unlimited "day camp At the Atascadero.:Youth Center on a fairly regular basis for kids Kindergarten through sixth grade, but.... in a conversation with Brady Cherry(director of community services) last week he expressed extreme concern that the "seismic dangers " and possible liabilities of Youth Center Bldgcould hold up any regular teen programs or activities for several years to come. All of our kids are important to us,which is why the Masonic Building ' was donated to the city in the first place. Although the Youth Center did receive a small portion of the Bock Grant last year, for which the community is very thankful,it is just a drop in the bucket to what is needed. There are private and non-profit fund raising efforts on-going but the $500,000.oo price tag that has been put on the upgrade and seismic retro fit is a tall order for any one to fill unassisted. i A B . S RECYCLING & DISPOSAL SERVICES P.O. Box 6008 - Atascadero, CA 93423 (805) 466-3636 FAX (805) 466-3740 January 24, 1995 City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Attention: Andrew J. Takata City Manager Ref: Disposal Sites Dear Mr. Takata: The purpose of this letter is to attempt to clarify the position of Wil-Mar Disposal Company with respect to the issue of dump sites. The Company, as with any business, must maintain its operating costs at the lowest levels in order to provide service to its customers at a reasonable fee and still make a profit to stay in business. We are aware that significant rate increases in recent years has stressed many customers'budgets and we are sensitive to their complaints. The reasons for the increases are numerous and the Council through its rate setting process is very aware of them. Legislation in recent years at all levels to reduce the environmental impact of wastes has resulted in higher costs and has also mandated that the whole concept of waste disposal be redefined. We are bombarded with new requirements almost daily. Responding to all these concerns has been a major factor in the'operation of the Company for some time now. The Company, with the assistance of the City, has invested in new equipment which significantly reduces the time necessary to handle waste pickup on the routes. We have also heavily automated our office procedures. Both of these were in part made possible by the Council's decision to institute mandatory pickup. The saving has translated into Atascadero customers being provided with curbside recycling pickup and curbside greenwaste pickup at little additional cost. As part of this on-going process of refining our operations, the Company reviewed its payment of dump fees. This is one of our truly major costs, accounting for 18.6% of the Company's total operating expenses for the year ended 1/31/94. This, coupled with vehicle maintenance problems associated with dust levels, access road problems and various liability concerns,convinced Wil-Mar to consider other alternatives. The outcome was that the Company changed its waste disposal site to the Paso Robles Landfill. The economic wisdom of that move is evident in the report submitted to Mr. Whitty. However, as is often the case, there are other issues involved. Many members of the community have questioned whether the social issues are more important than mere dollars and cents. One clear example is the possibility of the closure of the local disposal site as a result of the loss of income due to Wil-Mar's ATASCADERO - TEMPLETON - SANTA MARGARITA ®Printed on Recycled Paper. change in sites. We wish to make it very clear that it is not, and has never been, our desire to see the local dump fail. We feel that the Johnsons are hard working people who deserve to earn a profit. Unfortunately, we also feel that the Company is not justified in deliberately incurring costs greater than are necessary. The Council has the responsibility of making the decision as to whether the social benefit of the City's waste service provider using the local waste facility outweighs the cost savings of the alternate site. If the Council feels that this is the case, we will be happy to accommodate them. However, certain minimum changes must be agreed upon by the Johnsons. The first is that an improved system of dust control must be put into place. The second is that a winter dumping apron must be installed to make bad weather dumping safer for the drivers. Third is that a certified weighing scale must be installed to properly determine dumping fees. Finally, they and Chicago Grade Landfill, Inc., must agree to withdraw all pending and contemplated litigation involving Wil-Mar Disposal Company, Inc., and all related parties. Vital energy and resources of Wil-Mar Disposal and the community as a whole are being wasted over this matter. We feel that these could be better spent on other issues. We would appreciate the guidance from the Council in this matter. Respectfully, Tom Walters, President i i { Agenda Item: A-2 Meeting Date: 02/28/95 NORTH COUNTY SUMMIT CITIES OF EL PASO de ROBLES & ATASCADIERO TEMPLETON COMMUNITY SERVICES DISTRICT NORTH COUNTY SUPERVISORS TUESDAY, JANUARY 31, 1995 MINUTES Atascadero Mayor Bewley called the meeting to order at 7:95 p.m. Paso Robles Mayor Macklin led the Pledge.of Allegiance. ROLL CALL: San Luis Obispo Cou= Board of SuRervisors: Present: Supervisor Ovitt (District #1) Absent: Supervisor Blakely (District #5) Templeton Community Sees District: Present: Directors Engels and Gannon, Vice-President Thompson Absent: Director Bergman and President Beete City of El Paso de Robles: Present: Councllmembers Picanso, Martin, Ivlersen, Mayor ProTem Haggerty and Mayor Macklin Absent: None City of Atascadero: Present: Councilmembers Carden, Johnson, ',Luna, Mayor ProTem Highland and Mayor Bewley Absent: None North County Summit 01/31/95 Page 1 COMMUNITY FORUM: Eric Greening, Atascadero resident, announced that there would be an informational meeting regarding Upper Salinas River watershed on Thursday, February 2, 1995 at 6:00 p.m. in the Paso Robles School District Office located at 800 Niblick Road in Paso Robles. State Water Resources Control Board representatives will be present, he reported. Michael Kovacs, resident of unincorporated North County, encouraged continuation of the North County Summit, requested more representation for residents in the unincorporated areas of the North County and recommended the adoption of an action plan for 1995. He suggested that the Board of Supervisors consider acquiring an electronic bulletin board to illustrate how they are voting on issues and complained about recent action to increase supervisor salaries. George Schroff of Atascadero proposed that the Carlton Hotel (in downtown Atascadero) be used as a detention home for low risk, low custody juveniles. Date Gamer, Paso Robles Waste Disposal Company,addressed recent County imposed restrictions on the amount of waste may be dumped at the Paso Robles landfill. Supervisor Ovitt clarified that the cease and desist order had been issued by the County Health Department acting on behalf of the State. He noted that communications are on-going and resolution is expected soon. 1 STEERING COMMITTEE ECO MND TIO A. Join resolution establishing the North County Council and approving organizational by-laws Councilmembers Highland and Martin proposed amendments to the draft resolution and by-laws. MOTION: By Councilmember Martin, seconded by Councilmember Heggarty to adopt, by resolution, the recommendations of the Steering Committee, as amended. Public testimony and discussion ensued. (see vote, page 3). Public Comments: Rush Kolemaine, Atascadero resident, suggesteda minor change to the draft resolution. North County Summit 01/31/95 Paget Doug Lewis, Atascadero resident, asked if establishing the North County Council requires LAFCO approval. Supervisor Ovitt responded that no LAFCO approval is necessary because a district is not being formed. He clarified that the North County Council will be an advisory group for the area it represents. Mr. Lewis asked if the Council would be a lobbying organization. Mayor Bewley indicated that it would be advisory in nature. Pat Mackie, Paso Robles resident, commented that he supports the formation of the North County Council and recommended some minor revisions to the language of the draft resolution and by-laws. Joe Kelly, Rancho El Sancion, asked what criteria is being used for selection and appointment of supervisor delegates. Rush Kolemaine suggested that the highest ridge line of the Santa Lucia Mountains serve as boundary for the area proposed for representation. Michael Kovacs proposed that goals be clearly defined and representation be equal. ---End of Public Testimony--- Vote on the motion: Motion to adopt the joint resolution, as iamended, passed • unanimously. B. Appointments to the North County Council Mayor Macklin announced that Councilmembers Martin and Heggarty would serve as representatives for the City of EI Paso de Robles. He added that he would serve as an alternate. Mayor Bewley announced that Councilmembers Luna and Highland will represent the City of Atascadero. Director Engels reported that the Board of Directors of the Templeton Community Services District will make their appointments at the regular board meeting on Tuesday, February 7, 1995. Supervisor Ovitt recommended that representatives from the following advisory groups be included in the North County Council: Shandon Advisory Group, San Miguel Advisory Group, North County Advisory Council and Templeton Advisory Group. He also recommended representation from the Nacimiento Regional Water North County Summit 01/31/95 Page 3 Management Advisory Committee (NRWMAC), either the Creston Farm Bureau or the Adelaide Farm Bureau and the Heritage Ranch Community Services District. Super- visor Ovitt indicated that specific names for each organization would be forwarded to at an appropriate time. Supervisor Ovitt appointed Dick Montague, incoming Chairman of the San Luis Obispo County Cattlemen's Association as his voting delegate. He noted that Supervisor Blakely was out of town and has not yet made public his appointment. 2. GENERAL DISCUSSION FOR PURPOSES OF GUIDANCE A. North County Water Issues B. Economic Cooperation C. Salinas Area Plan Brief individual comments followed. Councilmember Johnson suggested a cooperative outreach effort to bring in business and proposed that the North County Council explore ways in which the North County can collectively address regional economic concerns. Supervisor Ovitt reported that the County has been diligent in creating countywide economic strategies. One of these strategies, he said, has been the development of an Economic Vitality Corporation with North County representation. He stated that the corporation is outside of government and has objectives and goals that include retention, recruitment and employment in the County. He noted that a complete target analysis has been put together as a tool for the Economic Vitality Corporation for establishing strategies and recommended that the North County Council invite the corporation to make a presentation to that body. Mayor Macklin proposed that the Cities of Atascadero and Paso Robles may desire to meet directly and discuss ways in which to share certain programs. Councilmember Picanso suggested that there may be opportunities for the pooling of financial resources together for mutual purchase of materials or equipment. Councilmember Picanso commented that he hopes that the North County Council will discuss the Salinas River Dam as well as Nacimiento water and effects of re-charging water basins. He also mentioned that there may be future concerns regarding monitoring of wells and said he would like to see significant water issues seriously addressed. Councilmember Martin concurred. Councilmember Martin pointed out that the North County has a unique set of geographic problems different from those of other areas in the County and suggested that the North County Council correlate emergency preparedness for all the North County Summit 01/31/95 Page 4 communities in the North County. Councilmember Highland reported that the Upper Salinas River Coordinated Resource Management & Planning Committee (CRMP) has completed a first draft of a plan relative to the Salinas River area. He remarked that he would like this group to be included in North County Council discussions regarding water. Public Comments: Doug Lewis of Atascadero suggested that the Atascadero Mutual Water Company be included in the North County Council Chuck Pritchard, Las Tablas Resource Conservation District and the Upper Salinas River CRMP, provided more information regarding the meeting concerning water on February 2nd (see Eric Greening's comments, page 2). In addition, he explained that CRMP's purpose is a grass roots effort to make solid recommendations to State and Federal regulatory agencies. Eric Greening expressed strong support for a unified voice on water issues for the North County. Rush Kolemaine urged the North County Council to promote a cooperative effort for expanded visitor and tourist industry. Sid Bowen, Atascadero resident, stated that no single organization will manage better than a countywide one. Ken Weathers, General Manager for the Atascadero Mutual Water Company, reported that controversial issues, like Nacimiento water and the groundwater basin are currently being studied. He emphasized the importance of working together for common solutions to issues of mutual interest. Debbie Sullivan, North County Advisory Committee, encouraged citizen input any time a change in basic water use is being contemplated. Michael Kovacs complained that there had not been a staff report on economic development included in the agenda packet and demanded that this matter deserves attention. Councilmember Martin responded by explaining that the North County Council is just getting organized and has not yet developed a detailed plan. Priorities will be addressed within the parameters of available resources, he said, and added that without water---nothing will happen. Councilmember Martin ,asserted that the North County Summit 01/31/95 Page 5 first item of business for the North County Council should be the formation of a policy statement for the North County on water. Dawn Smugg, resident of the unincorporated County, asked who would bear the costs associated with the North County Council. Councilmember Highland reported that the two cities and the Templeton Community Services District will continue rotating responsibility for organizing the meetings, preparing agendas and minutes, etc. A break was called a 9:00 p.m. The meeting reconvened at 9:20 p.m. Public testimony continued. Nick Ferravanti, Citizens Rights Coalition, declared that there has not been a fair hearing at the County Planning Commission level on the Salinas River Area Plan and proclaimed that the plan will violate the economic future for the North County. Debbie Sullivan asserted that the Salinas River Area Plan gets worse every year and urged citizens to provide input and to lobby their representing supervisor. Chuck Pritchard stated that every agency on the state and federal level is looking at water and land resources. Soon, he speculated, these resources will dictate the means by which people do business. ---End of Public Testimony--- Closing comments followed. Councilmember Picanso indicated that he desires to see consideration of a countywide recreational master plan update. Councilmember Martin recommended that the executive committee (voting members) of the North County Council meet as soon as possible and establish water issues as the number one priority. Councilmember Johnson asked if there was a time issue relative to the Salinas River Area Plan. Supervisor Ovitt explained that the draft document will be coming before the County Planning Commission shortly and emphasized that this is where reaction is needed. MOTION: By Councilmember Martin, seconded by Mayor Bewley to adjourn to a meeting within the next thirty days of the executive committee of the North County Council to be hosted by the City of EI Paso de Robles; motion passed unanimously. North County Summit 01/31/95 Page 6 Note: The Paso Robles City Council, on a motion duly made and seconded, adjourned to Thursday, February 2, 1995 at 6.00 p.m. MEET/NG ADJOURNED AT 9:40 P.M. MINUTES RECORLNDEPARED BY: E LEE ORICE, City Clerk North County Summit 01/31/95 Page 7 { A REPORT TO CITY COUNCIL Meeting Date: 2/28/94 CITY OF ATASCADERO Agenda. Item: A-3 Through: Andy Takata Cit Manager g , y n ger From: Bradford Whitty, Finance DirectorA�W SUBJECT: Finance Director ' s report for the month of December 1994 . RECOMMENDATION: City Council receive this report , Teview and accept . BACKGROUND: - This is the first presentation of the monthly Finance Director ' s report . The purpose of this ;report is to communicate a. financial "picture" as well as facilitate constructive questions and answers on a monthly basis . These reports are another tool to construct where thea City has been and hopefully provide direction for the City' s fiscal year . The report is not intended to be all conclusive '',and you should expect changes in the format . For example , the next report will add the City' s outstanding accounts receivables and the age of those receivables . Any suggestions are''; welcomed. DISCUSSION: The reports for December represent 50% of thpi fiscal year . The first report compares budget to actual with calculated percentages . keep in mind that some funds 1have seasonal fluctuations in their revenues and expenditures thus their calculated percentages may not coincide with'', the calendar percentage . The second report corrects for the short coming of the first by comparing actual amounts between two fiscal years . Another report to be added shortly will show the fund ' s revenues and expenditures side-by-side with a jnet effect on the fund balances . This unaudited report willhelp forecast - what the ending fund balance will be for a given fiscal year . This is important to forecast how the audited financial statements may appear at June 30th because it', is the final record to the public , investors , and lending institutions . The end result will be a better informed City government and public which can facilitate changes towards a financially secure future . i { 000001 he, -:i c.v of Ata.sradearo FINANCIAL REPORT (llnaudi ted ) Six Months Ended December 31. , 1994 50% of the Year (:BUDGET PERCENT .1.994-95 YTD ACTUALS UNREALIZED ACTUAL/BUDGET _ ___________ ______________ REVENUES : General. Fund 6, 909.690 2.936,017 3,973,673 42. 49 Gas Tax 439,000 230.368 208. 632 52 . 48% Zona Operations 270 150 103 5`�6 166. 554 38.3S% Dial-A--Ride 474.' 71,3 122.659 352, 054 25.84% Wastewater 1 , 1 132,91.2 481 , 767 651 651 , 145 42 . 52% Lake Pavil.i.on 41 , 580 16. 423 25 . 1.57 39. 50 AQ'Liati.cs 39,31.6 10.024 29 ,292 25. 50% Recreation 449,838 .1.80,658 269, .180 40. 16% Tree Planting Trust 4, 1.00 5,920 (1 ,820) .144.38% Sidewalk TrUSt 2,500 4;'604 (2, .104) 184 . 16% Emergency Services .10,000 4 ,207 - 5 , 79:2, 42 ,07% Police Trai ni..na 20,000 :5,606 14, 394 28.03 Weed Abatement 40.000 1:5 , 650 24 , 350 39 . 13 A.D. #3 - Marchant 6,900 903 5 , 91,317 1.3. 09% A.D. #4 - Cayucos/Sesparado 92,000 45 ,82,7� 46 , 177 49 . 81.% A.D, #5 Chandler 200 1.72 28 86 . 00% A.D. #6 - Camino Real 0 51. 1,86 (S : .1.86) 999. 00% 1. A .D . #7 Las Encinas/3--F 0 44 ,604 (44 , 8:,03) 999. 00% COP Debt Service 195 , SOO 56,458 .139 , 04? 28 .B G�F9 n Capital Projects 1. , 572, .208 1.01 ,213 1 , 470,995 6. 44%46 Pol.i.ce Impact Fees 25.000 7,f393 17 , 107 31. . 57 Fire Impact Fees 40,000 21 ,395 18 ,605 Parks Impact Fees 75.000 44 , 141. 30 , 8.59 SFc.85 Drainage Impact Fee=; 68,000 21 .087 46 :913 31 . 01 % Amapoa--Teco r i da Fees 40,000 1_1 ',611 28 " 31189 29 .03% Public Works 115 ,000 36,027 78. 97,.1 31 . 3 St. Maint . Districts 5 . 100 668 4, 432 TDA/Non-Transit 45 ,000 2 , '269 42, 73.1 5 , 04=,:; Sewer Faci 1.i.ty Capital 524 , 100 210 , 756 3131 , 344 40 . 21.° Camino Real Construction 90.845 109 ,293 (1.8 , 448) 120 , ",1 5� 1 Las Encinas Construction 2 ,000 85, 380 (R'7"380) 4269, 00% 1 3--F Meadojvs Construnt,i:on 0 41 , 473 t 41 , 4717 ) 999 .00% 1. Santa Rosa A .D , 0 ell 0 �1. � t,40 ,�,1 9 ) 999 ,00% 1.. i"ot,al. City Revenues 12 . 7710,652 5, 004 , .1.69 7 , 726 483 ._ ;9._,„'l. The Notes are an int.egr.�1 ,r.:)art of this statement: . 000002 The City of A tasca.de r o FINANCIAL... RFPCr„i (Unar.i, i t.ed S:ix Mont.hs Ended Decenil7er "I , 1.99,4 • 50% of the Year BUDGET PERCENT 1994-95 YTD ACTUAl._S UNRE:AI...I ED ACTUAL./BUDGET -- EXPENDITURES . General. Fund 6 .908,891 3,3401,902 3 ,.567 ,989 48 .36% Gas Tax 512 ,655 231 , 542 28,',1. , 1.1.3 45. 1.7` Zoo Operations 270,529 1.22 ,435 .148,094 45.26% Dial-A--Ride 472, 304 ..151 ,066 321 , 238 31 .98 Wastewater 1 , .1.1.2 ,605 442 , 553 670 , 052 39 ,78% Lake Pavilion 45, a85 26, .1.66 1.9, 71.9 57 .03% AQuatics 3..3 ,266 27 ,090 6 , 1.76 81 . 43% Recreation 449,521. 226, 55.1. 223 , 270 50. 36% Tree Planting Trust:. 3.1. ,E_300 60 3.1. , 740 0-19% Sidewalk Trust 0 0 0 0. 00°; Emergency Services 12,000 - -.0 12 ,000 0 . 00% Police Training 20, 000 16, 822 3, 1.75 Weed Abatement 40,000 O 40, 000 0. 010 A.D . #3 - Marchant 8, 304 0 8, 304 0 . 00°s A.D . #4 - Cayucos/Sesparado 99 .47.5 72 ,264 27 , 2.11, 72 . 65% A_D . #5 - Chandler 42 , 276 42-, 276 0 1.00. 0091, A.D . #6 - Camino Real 0 86 n 165 (86, 165) 999 .. 00% 1 A .D, #7 - Las Enci.nas/3-F 0 59 , 1.16 (59; 110 999. 00% 1, COP Debt Service 198, 500 191 ,726 6 , 774 96 . 59% c:a . i tal Projects 1. , 552, 208 254,825 .1. , 297 , .° 3 16. 42r; Pce Impact Fees 55 ,000 0 55,000 0.00% F11W Impact Fees 1.65 , 000 0 1.65,000 0.00% Parks Impact Fees 30,000 0 30 ,000 0. 00% Drainage Impact Fees 135, 400 0 .135 , 400 0.0096 Amapoa-Tecorida Fees 12 , 500 976 1:1 , 524 7.8.1.% Public Works 1..17 , 73:2 .1 ,r?82 115, 6 50 I .60 St_ Maint. Districts ..50,000 0 .301 ,000 0. 00° TDA/Non-Transit 180, 368 18 , 722 161 , �`.=>46 .10 . 38% Sewer Facility Capital 1 , 400, 500 203 , S49 1. , 19f ,951. 14 . 53% Camino Real Construction 455 ,000 1.02, 559 352, 441 :22 . 54,:; Las Encinas Construction 1.35,000 68, 413 66, 587 50 .68% 3--F Meadows Construction 70 ,000 2 , 422 67, 578 3 . 46';_; Santa Rosa A .D . 0 0 0 0. 00% Total. City Expenditures 14 ,< 597 , 019 5 , 6,90 ,082 8„906 ,937 38 ,98% TOTAL. NET REVENUE/ (EXPEND . ) (1 , 866 , 367} (61;5 ,91.,3) ( 1. , 1.80 , 454) 36 . 75% The Notes are an integral. part of this statement ,. 000003 The C i..t.y of A tascade ro r" INANC.IAL. REPORT (Unaudited) Six Months Ended December 31 , 1994 50% of the Year December 93 December 94 YTD ACTUAL YTD ACTUAL. $ CHANGE REVENUES: General Fund 2 ,907 ,060 25936 , 0.17 28,957 Gas Tax 2317055 230 ,368 (687) Zoo Operations 905690 103 ,596 12006 Dial--A-Ride 11.5,278 122,659 7 ,Sal, Wastewater 888 ,574 4S I , 767 (406,807) 2 Lake Pavilion 14,903 161423 1 ,S20 Aquatics 12, .1.01 10, 024 (2,077) Recreation 17S, 347 - -i 180 , 658 S, 311 Tree Planting Trust .3,008 5,920 27912 Sidewalk Trust 1 , 745 4,004 2 ,859 Emergency Services 550 41207 3,657 Police Training 1 , 718 5, 606 3 , 888 Weed Abatement 24,024 1.5,650 (8,374) A. D . #3 -- Marchant 1. , 295 903 (392) A.D . #4 - Cayucos/Serpa ratio 41 ,938 45 ,823 3, 885 A .D . #5 - Chandler 13, 328 1.72 (13 , 156) A.D . #6 - Camino Real 168,000 5, 186 ( 1.62 ,8.14) A.D. #7 - Las Encinas/3-F 37420 44,603 41. , 1.83 COP Debt Service 97 ,730 56 , 458 (41 ,272) Capital Projects 69, 705 1.01 ,2.1.3 31 , 508 Police Impact Fees 9,247 7 ,393 ( 1 ; 354) Fire Impact. Fees 26, 439 217395 (5 , 044) Parks Impact Fees 39, 227 44 , 1.41 4, 914 Drainage Impact Fees 34, 728 21. ,087 (13764.1 ) Amapoa-Tecori.da Fees 15, 748 11 ,611 (4 , 137) Public Works 54, 244 36, 027 (18 , 217) St. Mai.nt. Districts .370722 668 (37 ,054) TDA/Non-Transit 121 ,054 2 , 269 (11.8, 785) Sewer Facility Capital, 0 21.0,756 210, 756 2 Camino Real. Construction 1 , 790,441. 1.09 , 293 (1 , 681 , 148) "' Las Encinas Construction 61.6 , 447 55 ,.380 (531. ,067) 4 3--F Meadows Construction 373, 595 41. 5473 (.332 , 122) 4. Santa Rosa A. D. 0 40 , 31.9 40 , 31.9 Total City Revenues 7 ,980 ,361 5,004, 169 (2 ;, 976 , 1.92) The Notes are an integral part of this statement . 000004 The City. of Atascader(:) FINANCIAL. REPORT 'Unaudi.ted) Si..x Months Ended December 31 , 1.994 5096 of the Year December 93 December 94. YTD ACTUAL YTD ACTUAL $ CHANGE EXPENDITURES: General Fund 3,078 ,902 3,340,902 262,000 5 Cas Tax 159 , 552 231 ,542 71 ,990 Zoo Operations .122,257 1.22 ,435 178 Dial--A-Ride 170 , 281 151 ,066 (19,215) Wastewater 71.9, 758 442,553 (277 ,205) 2 l..ake Pavilion 27 ,858 26;, 1.66, (1 ,692) Aquatics :.2.7 ,939 27,090 (849) Recreation 206 ,628 226 , 551. 19,923 Tree Planting Trust 2 ,230 60 (2, 170) Sidewalk Trust 0 0 0 Emergency Services 0 0 0 Police Training 6, 748 1.6,822 1.0,074 Weed Abatement 22 , 630-": _ 0 (22 ,630) A . D. #3 - Marchant 0 0 0 A.D. #4. - Cayucos/Sesparado 79, 176 72 ;264 (6,91.2) A .D. #5 - Chandler 36, 945 42 ;:276 5., S31 A .D. #6 - Camino Real. 36 ,880 86 165 49 , 285 3 A..D. #7 - Las Encinas/3--F 121 , 41.1 59; 116 (62,295) 4 COP Debt. Service 96„054 191-726 95.672 0e, tal Projects 98,714 254 ;825 1.56, 111. ce Impact, Fees 27 , 500 0 (27 ,500) Impact Fees 0 0 0 Parks Impact Fees 1.5,000 0 (.1.5,000) Drainage Impact Fees 664 0 (664) Amapoa-Tecorida Fees 0 976 976 Public Works .1.9 , 598 1 ,882 (1.7 , 716) St.. Maint . Districts 0 0 0 TDA/Non-Transit. 50 , 958 1.8,722 (32, 236) Sewer Facility Capital 0 203 549 203, 549 2 Camino Real Construction 537 , 799 102 ,'559 (435 240) 3 Las Encinas Construction 71. , 087 68,413 (2 ,674) 4 3-F Meadows Construction 49 , 700 2 ,',422 (47 ,278) 4 Santa Rosa A . D . 0 0 0 Total. City Expenditures 5 , 786, 269 5, 690,082 (96, 1.87) TOTAL. NET CHANGE AMOONT 2 ,< 194 ,092 (685 , 91.3 ) (2 , 880 ,005) The Notes are an integral part of this statement . • 000005 The City of Atascadero Notes to the Financial Report Six Months Ended December 31 , 1994 50% of the Year (Unaudited) NOTES• 1 . Revenues - The Camino Real and Las Encinas/3-F Meadows Assessment Districts were not budgeted to receive any revenues for this fiscal year . The amounts shown are from the receipt of State SLTPP monies and/or investment earnings on bond reserves . Expenditures - Budget amounts. ,were not established in this fiscal year . Th-e amounts will be established and set at the Mid-Year Budget Review. 2 . A portion of Wastewater revenues are now being recognized in the Sewer Facilities Capital Fund, a fund established in the previous fiscal year . 3 . The proceeds from the sale of bonds were received in the . previous fiscal year . Thus the revenues and expenditures are substantially different as compared to the present fiscal year . 4 . The proceeds from the sale of bonds were received in the previous fiscal year . Also received are the State SLTPP monies in this fiscal year . 5 . Salaries & Benefits are up by $145 , 000 as compared to same time last year . The balance of $117 ,000 is mostly from the increase in the City' s liablility insurance . • 000006 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Iteml A-4 Through: Micki Rorba, City TreasureO Meeting Dato: 2/28/95 From: Brad Whitty, Finance Director SUBJECT: Treasurer's Report - January, 1995 RECOMONDATION: Council review and accept. Attachment: Treasurer' s Report, January, 1995 t 1 i r ,I i i CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF JANUARY (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. TREASURER'S $428,003 6,231,690 580,929 7,240,623 BALANCE RECEIPTS 2,269,049 2,279 -0- 2,271,328 DISBURSEMENTS < 853,262> <1,355,282> <77,560><2,286, 104> TRANSFERS IN -0- 1,400,000 -Q- 1,400,000 TRANSFERS OUT <1,400,000> -0- -0- <1,400,000> OTHER -0- 0_' -4- -0- BALANCE $443,790 $6,278,687 $503,369 $7,225,847 DEPOSITS IN 10,995 TRANSIT CHECKS OUTSTANDING <213,708> ADJUSTMENTS <10> ADJUSTED TREASURER'S BALANCE 7,023, 124 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 0000,08 ALL FUNDS - GENERAL ACCOUNTZINVESTMENTS RESERVED UNRESERVED CASH ( 1) CASH '' (2) FUNDS eneral Fund Pooled Cash $ $1,007,796 s Tax Fund Pooled Cash 710906 evelopment Fee Pooled Cash 4,510 Donations Pooled Cash 7, 896 A.D. #4 - Reserve Pooled Cash 50,497 Zoo Enterprise Pooled Cash < 17,471> Payroll Trust Pooled Cash < 44,189> 92 St.A.D. Reserve 45 TRAM Repayment Pooled Cash 1, 164 93 STBG-688 Pool Cash 2,727 93 EDBG-268 Pool Cash 331 Dial-A-Ride Pooled Cash <45,307> Wastewater Fund Pooled Cash 1,892,207 Lake Park Pavil. Pooled Cash < 10,378> Aquatics Pooled Cash < 20591> Recreation Pooled Cash < -71,582> Tree Plant Fund Pooled Cash 37,321 Tree Assn Fund Pooled Cash 11407 Sidewalk Trust Pooled Cash 50,477 Emergency Services Pooled Cash = 13,309 Police Training Pooled Cash - _ < 5,697> Weed Abatement Pooled Cash 30x877 A.D. #3Redemptn. Pooled Cash 4, 103 A.D. #4 Redemptn. Pooled Cash 44,562 A.D. #5 Redemptn. Pooled Cash 2,683 Camino Real Redm Pooled Cash < 63> 09 Street A.D. Redemptn Pooled Cash 57,052 COP Debt Svc Pooled Cash < 11,291> Capital Project Pooled Cash < 79178> 189 COP Const. Pooled Cash -0- Pol. Dev. Fees Pooled Cash 7,893 Fire Dev. Fees Pooled Cash 68,043 P&R Dev. Fees Pooled Cash 44, 140 Drain. Dev. Fees Pooled Cash 396,746 Amapoa-Tec. Fee Pooled Cash 237,711 Public Works Pooled Cash 41,570 St. Main. Dist. Pooled Cash 48;043 TDA Non-Transit Pooled Cash 1180311 Sewer Facilities Capital 1,947,275 Camino Real Const. Pooled Cash 3231184 Las Encinas Const. Pooled Cash 152,124 3F Meadows Const. Pooled Cash 110,820 Santa Rosa A.D. #7 Pooled Cash 48,799 TOTAL ALL FUNDS 197,506 $6,322,249 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 207,377 92 St. A.D. Resv Cash 45,864 Wastewater Fund Cash 47,269 Camino Real Redm. Cash 340 2 St. A.D. Redm. Cash 44 COP Debt Svc. Cash 202,475 TOTAL WITH FISCAL AGENT $ 503,369 TOTAL RESTRICTED AND UNRESTRICTED CASH $7,023,124 004C)009 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 1/31/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4) Orange County Investment Pool/TRAM $ 54,354(6) $ 29,354 Orange County Investment Pool 3,673,005(6) 115,021 Local Agency Investment Fund 2,551,328(3) 2,442 TOTAL TIME DEPOSITS $6,278,687 146,980 Mid-State Interest Received 4,782 TOTAL INTEREST RECEIVED $151,762(5) Notes: ( 1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,300,000. Tax Revenue Anticipation Note (IRAN) from this fund including $59,634 interest at 4.60% per annum by July, 1995. (4) January, 1995 interest yields were as follows: Orange County Not available . LAIF 5.53% Mid-State 2.21% (5) This is actual amount deposited to City accounts through January 31, 1995 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City had $5,082,641 in the Orange County Investment Pool (OCIP) as of that date. The City withdrew $1,355,282 from the OCIP on January 26, 1995. No interest has been posted to the City' s OCIP account since September, 1994. i 00,0010 IMEETINC� AGENDA jDATE 2128/95 ITEM# A_-5.�... RESOLUTION NO. 17-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AITASCADERO DEMANDING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS ACCEPT RESPONSIBILITY FOR THE ORANGE COUNTY INVESTMENT POOL BANKRUPTCY AND THAT IT RETURN 100% OF THE DEPOSITED FUNDS TO THE CITY OF ATASCADERO AND ALL OTHER POOL INVESTORS WHEREAS, The County of Orange is authorized by Government Code Section 53684 to receive investment funds from local agencies; and WHEREAS, Said investments are deemed to be held in trust by the County of Orange pursuant to Government Code Section 27100.1; and WHEREAS, The City of Atascadero is among the 194 puh3lic agencies which elected to open an account with the Orange County-investment Fool (OCIP) and did so in 1991 ; and = WHEREAS, Most of the pool participants are public agencies including schools, cities, community colleges and service agencies with dependent responsibility for the security of their investments to-their individual constituencies; and WHEREAS, The Orange County Treasurer/Tax Collector represented to the City that it adhered to all provisions of State law regulating the activities of county treasurers, as well as the specific provisions of Orange County's own investment policy; and WHEREAS, The Orange County Treasurer/Tax Collector made assurances to the City of Yorba Linda concerning the safety and liquidity of the City's deposits in the OCIP; and WHEREAS, The County Treasurer did not invest the fundsprudently, suitably or effectively, resulting in an estimated 22% loss in the OCIP, attributable to over- leveraging the portfolio and the use of high-risk investment instruments; and WHEREAS, The Orange County Board of Supervisors is required by law to exercise oversight of the activities of the Orange County Treasurer',/Tax Collector; and WHEREAS, The Orange County Board of Supervisors, in failing to exercise such oversight, failed in its fiduciary duties and was forced to file Chapter 9 Bankruptcy on behalf of the County of Orange and the Orange County Investment Pool on December 6, 1994; and WHEREAS, The Orange County Board of Supervisors has subsequently failed to acknowledge its responsibility to insure the full return of the funds deposited in the pool by other agencies; and 00(301 , Resolution No. 17-95 Page 2 of 3 WHEREAS, By accepting its responsibility to participants and paying them promptly and in full, the County will minimize the chaos caused by its investment practices, reducing costs by centralizing the management of the crisis, providing for the most efficient refinancing of debt, reallocation of resources and collection of damages from brokerages and other third parties, instead of disrupting the operations of 187 participant public agencies, all providing vital public services; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: The Orange County Board of Supervisors should accept its fiduciary responsibility to the participants in the Orange County Investment Pool and acknowledge its failure to exercise appropriate`fiscal oversight of the activities of the Orange County Treasurer:/Tax Collector by immediately returning or immediately seeking court authorization to return to the City of Atascadero its proportionate share of the funds in the now fully-liquid investment pool, acknowledge its duty to do so, and therefore not require any waiver of further claims and/or showing of immediate hardship; and To the extent the funds remaining in the pool may be insufficient to make investors whole, that the Orange County Board of Supervisors should guarantee full repayment of any balance due, and any interest due on said . balance, on a timely basis, pursuing governmental efficiencies, local service reductions, revenue increases and third party claims as the Board of Supervisors considers to be appropriate; and The City Council of the City of Atascadero emphatically rejects the "share the pain" theory being promoted by the Orange County Board of Supervisors; and The City Council of the City of Atascadero demands that the Orange County Board of Supervisors immediately return 100% of the funds the City of Atascadero had invested in the Orange County Investment Pool and adopt a workout plan in which the Orange County Board of Supervisors assumes the entire responsibility for this crisis and which makes every victim of this crisis whole; and If the Orange County Board of Supervisors continues to fail to accept its responsibility and continues to fail to demonstrate the leadership necessary to protect the investing agencies, the City Council of the City of Atascadero will take all legal measures necessary to secure the return of all of Atascadero's investments. 0000112 Resolution No. 17-95 Page 3 of 3 ON MOTION BY Councilmember , seconded by Councilmember _ the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO: • R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 1000013 ill REPORT TO CITY COUNCIL Meeting Date: 2/28/95 CITY OF ATASCADERO Agenda, Item: A-6 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director 44 1 From: Kelly Heffernon, Administrative Analyst SUBJECT: Resolution expressing concerns relative to the adverse affects of recent California Public Utilities Commission's actions on recycling businesses RECOMMENDATION: Approve Resolution No. 12-95 and forward the signed document to the California Public Utilities Commission, California Integrated Waste Management Board and the State Legislature BACKGROUND: As you may be aware, the California Public Utilities Commission (CPUC) is proposing to de-regulate the production and sale of electricity in the state. The impacts of this proposal are already being felt with the closure of at least five biomass energy plants in California (there are currently 60 biomass plants in the state). Ower the past several months, utilities have been buying out these plants in order to decrease their future operating costs and to be more competitive in a deregulated environment. The Atascadero Recycling Committee has requested that your Council consider this item and approve the attached resolution (a copy of the Committee's letter to Council will be sent under separate cover). DISCUSSION: The closure of biomass power plants, which converts wood wase into energy, has a direct impact on the financial viability of composting and mulching operations. These small businesses typically rely on biomass plant revenues to'cover start-up and operating costs. Without these operations, cities will struggle to meet the 50% solid waste diversion goal mandated by AB 939. As you know, all citi'Ies and counties in California must reach this goal by the year 2000. According to the California Integrated Waste Management Board (CIWMB), nearly half a million tons of wood waste per year will or could end up in landfills if biomass generatoO,s are forced out of the market. 000014 The closure of these biomass plants has already had a local impact. Until four months ago, Wil-Mar Disposal brought all of the City's green waste to Dirtman. With the closure of both Soledad Energy and Rio Bravo (located in Fresno), Dirtman has gone out of the "green waste business The City's green waste is now brought to Rossi Transport, but at a higher price. The increased price is necessary in order to cover the loss in revenue from biomass transformation. FISCAL IMPACT: None. Encl: Resolution No. 12-95 0000 ,5 I 3 REPORT TO CITY COUNCIL Meeting Date: 2-28-95 CITY OF ATASCADERO Agenda Item: A-7 i i Through: Andrew J. Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT: Approve Resolution No. 06-95 authorizing the City Manager to sign the attached Quitclaim Deed on behalf of.1 the City of Atascadero.- --- - -- - BACKGROUND: During the design phase -- of the West Mall Pignal Project adjustments were made due to excess r-ight of way. I The result of these adjustments established a' Landscape Easementgranted to the City by Mr. & Mrs. Ben Hoff in exchange for a portion of excess right of way behind the sidewalk adjacent to theirlbuildings. As shown on Exhibit "B" to the Quitclaim Deed, these adjustments established a consistent right of way along E1 Camino Real and provided a planter area. FISCAL IMPACT: Previously Mr. & Mrs. Hoff entered into a ', Right of Way Agreement which established certain terms and conditions related to the reconfiguration of the right-of-way. In part, ,this Agreement conditions Mr. & Mrs. Hoff to pay $15,250.00 to theCity for their share of the intersection improvements. The Landscape Easement from the Hoffs and the Quitclaim Deed were part of *hat agreement. Attachments: Quitclaim Deed with Exhibits i j i 000018 UUS]� RESOLUTION NO. 06-95 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO SIGN A QUITCLAIM DEED RELEASING CLAIMS AGAINST EXCESS RIGHT OF WAY WHEREAS, the City of Atascadero entered into a contract with the State of California Department of Transportation for the installation of a traffic control signal and related roadwork at the intersection of El Camino Real and Highway 41; and WHEREAS, Mr. & Mrs. Ben Hoff own property adjacent to the project which was affected by the construction; and WHEREAS, on March 8, 1988 the City of Atascadero entered into a Right of--Way_Agreeme-n-t--with Mr. & Mrs. Ben--Hoff--which set forth certain obligations of the respective parties; and WHEREAS, pursuant to said- Agreement, the City- of Atascadero will Quitclaim a portion of the excess right-of-way to Mr. & Mrs. Ben Hoff. WHEREAS, the Council must authorize the City Manager to execute the Quitclaim Deed which is a requisite of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the City Manager to sign all necessary documents required to execute the Quitclaim Deed. On motion by Councilmember , and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ob 000019 Resolution No. 06-95 • page two ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON City Attorney------- APPROVED ttorney-------APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000020 Recording Requested By: and When Recorded Return To: City of Atascadero City Clerk 6500 Palma Avenue Atascadero, CA 93422 QUITCLAIM DEED THE UNDERS-IGN.ED-RANTOR,__,F9R VALUABLE_CONSIDERATICN,_. RECEIPT FOR WHICH IS HEREBY ACKNOWLEDGED, DO HEREBY REMISE, RELEASE AND FOREVER QUITCLAIM TO HOFF FAMILY TRUST, AND BEN HOFF, INC. THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF:--ATASCADERO, _ COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.. SEE ATTACHED EXHIBIT "A" Assessor's Parcel No. 30-191-16, 17, 30, & 31 Executed on February 28, 1995, at Atascadero, California ANDREW J. TAKATA, City Manager State of California County of San Luis Obispo On February 28, 1995 before me, Lee Price, personally appeared Andrew J. Takata personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LEE PRICE, City Clerk 000021. EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOTS 18 AND 19 IN BLOCK H—B OF ATASCADERO, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA PER MAP RECORDED OCTOBER 21, 1914 IN BOOK 4 OF MAPS, PAGE 32 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN THE CERTAIN DEED RECORDED ON AUGUST 29 1980 IN BOOK 2265 OF OFFICIAL RECORDS, PAGE 414, AND ITEM NUMBER FIVE — PARCEL 1, ITEM SIX, ITEM SEVEN — PARCEL 1 AND 1A, OF THE CERTAIN DEED RECORDED ON FEBRUARY 18, 1983 IN BOOK 2465 OF OFFICIAL RECORDS, PAGE 148 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 18 AND 19 LYING SOUTHERLY OF THE NORTHWESTERLY RIGHT—OF—WAY OF THE CALIFORNIA STATE HIGHC4AY PER THE CERTAIN DEED RECORDED ON AUGUST 8, 1929 IN BOOK 72 OF OFFICIAL RECORDS, PAGE 74 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ''',SAID LINE ALSO BEING 50.00 FEET SOUTHWESTERLY OF THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. • S�0 ND SV,�` SA/� Fy .�c EXP. No. 5812 • 92133.LGL 000022 EXISTING R/W PER 72/OR/74 50' 2465-OR-148 I • � X39' I -- - - - - - - - - - - - - - --~ - - - - - - - - I - - I 2465-OR-148 i ORIGINAL R/W PER 4/MB/32 S� 2465-OR-148 Q �~• 0 O 50 9' 2265-OR-414 I • EXHIBIT °B° 000021 MEMORANDUM REPORT TO CITY COUNCIL AGENDA ITEM: A-8, CITY OF ATASCADERO THROUGH: ANDREW J. TAKATA CITY MANAGER FROM: BRADY CHERRY OW/ DIRECTOR OF COMMUNITY SERVICES SUBJECT: Resolution authorizing an agreement with Keuntzel, Henderson and Associates for Architectural services for the Atascadero Youth Recreation Center renovation project. RECOMMENDATION• It is recommended that the City Council approVe the attached Resolution No. 16=95 for services for the Atascadero Youth Recreation Center renovation project. DISCUSSION• Last spring the City Council allocated $47,000.='00 in Community Development Block Grant (CDBG) Funds to the Atascadero Recreation Center Committee (ARCC) for the purpose of obtaining design services for the renovation of the Youth Center/Printery building. The historic building is in need of seismic retrofit, ADA upgrades, space planning and other general rehabilitation and renovation. A request for proposals (RFP) was prepared by Community Services Department staff for an open and competitive selection process. The selection committee was comprised of a! representative from ARCC, the Department of Community Developmentjand myself. We received eight (8) proposals from different firms4l The selection Committee rated the proposals and decided to interview the top four most qualified firms submitting the proposals ranked highest. The evaluation of the firms included the following criteria: -Firm's design capability and expertise with similar projects. -Firm's proposed work plan outcome and service capability. -Firm's reputation and references. Reasonableness of firms's total contract cost proposal relative to services rendered. -Rank of Firm by interview panel. 0000'4 I The selection committee recommended that Keuntzel, Henderson and Associates be retained due to the strength of their experience, proposal and scope of work to be performed for the fee amount. The Firm's Atascadero location was regarded as being mutually advantageous to both parties in working on the project. The CDBG funds are expected to be available next month to start the project. The project is expected to last approximately six months. FISCAL IMPACT: This phase of the Youth Recreation Center Design work will cost $47, 000. in CDBG Funds. 000025 RESOLUTION NUMBER 16-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KUENTZEL, HENDERSON AND Associates FOR ARCHITECTURAL DESIGN SERVICES FOR THE++ ATASCADERO YOUTH RECREATION CENTER RENOVATION PROJECT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with: Kuentzel, Henderson and- Associates for Architectural design services. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature, and to negotiate satisfactory insurance requirements. 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 28th of february, 1995. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk R. DAVID BEWLEY Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 00002 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this day of , 19 , by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and hereinafter referred to as "Consultant" . Witnesseth For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the Purchase Order issued by the Department of Community Services. _ B. The following exhibits are attached hereto and incorporated herein by reference--as though here fully set forth. Exhibit "A" ATASCADERO RECREATION CENTER RENOVATION PROJECT WORK PLAN Exhibit "B" PROJECT SCHEDULE FLOW CHART Exhibit "C" Fee Schedule Article 2 Responsibilities of Consultant A. Scope. Consultant will provide the following services as described herein and under Exhibit "A" and "B" for the City project hereinafter described: ATASCADERO RECREATION CENTER WORK PLANS B. Coordination. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator, herein designated as the Brady Cherry, City Director of Community Services, and also with the following city officials: Andrew J Takata, City Manager Henry Engen, Community Development Director 000027 C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as modified by Exhibit "A" and Exhibit "B" commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 3 Responsibilities of City City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. City shallalso be responsible for providing such staff production assistance as is specified in Exhibit "A". Article 4 Fee and Provision for Payment City will pay Consultant a fee according to Exhibit "B" billed as monthly progress billings. Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit nCff .. Article 5 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by city only upon certification by the City Manager that the claimed extra work or change was authorized in advance by the Project Coordinator and the City Manager, and that. the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. Article 6 Suspension or Termination of Agreement A. Suspension of Agreement. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur 0000428 additional obligations of Agreement funds during the suspension unless specifically authorized by the Project Coordinator and the City Manager. B. Termination for Convenience. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination 'of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provision in Exhibit "C", and such findings of City shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7 Time of Completion Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A" and Exhibit "B" . Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 10 Covenant Against Contingent Fees 000029 Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee, working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other', than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 Contract Personnel The work to be done pursuant to this Agreement shall be done by Kuentzel, Henderson & Associates and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official -who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12 Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. • Article 13 000030 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) i 000031 EN=][T "A" Sheet 1 of 3 ATASCADERO RECREATION CENTER RENOVATION PROJECT WORK PLAN Establish proposed timeline for project phases and tasks on spreadsheet. Phase One: Analysis. Research and Documentation Task 1.01: Project Start-up Meet with City staff and A.R.C.C. to review scope work plan, communications format and related issues. Task 1.02: Background Data Assembly Acquire and review the legal, physical, historical attd infrastructure characteristics of the building and it's site, including previous-reports. Research and documentation. Task 1.03: Code search, Analyze program Determine project regulatory parameters with regard to General Plan and zoning ordinance, other city ordinances, California Building Code, Uniform Code for building conservation, ADA, etc. Task 1.04: As-Built Documentation (Primary dimensions and components adequate for basic 3D model) Convert field reconnaissance information into drawings and notes describing the existing building plan, section and elevation. Task 1.05: Space Planning and Pre-Architectural Programming Meet and work with City staff, Parks and Recreation Commission and A.R.C.C. to determine quantitative and qualitative goals and objectives for`'new and remodeled building spaces as a Youth Recreation Center. Task 1.06: Field Reconnaissance (Testing and detailed information) Initiate hazardous materials report. Take field measurements, photo document existing conditions and catalog building components and systems. Lab collects and tests mortar samples. Related testing occurs. (geotechnical, R-meter testing, coring and lift equipment) Task 1.07: Structural Analysis Perform a preliminary analysis of existing vertical and lateral load bearing systems, materials and connections; recommend any additional testing as required. Finalize documentation. Prepare analysis report. Determine modification, rehabilitation, and improvements needed. 000032 EX11MIT "A" Sheet 2 of 3 Task 1.08: Energy and Mechanical Systems Analysis Investigate existing building systems. (Document existing and review for adequate structural supports) Task: 1.09: Accessibility Analysis Document compliance or non-compliance of facilities and paths of travel with the accessibility requirements of State Title 24 and ADA. Task 1.10: Preliminary Budgeting Review probable construction alternatives and budgetary estimate of the cost associated with the upgrades. Task 1.11: Evaluation Meeting/Report Summarize findings and recommendations regarding structural condition,earthquake risk, preliminary budget estimates and upgrade concepts. 0000;x;3 EXIIBIT "A" Sheet 3 of 3 PHASE 2-DESIGN Task 2.01: Conceptual Alternatives Generate several alternate configurations for the remodeled building floor plan for review with the City and ARCC. Task 2.02: Site Planning In connection with schematic remodel design of the building, develop a rough site design for areas surrounding the building for ARCC and C-ity. Task 2.03: Structural Systems Design - Design new and refurbished structural components and connections to bring the structure into compliance with current codes for vertical loading, seismic stability and support of a new fire sprinkler system. Task 2.04: Mechanical Systems Design Provide system type recommendation and ensure adequate space and structural capacities exist. Task 2.05: Accessibility Systems Design Resolve all non-compliant facilities and paths of travel with ramps, lifts, elevators or mitigating facilitation. Task 2.06: Final Plan and Summary Report Present final draft plan to City staff and ARCC. Obtain final input and comments. Task 2.07: Working Drawings Prepare working drawings adequate for issuance of a building permit and accurate bidding. Task 2.08: Specifications and Cost Estimate Based on final working drawings and specifications, prepare cost estimate for ARCC and City use. Task 2.09: Public Presentation Present final plan and summary report to City Council for approval. • 000=034 EN=I[T "B" N N CST A fail � � O <71 A L m n to n N > m o co m m r Cb co N O D O N n 0 0� F� 6 aZ. N a o a co • 000035 EXHIBIT "C" PROPOSED FEE SCHEDULE FEE SUMMARY ESTIMATE Civil-Structural Engineer •Jonna Louise Otto P.E. 396 South Ocean Avenue HOURLY OR FDCEDI Cayucos,CA 93430 40 hrs®80.00 $ 3,200 Asbestos Survey •West Coast Safety Consultants $ 1,000 Mike McGuire Tes tin $ 1,850 •Earth Systems S&G •Terra Tech ESTIMATE IS BASED ON THE THREE FIRMS LISTED ABOVE AND THE FOLLOWING AMOUNT-OF TESTING -R-METER testing to evaluate all rebar in poured concrete -8-10 brick shear tests -T ical wall core WEL Architects $40,950 Kuentzel, Henderson & Associates Architectural Staff Designer/Cad Operator Mary L. Fierros 468 hrs Q 35.00 40% $16,380 Architect Principle Douglas A.Kuentzel 252 hrs Q 65.00 40% $16,380 Architect Principle Frank L. Henderson 126 hrs Com? 65.00 20% $ 8,190 11 mmrm lim e Additional Staff Office manager/estimator Drexel Fruits ® 35.00 Secretarial Annette Brown Q 25.00 *Estimator and secretary will be within architects budget performing certain tasks with greater skill and lower cost than the architect. 000039 i I REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No B-1 (A-D) { Through: Andy Takata, City Manager Meeting !Date: 2-28-95 9 File No: LLA 94-005 / ZC 94-001 / RA 94-001 Via: Henry Engen, Community Development Director '', From: Steven L DeCamp, City Planner SUBJECT: Consideration of the 3-F Meadows Ranch Developmenti. which includes a Lot Line Adjustment (LLA) , amendment of , the Zoning Ordinance Map and Text establishing Planned Development Overlay Zone #11 (PD-11) , and a Road Abandonment... An Environmental Impact Report has been prepared for this project. RECOMMENDATION: Staff recommends the following actions to the Coun,il: 1 . Certify that the Environmental Impact Report prepared for the project is adequate and in full Compliance with the California Environmental Quality Acts 2 . Approve Ordinance 286 (Zone Change 94-00j) establishing- Planned Development Overlay Zone #11 . [approve on First Reading] 3 . Approve Resolution 14-95 (RoadAbandonment94-001) . 4 . Approve Lot Line Adjustment 94-005 subject to the Findings for Approval shown in Attachment D and subject to the Conditions of Approval shown in Attachment E of the Planning Commission staff report . i i BACKGROUND: Applications for Lot Line Adjustments normally do not come before the City Council for consideration and action. Action on Lot Line Adjustments is usually an administrative function. Approval of this particular application is, however, predicated on concurrent approval of applications for amendment pf the Zoning Ordinance map and text, and abandonment of several''; Colony road rights-of-way. Because of this project' s potential for creating impacts on the environment, an Environmental Impact Report was prepared and reviewed in conformance with the requirements of t 11 he California 000'037 I STAFF REPORT February 28, 1995 3-F Meadows Ranch Development Page 2 Environmental Quality Act . ANALYSIS: As evidenced by the attached minute excerpt, the primary focus of the testimony on this project during the Planning Commission' s hearing was the need for, and extent of, required off-site road improvements . The construction of off-site improvements is scheduled to occur in two phases to coincide with the first two phases of the development project . Prior to beginning work on the first phase of the development project, the applicant will improve San Marcos Road between Los Altos and the project boundary to- a condition that will allow acceptance of that road segment into the City maintained system. During Phase 1, Los Altos Road and its intersection with Highway 41 will also be improved. During Phase 2 of the project, the applicant will be required to make improvements to Cenegal and Laurel Roads . Improvements will include curve widening, and the installation of walkways, where .none now exists . Public testimony supported the requirement for the construction of a bridge across Grave Creek. between Cenegal and Santa Lucia at a location shown on the original Colony maps . This location, which is near the Millhollin mine, does not appear suitable for a bridge crossing according to preliminary engineering analysis, however. Sight distance deficiencies, overly steep grades, and increased environmental impacts to the creek were cited as objections to such a bridge location. UNDER SEPARATE COVER: Environmental Impact Report (previously distributed) ATTACHMENTS : Exhibit A - Planning Commission Minutes (2-7-95) Exhibit B - Planning Commission Staff Report with attachments 0000:38 EXHIBIT A CITY OF ATASCADERO . PLANNING COMMISSION 2/7/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. FINAL ENVIRONMENTAL IMPACT REPORT/LOT! LINE ADJUSTMENT 094005/ZONE CHANGE #94001/ROAD ABANDONMENT #94001: Consideration of the 3-F Meadows Ranch Development project which includes a Lot Line Adjustment (LLA) , amendment of the Zoning OrdinanceMap and Text establishing Planned Development Overlay Zone #11 (PD-11) , and a Road Abandonment. An Environmental Impaet Report has been prepared for t-h-is project. STAFF RECOMMENDATION: (DeCamp) The Commission --should make the following recommendations to the City Council: 1. Certify that Environmental Impact Report prepared for the project is adequate' and in full compliance with the California Environmental Quality Act. 2. Approve Lot Line Adjustment 94-005 subject to the Findings for Approval shown in Attachment D and subject to the amended Conditions of Approval shown in Attachment E. 3 . Approve Zone Change 94-005 establishing Planned Development Overlay Zone #11. 4. Approve Road Abandonment 94-001. TESTIMONY: Dave Watson, the applicant's representative, presented a brief overview of the process that has occurred during the development of this project. The applicant supports the staff's recommendation, as follows: 1) The Commission should take a look at the EIR and determine that it is adequate as an informational document. 2) Changes to the conditions related to off-site improvements. The ADT trigger for making improvements associated with Phase I or Phase II, the relationship of lots within those phases is right out of the EIR and insofar as three years, whichever occurs first, the applicant understands that what staff is hoping to do is to put an absolute • (Page 3 of 10) 000029 Planning Commission Meeting - 2/7/95 timeframe on these projects. He assured the Commissioners that the Davis Family Trust is very anxious to proceed with their continuing residential development of the property, but economic times and other factors beyond their control may create ebbs and flows in the rate at which build-out occurs. So, it is proper to look at a three-year timeframe as an absolute milestone to insure that the off-site improvements are completed. Regarding the road-abandonment exhibit, it was provided to better identify the areas of abandonment. He called attention to a letter which the applicant had presented to the planning staff dated January 20, 1995. The letter addresses a possible alternative driveway alignment for the four lots off of Highway 41 (Lots 109 through 112) . He offered to answer questions as needed. Gordon Edmonds, 9/47 Laurel Road, representing Oakwood Estates Homeowners. He referred to the letter that- is before the Commission tonight and each homeowner has written individual letters expressing their concerns about this project. Primarily, their concerns have to do with the traffic impact on Cenegal and Laurel Roads. They have proposed that the applicant consider installing a bridge as was on the original colony maps to mitigate this traffic impact. He expressed that even after they have gone through this process and done the draft EIR, these maps in the final EIR still show a bridge that is misleading to the public and to the Commission. The bridge is proposed and won't be built. The applicant has proposed making only limited improvements to Cenegal and Laurel Roads. Although the project would more than double the traffic on these two roads, bringing these roads up to collector status, the applicant has clearly stated that he does not intend to meet current standards for collector roads. The improvements don't even include new pavement; just widening the shoulder. Since the draft EIR, the applicant has been continually scaling back on improvements on an economic basis and not with what is consistent with the General Plan. If we look at the estimates on the proposed bridge, we are looking at $300,000 to $400, 000. The Oakwood Estates Homeowners have asked for informal estimates as to what it would cost to upgrade Laurel and Cenegal Roads to collector road status as defined in the General Plan and it is estimated to cost $250, 000. The biggest difference between those two numbers ($250, 000 vs. $300, 000 bridge) is that you cannot marginalize a bridge. The bridge has to meet State standards, but on a road you can back down and back away and talk about Phase II or Phase III and start repairing cracks instead of adding pavement; marginalizing until the project looks more and more profitable. He maintains that the applicant is standing behind an EIR as an excuse to cover up the fact that he needs to invest the money to do the job right. Bob Lilley, 11850 San Marcos Road (West of Los Altos) . He referred to a letter containing a consensus and was previously submitted on 10/28/94 for the record. The residents are primarily concerned about (Page 4 of 10) • 00000 � Planning Commission Meeting - 2/7/95 off-site impacts to the road into the project. It looks like the route from Highway 41 to Los Altos to San Marcos is the only route into the project. So they have a high level of concern about the traffic impacts with the wear and tear on the road and with the fire access issues that represents. He was pleased to see that the staff report requires that the Section related to Los Altos' road improvements off-site shall be constructed with the development of Phase I of the project and prior to issuance of the building permits. He was dismayed about revisions to the conditions such that the improvements wouldn't be done until Phase II. The EIR appears to have done a nice job with the project itself. However, the, primary concern is the access road and with the road improvements. (Mr. Decamp clarified that the improvements to Los Altos Road stili occur prior to Phase I, nat--P ase-11-}- Ted Bench, 12055 San Marcos Road, is concerned that the access road already has a load. It is a mile long-,--and is unmaintained. He doesn't want to see the revision made to the conditions of approval and doesn't feel that the existing conditions (i.e. , prior to Phase I) are unusual nor do they present an undue -burden to the applicant. He is concerned about the impact for exit in case of fire. He was evacuated twice during this last fire and was burned out six years ago. Also, residents don't have resources to maintain the equivalent of a collector road, so he urged the Commission to leave Condition F3 the way it is. (Mr. DeCamp clarified that Condition F3 would remain the same as originally presented. ) Rick Johansen, 12275 Santa Lucia, is concerned about long-range impacts on the City, the residents already there, and road improvements should be the highest priority. Road improvements should be done before anything else. He is concerned about the 40 mph speed limit on Santa Lucia, the lack of enforcement and where Santa Lucia dumps out at Atascadero Avenue. There is already a serious traffic flow problem. Ursula Luna, 10600 San Marcos Road, supports and applauds the work done by the Davis Family and Dave Watson. Tree loss, however, is a concern. She wanted to know if the oak trees will be replaced on site, either on the lot where they were removed or on a receiver site on the 800 acres. Mr. DeCamp indicated that this will be addressed during the development of the comprehensive restoration plan. In anticipation, staff would look at those sites graded icor roads and the tree replacement could occur any place on the 800 acnes. Once these lots are sold, they will be bound by the tree ordinance and would probably be looking at on-site tree replacement. She felt the EIR comments should be incorporated into the conditions. (Page 5 of 10) 0000,11 i Planning Commission Meeting, 2/7/95 Gail Swayse is concerned about animals, animal habitats. The animals are being killed off because of the traffic flow. She also expressed serious concern about changing the cul-de-sac on which she lives to a two-lane highway so that cul-de-sacs can be built on this new project. Eric Greening, 7365 Valle, was complimentary of the project's and EIR's thoroughness--and--quality, but expressed concern about the number of residences per lot. He strongly suggested that no second units be allowed as a condition of approval as a permanent condition, regardless of what may or may not happen City-wide in relation to second-unit ordinances as well as no further lot splits. Joan O'Keefe, 9985 Old Morro Road, had several questions: 1) Has the alignment the-- project on--San--Marcos been decided? There were two alignments noted; one recommended by the applicant and the other recommended by the EIR consultant. Which one will they be using? 2) Regarding drainage, the EIR :consultant was recommending underground storm drains to be built at intervals along the road. The applicant's engineer says that this isnot necessary. She wanted to hear from both sides -on this issue. 3) -What does "comment noted" on the EIR mean? 4) Regarding disallowing lot splits, the response is that this is speculative and a zone change would be required. What is needed to get a zone change under these circumstances and why can't it be a condition? 5) The fire department has made a number of recommendations not seen in other reports, such as the use of non- flammable siding in wooded areas, that sagebrush vegetation be removed 60 feet from structures, that fuel reduction extend 100 feet from structures on downhill slopes exceeding 30%. She wanted to know if these are recommendations applicable only to this project or are they policy positions for all future construction and for existing structures? 6) There is a need for a repeater station. Has a site been identified? Now is the time to identify a site. 7) She asked someone to identify on the map where a planned emergency egress road connecting San Marcos and Cenegal will be. She expressed appreciation to the Davis Family for the time and money they have spent on this and to Dave Watson for involving the community. Staff attempted to answer her questions. Dorothy McNeil, 8765 Sierra Vista Road, expressed appreciation to the Davis family for the care and expense in hiring capable professionals to put together a plan for the 800 acre expansion of the area. She expressed empathy for the residents on Cenegal, Laurel and Santa Lucia. She was concerned about fire safety, peace and quiet in the area. She hopes the Planning Commission and the City Council will always have projects this well thought out and experts as creative and concerned as Dave Watson. Virginia Powers, 7505 Carmelita, praised the Davis family and Dave Watson for doing such an excellent job on the 3-F Meadows extension (Page 6 of 10) 0000,12 Planning Commission Meeting - 2/7/95 and for being "good neighbors. " Road conditions are bad, but they are not the Davis' responsibility to remedy. This is a City road problem or a State road problem, but it is going to become a horrible problem. Doug Conner, 12170 Cenegal Road, is concerned about road conditions. The road geometry on Cenegal and Laurel is currently very poor; drivers wind around trees and it magnifies the problem when drivers attempt to straighten out the road by cutting corners and meet other drivers coming in the opposite direction. This problem will be further exacerbated by elevating these roads to collector status, which means widening the road. Short of removing the oak trees, the turns will get even tighter, which makes a slower road. Mr. Conner wanted to know what the elevation difference was calculated to be at the location r-opesed—bridges------fie---app-ljeant's engineer responded by saying there was approximately 20 feet between the two. Chairman Johnson clarified that when you try to fit', your profile in there between that great of a distance and a short horizontal distance, you don't want to come up to the intersection on a 10% downgrade. You will have to engineer it so that you're coming into it and out of it on flatter grades, and then- going across the bridge, you don't want to be coming down on a steep slope across the bridge. Mr. Conner had difficulty believing those numbers; he felt it was more like 10 feet. He indicated that people are already driving across this area, so a bridge would not do any more damage than is already being done by the existing traffic. He questioned that widening the pavement on these roads would make them better roads. Bruce Buckingham, 12650 San Cayatano, asked that the applicant and the Commission consider a cluster development rather than the proposed plan. He pointed out the benefits of a cluster development. Dale Domenghini, 927 Pacific Street, Morro Bay, representing the owners of the Chavez property, which borders 3-F Meadows on the west and is part of the Atascadero Colony. He referred to Map #5, which shows four legal right-of-ways in the Atascadero Colony; San Cayatano, San Marcos Road, San Felipe and Escabrosa which continue from the 3-F Meadows project into the Chavez property. On all four of these roads, cul-de-sacs have been created with a different name. In view of public safety, when future development occurs to the west of the 3-F Meadows project, to which San Marcos Road would the fire department or an ambulance respond. This seems to be a problem. And if you have a "connecting road" that was once a cul-de-sac of Mesa Court or Puente Court or Cenegal Court, this should be a public concern. He referred to the Street and Highway Code Section #8330, 8334 and 8353 , which prohibit the formation of cul-de-sacs on public dedicated roads. He felt that this needs to be investigated further. Gordon Edmonds, 9747 Laurel Road, representing Oakwood Estates Homeowners expressed his agreement with Mr. Conner about the • (Page 7 of 10) 0000,13 Planning Commission Meeting - 2/7/95 is difference in elevation between Cenegal Road and Santa Lucia. He also finds it unlikely that there is really a 20 foot differential and he would love to see the survey information that shows otherwise. He would hope that the Commission would ask for the same information. However, even if these numbers are accepted, what are the steepest grades requested within the boundaries of -'the ' project? The City Engineer responded by indicating that the City maximum is 20% and none of the roads in the project exceed that in the proposal. Mr. Edmonds calculations produced a 12% grade; in any case, well below 20%. Consequently, he felt that we should revisit these numbers and make certain that we are not hiding behind an economic reason as opposed to an engineering or an environmental reason. Dave Watsonstions- and-added---the--€lowing for the record: The Davis Family Trust is prepared., and there is a letter on file to staff confirming, that they will preclude further subdivision of parcels within their deed restriction . It is their interest to preclude second units on each lot._ It is their intent-to maintain the integrity of one-lot/one-unit. He further clarified that they are interested in looking at on-site propagation of trees for the replacement program. He reiterated that the improvements to San Marcos are to begin before the on-site construction actually begins and City Staff has agreed to recommend to the City Council to add San Marcos into the City system for maintenance once those improvements are brought up to standard. ACTION: The Commission makes the following recommendations to the City Council: 1. Certify that Environmental Impact Report prepared for the project is- adequate and in full compliance with the California Environmental Quality Act. Motion: Wallace Second: Messer AYES: Wallace, Messer, Bonnema, Bowen, Edwards, Miller, Johnson NOES: None ABSENT: None 2 . Approve Lot Line Adjustment 94-005 subject to the Findings for Approval shown in Attachment D and subject to the amended Conditions of Approval shown in Attachment E. 3 . Approve Zone Change 94-005 establishing Planned Development Overlay Zone #11. 4 . Approve Road Abandonment 94-001. (Page 8 of 10) • 000044 Planning Commission Meeting - 2/7/95 Motion: Edwards Second: Bowen AYES: Edwards, Bowen, Miller, Messer, Bonnema, Wallace, Johnson NOES: None ABSENT: None (Page 9 of 10) 000045 EXHIBIT B CITY OF ATASCADERO Item: B. 1 STAFF REPORT FOR: 11 Planning Commission MEETING DATE: 2-7-95 BY: n/�/� Steven L. Decamp, City Planner FILE NO: LLA 94-005 fJ"'` ZC 94-001 RA 94-001 SUBJECT: Consideration of the 3-F Meadows Ranch Development project which includes a Lot Line Adjustment (LLA) , amendment of the Zoning Ordinance Map and Text establishing Planned Development Overlay Zone #11 (PD-11) , and a Road Abandonment. . An Environmental Impact Report has been prepared for this project . RECOMMENDATION: The Commission should make the following recommendations to the City Council : 1 . Certify that the Environmental Impact Report prepared for the project is adequate and in full compliance with the California Environmental Quality Act . 2 . Approve Lot Line Adjustment 94-005 subject to the Findings for Approval shown in Attachment D and subject _ to the Conditions of Approval shown in Attachment E. 3 . Approve Zone Change 94-001 establishing Planned Development Overlay Zone #11 . 4 . Approve Road Abandonment 94-001 . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Davis Family Trust 2 . Representative. . . . . . . . . . . . . . .David Watson, AICP; Planning Consultants 4 . General Plan Designation. . . . .Suburban Single Family 5 . Zoning District . . . . . . . . . . . . . .RS (Residential Suburban) 6 . Site Area. . . . . . . . . . . . . . . . . . . 802 . 43 acres 7 . Existing Parcels . . . . . . . . . . . . . 115 7 . Existing Use . . . . . . . . . . . . . . . . .Vacant is 000046 STAFF REPORT February 7, 1995 • RE: 3-F MEADOWS RANCH Page 2 DAVIS FAMILY TRUST 8 . Environmental Status . . . . . . . . .Environmental Impact Report BACKGROUND- At your October 18, 1994 meeting, the Commission took testimony regarding the content and adequacy of the Draft Environmental Impact Report (DEIR) for the 3-F Meadows Ranch Development project . Subsequently, the EIR consultant prepared responses to the comments received at the hearing as well as additional written comments received during the remainder of the review period. The Final EIR and the project' s development plans are now before the Commission for final review, conditioning, and approval . ANALYSIS: . The project area consists of 115 Colony lots situated on approximately 802 acres . The area is accessible by a series of "ranch roads", however, none of the colony roads have been constructed to any recognizable standard. The applicant has proposed a complete reconfiguration of the parcels and road rights-of-way within the site due to the significant construction difficulties and environmental impacts anticipated from further development of roads and home sites . The proposed lot line adjustment will not result in the creation of any additional parcels . The site currently contains 114 residential lots and one (1) lot set aside for as a future water tank site . The reconfigured lot lines will result in the establishment of 111 residential lots on approximately 550 acres, three (3) open space lots totalling approximately 256 acres, and one (1) remaining lot for a future water tank. Further details of the project' s design, anticipated environmental effects, and recommended mitigation measures are contained in the previously distributed Final EIR. ` CONCLUSIONS: As clearly indicated in the Final EIR, development of the proposed project will result in an important reduction in the level of anticipated of environmental impacts . As `'proposed, and with the recommended conditions of approval, the project will 0000<17 STAFF REPORT February 7, 1995 RE: 3-F MEADOWS RANCH Page 3 DAVIS FAMILY TRUST result in significant public benefits through the dedication of openspace and the realignment and improvement of public roads . Although the Final EIR identifies a "cluster development" as an environmentally superior alternative, this alternative is not supported nor desired by the applicant . As mitigated, the proposed project will reduce impacts to less than significant levels . ATTACHMENTS : Attachment A - Location Map- Attachment apAttachment B - Lot Configuration and Phasing Map Attachment C - Final EIR (previously distributed) Attachment D - LLA Findings for Approval Attachment E - LLA Conditions of Approval Attachment F - Draft Road Abandonment Resolution Attachment G - Draft Zone Change Ordinance 000011 LA NO ONE 9 p PAP p -hk OWN T PIP Ara �WQAA ,ploo '0" p p Ogg r0% Odr", WIN OF love vu 002 0 ,Ao,od MEN r P. �= �u y� i . ,� s� r )t� Ails! IV • I�•1._ f!fOI _ •a_- ,,,/t lit„ C1 I a,'R ln,,r 1 L �•LL' I� ryr a l �7 .3,y Ls� •q fi. A \ \\ •,, ^•\ i LOS ALTOS ROAD e ;, ; ?' - --� 01 .� J�y � '�. soR C a o r •� � r � p w p C v n 1•AC1RElROAD M;vY F Lo S.,Y M I N m 5 p 0 `s� L�9}' � � r0 mm � —4. Z Y '.w Cowls. Y `' D ,.�, Is r = m Nccnccnncn M r m m m m < ' 14 Z 0 a r— r r ' a ,r ; f1 •" .w � : '� oo 0000 � � Spi YY w n w n m ' 0 0 S Z ^ , N ATTACHMENT D Findings for Approval Lot Line Adjustment 94-005 3-F Meadows Ranch (Davis Family Trust/EDA) ENVIRONMENTAL FINDING: The Environmental Impact Report prepared for this project has been determined to be adequate and in conformancewith the requirements of the California Environmental Quality Act . MAP FINDING• The application as submitted conforms with all applicable zoning, general plan, and subdivision regulations of the City of Atascadero . 0O0c?51 Attachment E Conditions of Approval Lot Line Adjustment 94-005 3-F Meadows Ranch (Davis Family Trust/EDA) CONDITIONS OF APPROVAL: 1 . Zone Change 94-001 establishing Planned Development Overlay Zone #11 shall be approved and all conditions attached thereto shall be satisfied prior to recording any instrument finalizing this Lot Line Adjustment . 2 . The lot line adjustment as generally shown on -the map attachment provided herein shall be submitted in final map format, reflected in a record of survey and Certificates of Compliance (115) , or deeds to be approved by the Community Development Department prior to recordation. 3 . The proposed adjusted lot lines shall be surveyed, monuments set at the new property corners, and a record of survey prepared as required by Section 8762 of the Business and Professions Code. 4 . If a final map is to be recorded, all existing easements shall be delineated thereon. 5 . A mylar copy of the recorded final map or record of survey shall be submitted to the Community Development Department . 6 . Approval of this lot line adjustment shall expire two years from the date of approval unless a time extension has been granted pursuant to a written request prior to the expiration ';date. 000052 ATTACHMENT F Road Abandonment Resolution DRAFT RESOLUTION NO. 14-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF A ROAD PURSUANT TO STREET& AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION" 8330 (BEING PORTIONS OF SAN MARCOS, CHOLARE, ESCABROSA, SAN FELIPE, SAN CAYETANO AND MADRONE ROADS) WHEREAS, Streets and Highways C=dde 8330 permits summary vacation of a street or highway by adoption of a resolution of summary vacation; and WHEREAS, the portions of San Marcos, Cholare,i, Escabrosa, San Felipe, San Cayetano, and Madrone Roads, as shown on the attached Exhibit, have been determined to be superseded by relocation, have been impassable for vehicular travel for at least five consecutive years, and no public money has been expended for their maintenance during that time; and WHEREAS, the vacation of these portions of San Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and, Madrone Roads, now superseded by relocation will not work to cut off access to any person' s property which, prior to the relocation, adjoined the streets to be vacated; and WHEREAS, the vacation of thess portion of San Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and Madrone , Roads will not affect any in-place, in-use public utility facility, and will not terminate a public service easement; and WHEREAS, pursuant to Government Code 65402, the City Planning Commission has recommended to the Council its' finding that vacation of these portions of San Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and Madrone Roads is in conformance with the City' s General Plan; and WHEREAS, pursuant to Streets and Highways Code 2381, the City Planning Commission has recommended to the Council its' finding that these portions of San Marcos, Cholare, Escabrosa, San Felipe, San Cayetano, and Madrone Roads are not suitable or useful as a non-motorized transportation facility. 000053 Resolution No. 14-95 Page Two NOW, THEREFORE, it is hereby resolved as follows : 1 . Based upon the findings, the Council now finds and declares the above-described road portions superseded by relocation to be unusable as a non-motorized transportation facility. 2 . Based upon the above findings, the Council now finds and declares the proposed vacation of this road portion superseded by relocation to be in conformance with the City' s General Plan. 3 . The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3, Chapter 4, 8330, those portions of San Marcos, Cholane-, Escabrosa, San Felipe, San Cayetano, and Madrone Roads shown ori the attached Exhibit, subject to the following conditions of approval : a. The property owners shall indemnify and "hold harmless" the City from claims that may arise from the abandonment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. b. Lot mergers or a lot line adjustment (s) shall be completed to merge the abandoned road portions with adjacent lands in such a manner that no new parcels _ are created as a result of the abandonment procedure . C . All conditions of approval must be completed prior to or in conjunction with the recording of the abandonment resolution, and/or lot merger or lot line adjustment documents . 4 . That from and after the date this resolution is recorded with the County Recorder, the road portions shown on the attached Exhibit shall no longer be or constitute a street or highway. 5 . The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, attested by him/her under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the County Recorder. • 000054 Resolution No. 14-95 • Page Three On motion by and seconded byl' the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By. _R:. DAVID B+EWLEY, Mayor City of At"",ascadero, CA ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Arther R. Montandon, City Attorney PREPARED BY: Henry Engen, Community Development Director • 000055 ..RESOLUTION NO. M-9J5 cnritt�t l H Page 1 of 1 REVISED 2/7/95 LEGEND PROJECT BOUNDARY= •"' ROAD VACATIONS= .S� �Y£ 90 04 J ::?TQC• .;: `:�'��:�:�. • #iii•.•:iih ... .. ..... P C7 B UNDAR :•: CAYETAXO END F A D RO D r 90'0 • dlOggO 'q A p � SOURCE: MEA �� EXISTING SITE RIGHTS OF WAY ARE UNDEVELOPED 000 056 �`• ATTACHMENT G Planned Development Ordinance • DRAFT ORDINANCE NO. 286 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT AND MAP TO ESTABLISH PLANNED DEVELOPMENT OVERLAY ZONE #11 FOR THE 3-F MEADOWS RANCH DEVELOPMENT PRpJECT (ZC 94-001; Davis Family Trust) WHEREAS, the proposed zoning text amendments are consistent with the General Plan as required by Section 658601 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government`'' Code concerning zoning regulations; and WHEREAS, the Environmental Impact Report prepared for the project is adequate and in conformance with the California Environmental Quality Act; and • WHEREAS, the Atascadero Planning Commission heeld a public hearing on February 7, 1995 and has recommended approval of Zone Change 94-001 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is compatible with the surrounding land use and zoning designations . 2 . The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan, and specifically, the General Plan': Circulation Element . 3 . The Environmental Impact Report prepared for the project is adequate . Section 2 . Zoning Map. The City' s Official Zoning Map is hereby amended as shown on the attached Exhibit A and by the addition of the attached Exhibit B indicating the geographical boundaries and phasing plan of the RS (Residential Suburban) PD-11 Zone . 0000S,7 Ordinance No. 286 Page 2 Section 3 . Zoning Text . The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit C. Section 4 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5 . Effective Date.. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES: NOES : ABSENT: DATE ADOPTED: 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 000058 ORDINANCE NO. 286 EXHIBIT A Page 1 of 1 u RS J L(FH) rL � R S /COY v.ro CE.n(ua�' •� %l `�9R( 404 � a � N t \ R S NAf pp,p meq. V-/ 4 — � o (RS) 1� �r it ypti 11 1 1 p5\ g _=iEsul{e�P I I % AOLARE 1 I K New Zone="ABC' Old Zone=(XYZ) 00001,19 �� ,. .r� �� r 1. �� .� •; S�.T�.�. , � � � �-r 1' . ' // r� ;-..rte,'►�-..rr"® i f� EXHIBIT C . Conditions of Approval (as amended 2-7-95) Zone Change 94-001 3-F Meadows Ranch (Davis Family Trust/EDA) Section 9-3 . 655 is hereby added to the Zoning Ordinance as follows : 9-3 . 655 Establishment of Planned Development Overlay Zone No. 11 (PD 11) . The Planned Development Overlay Zone N:o. 11 is established as shown on the Official Zoning Maps (Section 9- 1 . 102) . The conditions of development are established: CONDITIONS OF APPROVAL: Planning Division 1 . To ensure conformance with the provisions of ',the PD-11 Overlay Zone, a Master Plan of Development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005 . The Master Development Plan shall consist of the 1"=40' feet plans entitled "Precise Road • Alignment/Lot Grading Plan" amended and supplemented as required by these conditions . 2 . A Mitigation Monitoring Program, prepared in .',conformance with the Mitigation Monitoring Plan contained in the Final EIR for this project, shall be prepared and implemented prior to the commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant . 3 . The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of-wa'y within the project boundary prior to approval of the Master Development Pian. 4 . The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%) . Said building, leach field and driveway locations '',shall be subject to the review and approval of the Community Development Director. 5 . Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project 000061 EXHIBIT C Page 2 of 13 0 CC&R' s . The location of said easements and CC&R restrictions shall be subject to the review and approval of the Community Development Director. 5 . The "Open Space" lots (Lots A, B, & C) as shown on Exhibit B shall be offered for dedication to the City of Atascadero. 6. Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document (s) implementing LLA 94-005 . 7 . Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for, -the construction of roads and homes . Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site. 8 . Road Maintenance Agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access . Said agreements may be made a part of the CC&R' s, or may be recorded as deed restrictions, or may be recorded as separate road maintenance agreements . 9. The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans . The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection) , and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction. 10 . The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists . The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. Fire Department A. Water Supply 1 . The minimum required fire flow is 1000 gallons per minute 000062 � ; EXHIBIT C Page 3 of 13 at 20 psi residual pressure for a 120 minute duration in residential development . The required fire flow will increase, as provided in UFC Appendix III-A, based on square feet of residential construction, with a 50% fireflow credit for automatic sprinkler systems . Verification must be provided from water company or fire department records in established areas or by'', a proof of design test at the completion of new on-site water main construction. 2 . Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of 8' inch diameter. Water mains and fire hydrants will be installed and in service prior to beginning combustible construction. If combustible building materials are used, the water supply mains and hydrants shall be designed, installed, tested, flushed and approved by the Fire Department prior to any stockpiling or installing any combustible materials . Water supply systems for phased construction shall provide the required fire flow at all phases . 3. Fire Hydrants 3 . The minimum number and distribution of fire hydrants is one hydrant every 500 feet as provided in UFC Appendix Ill-B. The fire hydrant will be Atascadero 'Mutual Walter Company specification with one 4 1/2" and one or more' 2 1/2" outlets . Existing hydrants may be adequate, provided they consist of a minimum of one 4 1/2" and one 2 ',1/2" outlet . New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right,-of-way. All hydrants in the public right-of-way to have "'Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. 4 . The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet #1 35D. The fire department requires a minimum 1" water meter :for residential sprinkler systems . B. Fire Apparatus Access 1 . If combustible construction materials are used, all required . public access roadways shall be completed to 'a minimum width EXHIBIT C Page 4 of 13 of 201 , capable of supporting 40, 000 Ibs . , with an all-weather surface, to within 150' of all stockpiles and all sides of buildings with combustible construction. Said access roadways to be posted "NO STOPPING/FIRE LANE" and shall not be used for the storage of materials . Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows : a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two buildings or more than three dwelling units shall be 12 feet width for one-way traffic and 1 6 feet width for two_-way traffic. The road shall also provide for a 1 0 foot fuel modification area on each side . - b. Driveway. A vehicular access- to a single parcel with one or two buildings, having no more than 3 dwelling units on a single parceL and any number of accessory buildings . LENGTH REQUIRED WIDTH 0-49 feet 12 feet 50-99 feet 14 feet Greater than 200 feet 16 feet note 1 and note 2 NOTE: 1 . For driveways exceeding 300 feet, turnaround shall be provided at the building site and must be within 50 feet of the dwelling. 2 . For driveway exceeding 800 feet, a turnout shall be provided at the midpoint or every 400 feet . 2 . Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13' 611 . Driveways shall have not less than 15 feet of vertical clearance. 3 . Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of 40, 000 pounds at 25 mph, and shall be provided with a surface so as to provide all-weather driving capabilities 4 . The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight feet (48) outside radius . 5 . All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions 000OC4 f1 EXHIBIT C Page 5 of 13 for turning around of fire apparatus . The bulb or cul-de-sac radius shall not be less than 40 feet . The hammer-head T shall extend a minimum of 30 feet to each sidle of the centerline of the entry road and be 18 feet wide . The turnaround shall extend 40 feet from the entry road and be a minimum of 18 feet wide. Where parcels are zoned 5 acres or larger, turnarounds shall be provided at intervals of approximately 132?0 feet, or as approved by the Fire Chief. Each dead-and road shall have a turnaround constructed at its terminus . 6 . The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site---or parking area as ,follows (UFC 10 .204) : Surface Minimum Grade All-Weather less than 12% Non-skid (note 1) 12% to 16% Non-skid (note 2) over 16% Note 1 . Surface shall be asphalt or concrete in the City of • Atascadero Engineering Standard Specifications and Drawings including a non-skid finish (brushed concreted or equivalent pavement) Note 2 . A driveway/access road that would provide a grade greater than 16% and less than 20% and is designed by a Registered Civil Engineer may be considered on a case-by- case basis by the Fire Chief 7 . The maximum length of dead-end road, including all dead-end roads accessed from that dead-and roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than one (1) acre 800 feet Parcels 1 ac. to 4 . 99 ac . 13201feet Parcels 5 ac . to 19 . 99 ac. 2640 ''feet Parcels 20 + ac . 529Vfeet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from ,the road to the end of the dead-end road surface at its farthest point . Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. C. Fuel Management 1 . All parcels shall comply with the fire department' s wildland 000065 �\ EXHIBIT C Page 6 of 13 fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature . Therefore, the operation of the program is planned on a continuous annual basis . Engineering Division D. Road Improvements - General 1 . All road improvements shall be constructed -in -accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2 . An encroachment permit shall- be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into an Plan Check/Inspection agreement with the City. 3 . Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans . R-value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. E. Road Improvements - On-site 1 . The following roads shall be fully improved to a Rural Hillside Collector Section (City Std 404) , or as approved by the City Engineer prior to the issuance of building permits . The structural section shall be based on a T. I . = 5 .0 . b. San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase I) a. Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II) 2 . All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std 402) , or as approved by the City Engineer prior to the issuance of building permits . The structural section shall be based on 000066 EXHIBIT C Page 7 of 13 a T . I . = 4 . 0 . 3 . The minimum right-of-way width for all on-site roads shall be 50 feet . 4 . All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul-de-Sac for rural areas with an unobstructed turning radius of 40 feet and a paved radius ;„of 34 feet, or as approved by the City Fire Marshal . Areas '',not paved within the 40 feet unobstructed turning radius shall be designed and maintained to support imposed loads of 40, 000 pounds at 25 mph and shall be provided with a surface which provides for all weather driving capabilities . 5 . Slope easements shall be provided on each side of the right- of-way as needed to accommodate out slopes, Lill slopes and/or retaining structures . 6 . Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. 7 . On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided. with, and capable of obtaining, access from the on-site roads . Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans . 8 . The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. 9 . The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City of Atascadero. ', Said irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005 . F. Road Improvements - Off-site 1 . Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than 200 feet . Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted fort review and 00006'7 EXHIBIT C Page 8 of 13 approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed with the development of Phase 1 of the projeet and prior to the issuanee of building permits when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. 2 . A "STOP" sign and stop bar shall be .constructed at the intersection of Los Altos Road and San Marcos Road and shall constructed with the development of, --Phase 1 of the project and prior to the issuance-=of building permits . 3. San Marcos Road_ between Los Altos -Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than 2001 . Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits . 4 . The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the project . A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary . The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 WOMB EXHIBIT C Page 9 of 13 of the project 5 . Left-turn lanes shall be constructed on State' Highway 41 for eastbound traffic entering both Los Altos Road and the driveway serving Lots 109-112 . Improvement plans for the left-turn lanes shall be submitted for reviewland approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The left-turn lanes for Los Altos Road shall be constructed t4th Phase 1 of the projeet and prior to the �sstianee of b"ilding permits when the ADT on Los, Altos Road reaches 500 vehicles per day, with the development of the' 27th. lot in Phase 1, or within three (3) years-.-of the issuance of building permits for Phase 1, whichever is earlier. The left-turn lanes for the driveways accessing Lots 109-112 shall be constructed with the development of Ony portion of Lots 109-112 . 6 . Vehicle refuge lanes shall be constructed for!' vehicles turning left onto State Highway 41 from both Los Altos Road and the driveway serving Lots 109-112 . Improlvement plans for the refuge lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval. of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed with Phase 1 of the projeet and prior to the - ---anee of b"ilding permits when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The vehicle refuge lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 7 . The improvements required to achieve a minimum of 550 feet of sight distance shall be constructed at the; intersection of Los Altos Road and State Highway 41 and at' the intersection of the driveway serving Lots 105-112 and State Highway 41 . Improvement plans for the site distance improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. 0000,6.) EXHIBIT C Page 10 of 13 The site distance improvements for Los Altos Road shall be constructed with Phase 1: of- the prejeet and prier to the issuanee of building permi when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The site distance improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 8 . Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the.. -approaching intersection with Los Altos Road and the driveway serving Lots 109-112 . Signage shall be installed which -indicates a left-turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The signage improvements for Los Altos Road shall be constructed with Phase 1 of the projeet and prier to the I --u-ne, of building permits when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The signage improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 9 . Designated right-turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112 . Improvement plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right-turn lane for Los Altos Road shall be constructed with Phase 1 of the projeet and prier to the issuanee of building permits when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The right-turn lane for the driveways accessing Lots 109-112 000070 EXHIBIT C Page 11 of 13 shall be constructed with the development of any portion of Lots 109-112 . 10 . Curve widening shall be constructed on the following roads where curve radii is less than 200 feet . Curare widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. Cenegal Road from Laurel Avenue to the project boundary. The curve widening shall be constructed w�th the development of Phase 2 of the prejeet and prior to the issuenee of building perm4:ts when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the'i38th. lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. 11 . Where an adequate walkway does not exist, a 3foot wide decomposed granite pedestrian walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan. The 3 foot wide pedestrian walkway shall be constructed with the development of Phase 2 of the projeet and� prier to the I --u-nee of building pern4ts when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the 38th. lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. G. Drainage 1 . All drainage improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by', the City . Engineer. 000071 EXHIBIT C Page 12 of 13 2 . A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits . A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 3. An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City -Engineer. Erosion control measures shall be in-place between October 1 and April 1 . Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA) , the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) . H. Utilities 1 . All relocation and/or alteration of existing utilities shall be the responsibility of the applicant . 2 . The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans . 3 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal . Utilities shall be extended to the property line frontage of each parcel or its public utility easement . 4 . Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. I. General 1 . A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site . A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with 000072 ,nj EXHIBIT C Page 13 of 13 the plans and the preliminary report . 2 . All improvements shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees'' mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved...by the City Engineer. The Guarantees posted for this project shall be approved by the City Attorney. t 3 . A Mylar copy and a blue line--print of -as-built improvement plans, signed by the registered engineer who prepared the plans, shall be- provided to the City Engineer'!, prior to the Final Inspection. 4 . The applicant shall acquire title or interest' in any off- site land that may be required to allow for the construction of the improvements . The applicant shall bear all costs associated with the necessary acquisitions . 5 . All improvements shall be completed or bonded, for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a deferred agreement Performtance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney. 0000"x=3 A i i l a 1 I I Page 1 i REPORT TO CITY COUNCIL Meeting Date: 2/28/94 CITY OF ATASCADERO Agenda; Item: C-1 Through: Andy Takata. City Manager i From: Bradford Whitty. Finance Director SUBJECT: Consideration of a 3-year contract extension reouest between the City of Atascadero and Wil -Mar Disposal Inc;. RECOMMENDATION: Staff recommends City Council extend Wil -Mar' s franchise agreement for an additional three years with ;the approved agreement changes attached and outlined in Resolution 19-95 . BACKGROUND: i In October , 19911 Wil-Mar and the City of Atasc4dero entered into a solid waste collection franchise agreement . This agreement outlined in Paragraph 31 page 11 stated " if Franchisee (Wil-Mar) has faithfully performed under the terms and conditions of this agreement for any period of three years , Franchisee may request the City Council o extend the term of this agreement for an additional three ears The law firm of Wright & Sanders has requested Ithe extension on behalf of Wil-Mar in a letter addressed to the City Manager . (See Attachment A) To date , Wil-Mar appears to have been faithfully performing to the terms of the agreement . DISCUSSION• Wil-Mar ' s emphasis for extending the agreementlat this time is because the company needs to secure long-term ,financing for major equipment purchases , some of which is bung driven by State mandates . Wil-Mar has a better opportunitfor securing a loan from a financial institution if it can demonstrate a long-term cash flow stream to allow recovery lof costs . A letter from Wil-Mar' s accountant , David K. Smith CPA, emphasizes this point . (See Attachment B) /u/brad/wi lmar3y.agd 1 000074 Page 2 Agenda Item: C-1 (Continued ) The cover of the original agreement dated October 8 . 1991 shall state . "as amended by Resolution 19-95" , with the resolution attached to the end of the agreement . Staff has not discussed the refund calculation method with Wil-Mar at the time of this report . However , staff is satisfied with the calculation method presented on the first page of Mr. Smith's letter dated January 19, 1995 . This will be confirmed with Wil-Mar at a later date and will be brought to council under separate cover . s� /u/brad/wi lmar3y. agd 000075 a i REPORT TO CITY COUNCIL Meetiog Dater 02/28/95 CITY OF ATASCADERO 'Agenda Item : C-2 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: l i Appointment of a Youth Representative and Alternate to the Parks &Recreation Commission. r 1 RECOMMENDATION: 1 . Select a Youth Representative and Alternate 2. Adopt Resolution No. 18-95 formalizing the appointments. BACKGROUND: 7 On February 13, 1995, a City Council subcommittee consisting of Mayor Bewley, Councilmember Johnson, Parks & Recreation Commissioner Joanne Peters and Commission Chairman George Beatie interviewed five out of six students who - applied (one teen failed to show for his interview and indicated to me he was no longer interested). The subcommittee's charge, per Resolution 109-90, is to recommend three finalists to the City Council for selection. j i DISCUSSION: l The subcommittee found each student to possess fine qualities and their initiative and willingness to serve the City is commendable. It's important to note that each student was asked if they were not selected would they bel willing to serve on a youth steering committee to provide input to the appointed reloresentative. They each indicated that they would be willing to do this. j In addition to appointing one representative,the subcommitt a is recommending that the City Council appoint an alternate. It is suggested that the alternate attend the Commission meetings and stay abreast of issues so that if tl�e appointed youth representative is not able to fulfill his/her term, the alternate could easily step in. 1 i j i r 1 i 000082 Report to City Council Agenda Item #C-1 Page 2 Meeting Date: 02/28/95 The subcommittee hereby recommends the following three finalists: 1 . Christina Kays 2. Yasmin Jones 3. Shannon Rosenberg It is further recommended that Christina Kays be appointed the Youth Representative and Yasmin Jones the alternate. Attachments: 3 Applications Resolution No. 109-90 Resolution No. 18-95 0000F33 RESOLUTION NO. 18-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING AN EX-OFFICIO YOUTH MEMBER AND ALTERNATE TO THE CITY'S PARKS & RECREATION COMMISSION WHEREAS, Resolution No. 109-90 was adopted on August 28, 1990 creating ex-officio youth members on certain City commissions and committees; and WHEREAS, there does exist a vacancy on the Parks & Recreation Commission for a youth member; and WHEREAS, the City Clerk did solicit interest-and resident Youths between the ages of sixteen and eighteen to apply; -and WHEREAS, the City Clerk did receive six applications; and, WHEREAS, a City Council subcommittee did, on February 13, 1995 interview five applicants and have forwarded a recommendation to the City Council for selection, as set forth in Section 4. of Resolution No. 109-90. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero to appoint as the Ex-Officio Youth Member of the Parks & Recreation Commission and as the Alternate. Each student will serve a one-year term and may be re-appointed if they continue to meet the specific qualifications. 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: s 000084