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Agenda Packet 02/11/1997
MAR OR SON CITY CLERK ATASCADERO CITY COUNCIL REGULAR MEETING FEBRUARY 11, 1997 CITY ADMINISTRATION BUILDING 6'500 PALMA AVENUE, 4T" FLOOR ROTUNDA RO M_ 7:00 P.M. George Harold Ray [J�erryCarden Johnson Lerno This agenda is prepared and posted pursuant to the requirements oF Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A retarraf to staff with specific requests for information;continuance specific direction to staff concer ing the policy or mission of the"item; discontinuance of consideration, authorization i o enter into negotiations and execute agreements pertaining to the item; adoption orapproval; and, disapproval. Copies of the staff reports or other documentation relating to each ite n of business referred to on the agenda are on file in the office of the City Clerk (Room2t8) and in the Information Office (Room 103), available forpublic inspection during City Ha#b siness hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City. Manager's Office, (805) 461-5010, or the City Clerk's Office, f805) 461-5474 Notification' 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. 6:00 P.M. - SPECIAL SESSION: • MID-YEAR FY1996/97 BUDGET REVIEW 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici ation back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENTS COMMUNITY FORUM A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by:one motion in theform 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 adopticn of the Consent Calendar.- 1. alendar:1. CITY COUNCIL MINUTES - December 1>0, 1996 (City Clerk's recommendation: Approve) 2. TENTATIVE PARCEL MAP 96012, 6060 SAN GABRIEL ROAD - Consider application to divide an 8.46 acre original Colony lot into two (2) new parcels of 4.32 and 4.14 acres for single-family residential use (Rede)/Sholders) (Planning Commission/Staff recommendation: Approve) F B. - PUBLIC HEARINGS: None scheduled. C. REGULAR BUSINESS; 1. RESOLUTION NO. 17-97 - Authorizing an agreement between the City and David M. Griffiths & Associates, Ltd. for executive recruitment services (Staff recommendation: Adopt) 2. RESOLUTION NO. 14-97 - Authorizing City Manager to enter into agreement for City Attorney services (Staff recommendation. Adopt, or provide direction) 3. ECONOMIC VITALITY CORPORATION A. Resolution No. 15-97:- Authorizing the execution of an agreement with the Economic Vitality Corporation of S.L.O. County to administer the City's Revolving Loan Fund Block Grant (Staff recommendation: Adopt) B. Resolution No. 16-97 .- Authorizing the execution of an agreement with the Economic Vitality Corporation of S.L.O. County to provideEconomic Development Services (Staff recommendation: Adopt) 4. AMERICANS WITH DISABILITIES ACT A. Resolution No. 11-97 - Approving the reallocation of $5,000 in the 1995-96 CDBG funds for preparation of Americans with Disability Act (ADA) reports (Staff recommendation: Adopt)' B. Resolution No. 12-97 - Authorizing the execution of an agreement with Phillips Metsh Sweeney Moore Architects for preparation of the City of Atascadero's Self-Evaluation and Transition Plan Reports (Staff recommendation: Adopt) 5. GRAVES CREEK RECONSTRUCTION PROJECT (Staff recommendation: Approve revised scope of work) 6. MEMBERSHIP OF THE AD HOC DEVELOPMENT REVIEW COMMITTEE (Staff recommendation: Reaffirm membership & make appointments to two vacancies) 7. ORDINANCE NO. 319 -Amending Map 23 of the official zoning maps by rezoning , 'certain real property at 10920 EI Camino Real from RMF/16 to RMF/16 (PD7) (ZC 96011: Nichols/Charnley/Sholders)- (Planning Commission/Staff recommendation: Motion to waive reading in full and adopt on second reading by title only) 2 8. ORDINANCE NO. 320 - Adding Section 4-2.1019 to the Atascadero Municipal Code, prohibiting skateboard and rollerblade cruising (Staff/City Attorney's recommendation: Motion to waive reading in full and adopt on second reading by title only) ` 9. ORDINANCE NO. 321 Providing for the regulation of newsracks and repealing sections inconsistent therewith (City A ttomey's recommendation. Motion to waive reading in full a 17d adopt on second reading by title only) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. County Mayors Group 2. S.L.O. Council of Governments/S.L.O. Regional:Transit Authority 3. City/School Committee 4. County Water Advisory Board/Nacimiento Water Purveyors Adviso y Group 5. Economic Round Table` 6. Finance Committee 7. Air Pollution Control District 8. North County Council 9. Ad Hoc Regional Water'Management Committee 10. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk -Authorize recruitment for City representative on Citizens' Transportation Advisory Committee 4. City Treasurer 5. City Manager F. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 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). ' 0 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. 0 No,person shall be permitted to make slanderous, profane or personal 'remarks against any electedofficial, commissions and staff. 0 A person may speak for five (5) minutes. 0 No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 0 Council Members may question any speaker; the speaker may respond but, after,the allotted time has expired, may not initiate further discussion. 0 The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O ` TheCommunity t Forum is provided to receive 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. 0 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 Agenda Item: A-1 Meeting Date: 497- 2/11/97 ATASCADERO CITY COUNCIL DECEMBER 10, 1996 MINUTES 6:30 P.M. - CLOSED SESSION: 1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Closed session held pursuant to Government Code Section 5495.9 Name of case: McHale v. City of Atascadero, et a! ! ! The Closed Session adjourned at 7:12 pm. There was no action taken. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Session to order at 7:16 p.m. and Councilman Lerno led the Pledge of Allegiance. { ROLL CALL: I Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson ! Absent: None Others Present: Marcia M. Torgerson, City Clerk Staff Present: Andy Takata, City Manager; Brady Cherry, Community Services Director; Roy Hanley, Deputy City Attorney; Steve beCamp, Acting Community Development Director; Lt. Bill Watton, �cting Chief of Police; John Neil, Assistant City Engineer; Cindy H Iton, Deputy City Clerk COUNCIL COMMENTS: i • Review committee appointments Mayor Johnson referred to his memo (Exh. A, attached), which lists nevy committee assignments. Councilman Clay shared an editorial from Monday's SLO Co. Telegram-Tribune, written by John Moore, which commended the success of a number of Atascadero High School's programs—athletic, musical, agricultural and academic. He also sharedhat several speakers at the recent Cal Poly Sports Luncheon, held at the Pavilion, commented on the special character of the Atascadero community which is reflected in the success of our local youth programs. COMMUNITY FORUM i Rush Kolemaine, Box 1990, Atascadero, asked what the Council committee assignments are. Mayor Johnson read the list from his memorandum (Exh. A, referenced above). CC 12/10/96 Page 1 Howard Marohn, 9265 Barranco Heights, referred to Item A-7 on the Consent Calendar. He referred to the construction of sewer lines approx. 1 % years ago by Whitaker Con- tractors on San Gabriel Road, between Hwy. 41 and Monita Ave., which has resulted in a poor, unsafe road condition there. He reported that the trench line and laterals continually fail and create traffic and pedestrian problems. He requested that the Council take corrective action within their contract warranty timeframe. John Neil, Asst. City Engineer, responded that the problem resulted from high groundwater in the subject area. It was unforeseen by Whitaker and was beyond the scope of the contract. The situation is being monitored by the City's street maintenance division. The soils engineer has recommended letting it settle as much as a full season to compact the soil. John added that there is money budgeted (from development impact fees) to effect repairs, however staff is trying° to let it settle as much as possible. The warranty period is scheduled to expire in July. Mayor Johnson directed staff to report back on the status of the situation and what plans there are for the completion of the contract following winter rains. Councilman Luna recalled problems with Whitaker concerning the EI Camino Real median, and he asked what is the process on awarding a bid.. Roy Hanley responded that the City is required to take the lowest responsible bidder. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES October 8, 1996 (cont'd from 11/26/96) (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting) (cont'd from 11/26/96) (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - November 12, 1996 (City Clerk's recommendation: Approve) 4. CITY COUNCIL MINUTES - November 20, 1996 (Special Meeting) (City Clerk's recommendation: Approve) 5. APPROVAL OF WARRANTS - November, 1996 (Staff recommendation: Approve) 6. TENTATIVE TRACT MAP 96002, 1950 TRAFFIC WAY - Consider application to divide an existing 7.36-ac. lot into two (2) parcels of 2.95 and 4.411 acres for single family residential use (Barrett/Daniel J. Stewart & Associates) (Planning Commission/Staff recommendation: Approve) 7. RESOLUTION NO. 107-96 - Authorizing an agreement with Whitaker Contractors, Inc., for construction of wastewater gravity main across Atascadero Creek (Bid #96- 07) (Staff recommendation: Adopt) 8. RESOLUTION NO. 108-96 - Authorizing an agreement with A-Jay Excavating for construction of Wastewater Pumping Station No. 5 Forcemain (Bid #96-08) (Staff recommendation: Adopt) 9. RESOLUTION NO. 109-96 - Approving salaries & benefits for Confidential employees (Staff recommendation: Adopt) CC 12/10/96 Page 2 • 10. RESOLUTION NO. 110-96 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Fire Captains Bargaining Unit (Staff recommendation: Adopt) 11. RESOLUTION NO. 111-96 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Firefighters Association (Staff recommendation: Adopt) Mayor Johnson announced that Councilmen Clay and Lerno will abstain from the vote on Items A-1, 2 and 3, since they were not seated on the Council during the subject meetings. Councilman Luna pulled Items A-6 & 7, Councilman Clay pulled Item A-4, and Roy Hanley pulled Item A-1 for separate discussion. Motion: By Councilman Luna, seconded by Councilman Carden, to approve Consent Calendar Items A-2, 3, 5, 8, 9, 10 & 11. Motion passed 5:0 by roll-call vote, 3:0 on Items A-2 & 3, with Councilmen Clay and Lerno abstaining. Re: Item A-1: Roy Hanley, Dep. City Attorney, referred to p.1 of the proposed 10/8/96 Council Minutes. He clarified that he had reported that airline tickets for the City Manager and Mayor had been made for a trip to Sacramento and that the tickets were booked on Delta Airlines. Delta Airlines runs their Master Card charges through their home office in Atlanta, so the bill read Atlanta (the tickets were not erroneously charged to Atlanta). No tickets to Atlanta were ever purchased or charged. The tickets were, in fact, not used and the City received a full refund. • Motion: By Councilman Carden, seconded by Councilman Luna to approve the City Council Minutes of October 8`h, with the correction as noted above; motion passed by 3:0 roll-call vote, with Councilmen Clay and Lerno abstaining. Re: Item A-4: Councilman Clay requested there be additional dialogue reflected in the Minutes of 11/20/96 (City Clerk interviews). Mayor Johnson continued this item to a future meeting in order to make the requested amendments. Re: Item A-6: Councilman Luna said he pulled this item for clarification of concerns per- taining to drainage calculations. He asked if the public was properly notified, to which Steve DeCamp responded in the affirmative. Councilman Luna asked horny the development will be assured to not impact other properties in the area. John Neil, Asst. City Engineer, reviewed staff's approach to mitigating drainage concerns. Councilman Luna clarified that his concern is that the integrity of the drainage swale be protected as the property is developed. Motion: By Councilman Luna, seconded by Councilman Clay to Approve Consent Calendar Item A-6. Motion passed by 5:0 roll-cal/ vote. Re: Item A-7: Councilman Luna noted this matter was noted as an emergency situation back in July and was hoped to be completed by October. He requested Clarification as to why the delay. John Neil responded that staff selected a consultant to prepare the plans & necessary permits, and the permit from the Army Corps of Engineers was applied for in July but was not received until late October. In addition, the plans were not within the schedule proposed by the consultant, which delayed it slightly and it got',into the rainy season. Now, the repairs cannot be initiated until the creek levels recede. He further explained that there is the ability to bypass the line in order to keep it from rupturing. Mark CC 12/10/96 Page 3 i I Markwort said he has contacted the Regional Water Quality Control Board and discussed. the concerns,of a potential breakage. The line is still intact, and Mark added that it would take a large expenditure of funds to effect a bypass the entire winter. Staff responded to additional questions from Councilman Luna-. 'Councilman Carden asked what type of review staff does to ensure that all aspects of the bid specs are accounted for in the work cost estimate, to which John Neil responded. Motion: By Councilman Luna, seconded by Councilman Carden to adopt Item A-7, Resolution No. 107-96. Motion passed by 5:0 roll-call vote. B. PUBLIC HEARINGS: 1. CONSTRUCTION OF BIKE LANES AND BIKE ROUTES (Planning Commission recommendation: Authorize staff to complete the design and advertise for bid the El Camino and Traffic Way Bikeway Projects) John Neil, Asst. City Engineer, provided staff report and responded to questions from Council. Public Comment Rush Kolemaine, Box 1990, Atascadero, addressed the issue of proper notification to business owners in the areas affected. He feels there is a flaw in the process and that business owners should be treated as a separate entity in the City. Mike Jackson, 5502 Ensenada, expressed concern about the feasibility of a bikelane on Traffic Way, noting the heavy industrial and truck traffic there. Staff noted that there are • no parking impacts in the area cited by Mr. Jackson and that alternative transportation was one intent of the funding for the construction. Sandra Southwith Parker, Huer Huero Rd., Creston, who owns property on Traffic Way, asked which side(s) of the street the bike path will be on along Traffic Way, to which John Neil responded. Steve Devencenzi, SLOCOG, credited Scott Edens of COG staff for his work on this project and congratulated City staff on a good project. He made additional comments concerning future possible bikelane improvements and responded to questions from the Council, including discussion on potential future improvements and funding. Members of Council commended staff for their work on this project. A letter of support for the bikelanes from the BIA is attached as Exhibit B. Motion: By Councilman Luna, seconded by Councilman Clay, to authorize staff to complete the design and advertise for bid the E1 Camino Real Bikeway Project. Motion passed by 5:0 roll-call vote. Motion: By Councilman Luna, seconded by Councilman Clay, to authorize staff to complete the design and advertise for bid the Traffic Way Bikeway Project. Motion passed by 4:1 roll-ca/l vote, with Councilman Lerno opposed. CC 12/10/96 Page 4 . 2. GENERAL PLAN AMENDMENT 96001/ZONE CHANGE 96003, 9505 EL CAMINO REAL A. Resolution No. 96-96 - Approving an amendment to the land use map by changing the land use designation of certain real property at 9505 EI Camino Real from Retail Commercial to High Density Multiple Family Residential (Planning Commission/Staff recommendation: Adopt) B. Ordinance No. 317 - Amending the official City zoning map by rezoning certain real property at 9505 EI Camino Real from CR (Commercial Retail) to RMF-16 (High Density Multiple Family Residential) (Planning Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) Steve DeCamp provided staff report and responded to questions from Council. Steve was asked if there was a potential for an application for a planned development if the change for multi-family designation is approved. He responded, yes, but clarified that there have been no discussions with this applicant or anyone else on that potential.;. The subject of access to the property was also discussed. Public Comment Sandra Southwith Parker, Huer Huero Rd., Creston, asked if the slope of the property was used to determine the density maximum. Steve DeCamp responded yes and that a staff member estimated the slope at 10% based on topographical maps. Motion: By Councilman Carden to adopt Res. No. 96-96, as per staff f recommendation, seconded by Councilman Lerno: Motion passed by 5:0 roll-call vote. Motion: By Councilman Carden to waive the reading Ord. No. 317 in full and introduce it on first reading by title only, seconded by Councilman Lerno. Motion passed by 5:0 roll-call vote. 3. GENERAL PLAN AMENDMENT 96002/ZONE CHANGE 96004, 5802 TRAFFIC WAY A. Resolution No. 97-96 - Approving an amendment to the land use map by changing the land use designation of certain real property at 5802 Traffic Way from Downtown Pedestrian Commercial to High Density Multiple Family Residential (Planning Commission recommendation: Deny/Staff recqmmendation: Adopt) B. Ordinance No. 318 - Amending the official City zoning map by rezoning certain real property at 5802 Traffic Way from Downtown Pedestrian Retail Overlay to RMF-16 (High Density Multiple Family Residential) (Planninq Commission recommendation: Deny/Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) Steve DeCamp provided the staff report and responded to questions from the Council on potential uses of the subject property. • CC 12/10/96 Page 5 i Public Comment . Rex Hendrix, applicant, noted the difficulty of the lot due to its steepness, particularly with respect to creating parking. He expressed he is somewhat indifferent to the zoning, and it seems it would be more useful as a multiple zone rather than commercial. Sandra Southwith Parker, Huer Huero Rd., Creston, who owns a neighboring property, conveyed that the applicant determined a 19% slope, and she determined it to be 22%. She feels the City should make the determination in order to decide the best use for a multi-family use of the property. She also asked for clarification on parking requirements for a multi-family project there, to which Mr. DeCamp responded. Ms. Southwith Parker commented that the City should be concerned with the amount of potential revenue that could be gained from the property, based on the number of units and its use. Motion: By Councilman Luna to deny GPA 96002 and ZC 96004, seconded by Councilman Clay. Motion failed by 2:3 rol%call vote, with Councilmen Carden, Lerno and Johnson opposed. Motion: By Councilman Carden to adopt Res. No. 97-96, as per staff recom- mendation, seconded by Councilman Lerno. Motion passed by 3.2 roll-call vote, with Councilmen Clay and Luna opposed. Motion: By Councilman Carden to waive the reading of Ord. 318 in full and introduce it on first reading by title only, seconded by Councilman Lerno. Motion passed by 3:2 roll-call vote, with Councilmen Clay and Luna opposed. C. REGULAR BUSINESS: 1. RESOLUTION NO. 106-96 - Authorizing the cancellation of debt to the City's General Fund from the Atascadero Community Services Foundation (Staff recommendation: Adopt and provide direction) Brady Cherry provided staff report. There was no public comment. Motion: By Councilman Luna to adopt Res. No. 106-96, seconded by Councilman Lerno. Motion passed by 5:0 roll-call vote. 2. EQUIPMENT PURCHASE - AB 3229 Grant Funds (Staff recommendation: Approve) Acting Police Chief Bill Watton provided staff report and respondedonded to questions from the Council. Councilman Carden voiced concern about using a one-year grant to commit general fund expenditures into the future for unspecified time periods. He reiterated that Council has previously requested vehicle maintenance costs versus new vehicles, and he asked for this information in order to clearly analyze the costs. Public Comment Rush Kolemaine, Box 1990, Atascadero, asked if there is a possibility of a similar grant award in the future to assist the City in paying for leased vehicles. Lt. Watton responded CC 12/10/96 Page 6 that the program is ongoing, but the money is allocated each year. Mr. Kolemaine shared Councilman Carden's concern about making capital investments that would have to be paid in succeeding years, noted above, and encouraged that annual grant funding be applied for. He suggested the Council consider reducing,`at mid-year, the Police Department's budget allotment for capital equipment by the amount they received through the State grant. Donald Jones, 4585 Viscano, asked if the Legislature continues to authorize grant funds, can they be used to pay for existing expenses, such as an ongoing lease`. Lt. Watton responded yes. Motion: By Councilman Luna, seconded by Councilman Lerno, to approve the purchase or lease of the listed equipment. Motion passed by 5:0 roll- call vote. 3. SCHEDULE A DATE FOR CITY COUNCIL WORKSHOP ON THE DIAL-A-RIDE PROGRAM (Staff recommendation: Set date at Council's discretion) Brady Cherry provided staff report. Council consensus was to place this topic on a regular meeting agenda after the first of the year. Andy asked that staff be given the flexibility to schedule a special meeting, should it become necessary, in order to meet the goal of addressing this by March, when the budget process begins. Councilman Carden suggested that a bulletized list of discussion topics be provided to the Council and that the new Council members be given a copy of the DAR contract. Councilman Luna noted that many targeted funds are used for transportation needs, and the Council will need to review what discretion they have on the various funds the City receives. Councilman Carden requested that the SLORTA funding formula information be available as well. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): S.L.O. County Mayors Group - Ray Johnson reported that this group meets each month and he solicited input from the Council on any issues they would like to take to the mayors. Councilman Luna expressed concern over how sales tax is appropriated in the state (point of sale), which fosters competition between cities for large commercial developments that slowly erode the individual community's character. He would like to see;the mayors discuss joining together to support legislation (e.g., Sen. Montoya's bill) that would apportion some of the sales tax on a per capita basis. Andy suggested approaching local legislators on this subject. Councilman Carden agreed and encouraged that the League of Cities be lobbied, as well. SLOCOG/SLORTA - Councilman Carden reported next meeting is January 8th. At that time, they will be introducing areas for traffic circles and their use in this area. Finance Committee - Councilman Luna suggested the warrants be expressed clearer so there is relevance between the accounts shown and the actual budget expenditures. Andy Takata suggested the Finance Committee meet in the near future in preparation for mid- year review. • North County Council - Mayor Johnson reported the future of this body is uncertain, as the key founder is no longer in office. Councilman Carden proposed that the Mayor discuss CC 12/10/96 Page 7 with the new Mayor of Paso Robles issues of mutual concern and that it might be helpful to keep such discussions at the city council level without involving multi-agencies/-districts. Integrated Waste Management Authority - Councilman Luna announced that Atascadero has been nominated for a solid waste reduction.award by an engineering firm, and he will be attending the awards luncheon on Dec. 19tH E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council - Councilman Luna noted an FPPC regulation that requires planning commis- sioners to step down on issues when $250 or more was received from a campaign contribution by someone who brings a matter before them. In view of the fact that three of the City's Planning Commissioners were Council candidates in the recent election, he suggested that information be passed along. Mayor Johnson announced new Council members need to make appointments to the Economic Round Table. Councilman Clay requested a calendar of the various committee meeting times & locations. City Attorney - Roy Hanley said he will either attend or obtain the materials from a League of CA Cities conference concerning the passage of Prop. 218, to be held in mid-January. He and Art Montandon have both written opinions on the ramifications of this legislation. He will make a report following the receipt of the conference information. City Clerk: Request authorization to advertise vacancy (Specialty Contractor Member) on Appeals Board - Council consensus was to authorize advertising for the vacancy. City Manager - Andy Takata noted that the terms of Planning Commissioners Bowen and Edwards are due to expire in February. He also reported on staff changes to assist in the Finance Dept. and that the skateboard ordinance will be the big item on the next agenda, before which there will be meetings to attempt to work out a compromise to the issues. Andy announced that he has contacted a consultant, who is available during part of December and January, and encouraged the Council utilize him to facilitate a goal-setting workshop. The cost would be $3,000 and there is training money available. Andy also asked which members of the Council have computers, so he can facilitate their access to the City e-mail system. THE MEET/NG ADJOURNED AT 10:14 P.M. TO THE MEET/NG OF JANUARY 14, 1997. MINUTES RECORDED BY: PREPARED BY: MARCIA M. TORGERSON, City Clerk CINDY L. HOLTON, Deputy City Clerk • CC 12/10/96 Page 8 City Council Minutes MEMORANDUM 12/10/96, Exh. A • To: City Council Members Date: 12/10/96 From: Ray Johnson, Mayor Subject: Committee Assignments Based on your responses, following is the list of committee assignments: Committee/Agency Meets Appointee Alternate City-School Committee 3rd Thurs., 1:30 Ken Lerno George Luna Atascadero Traffic Committee 3rd Wed., 3:30 George Luna Jerry Clay City Hall SLO Council of Govts. 1 st Wed., All day Hal Carden Ray Johnson (SLOCOG) SLO SLO Regional Transit Hal Carden Ray Johnson Authority (SLORTA) Finance Committee/Liability As called George Luna Claims Review City Hall Hal Carden Economic Round Table 3rd Wed., 7:00 am Ray Johnson Ken Lerno City Hall County Water Advisory 1 st Wed. Jerry Clay Staff Board SLO Nacimiento Water Purveyors' 3rd Thurs., 10 am Jerry Clay George Luna Contract Technical Advisory Group SLO Integrated Waste Management Authy. 2nd Wed., 1:30 pm George Luna Staff SLO (every other month) North County Council Quarterly, dates deter- Ray Johnson mined by NCC Jerry Clay Water Task Force 1"Thurs., 5 pm Ken Lerno Jerry Clay AMWC Staff Air Pollution Control District 4'Wed., odd months Jerry Clay Ray Johnson 9 am, SLO Bd. Chambers County Mayor's Round Table Monthly luncheons Ray Johnson Hal Carden Locations alternate 12/10/1996 15:39 8054665676 JOHN-MACARI PAGE 01 City Council Minute; 12/10/96, Exh. B �-OVpl1 A174.7,4 .9 T S C .q D E Q D _ BUSINESS IMPROVEMENT ASSOCIATION C Atascadero City Council Dec.10,1996 Atascadero,C�i. Gentlemen, The board of directors of the Atascadero Business Improvement Association would litre to go on record as being in favor of•trA proposed bike lanes which are being brought before the council tonight. Sincerely, r Susan Macari PresjdMt BIA !P• O. •30.70 : 607 -1 "S"W"O, C9-"T•04t9VZA 934 3 i 3 1 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda ItOm: A-2 Through: Andrew J. Takata Meeting Date: 02/11/97 City Manager File Numbler: TPM 96012 1 From: Steven L. DeCamp Acting Community Development Director SUBJECT: 1 Consideration of a tentative parcel map application' to divide an 8 .46-acre original Colony Lot into two (2) new parcels of 4 . 32 and 4. 14 acres for single family residential use. Subject site is located at 6060 San Gabriel Road. (Dave & Debra Redel/Doug . Sholders) i RECOMMENDATION: 1 Approve Tentative Parcel Map 96012 in accordance wit ' the Planning Commission' s recommendation, and the attached Revised�Condition #15 as recommended by the City Engineer. I BACKGROUND: 1 The Planning Commission conducted a public hearing pn the above- referenced tentative parcel map request on January 7 ' 1997 . After discussion (see attached minutes excerpts) , the Plann ng Commission voted 7 : 0 to approve Tentative Parcel Map 96012 in adcordance with the Findings of Approval and Conditions of Approval; contained in the staff report, dated January 7, 1997 . At the public hearing, the Planning Commission discussed, and the public testimony supported, alternate road improvement conditions . Based upon the Commission' s recommendation, a revised condition has been prepared and is attached hereto for your consideration. SD:ph i Attachments : City Engineer Memorandum Revising Co4dition #15, dated January 20, 1997 Planning Commission Staff Report - January 7, 1997 Minutes Excerpts - January 7, 1997 1 I i I 1 000001 CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS �9s ie 8 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 ' Fax:(805)461-7615 MEMORANDUM DATE: January 20, 1997 TO: Steve DeCamp, Community Development Director FROM: John Neil Assistant City Engineer -ki� At-12, 1 1MN SUBJECT: 6505 San Gabriel TPM#96012 - PM AT 96-087 COMMUNITY DEVELOPMENT Completeness Review No.1 Conditions of Approval The following is a revised Engineering Division road improvement condition of approval for the subject parcel map. This condition, if approved by the City Council, would supersede that approved by the Planning Commission. The italicized text indicates the proposed changes. Note that if the Council wishes to revise the condition, the improvements required by the revised condition (i.e. improving the unimproved portion of San Gabriel Road) should be required prior to recordation of the parcel map. Therefore, the additional finding should be made that the improvements are needed for the orderly development of the neighborhood. 15 • Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to the recordation of the parcel map. 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 the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include but not be limited to the following: A. San Gabriel Road shall be improved from centerline to the property frontage in conformance with City Standard 404 (Rural Hillside Collector) contiguous to the entire property frontage or as 000002 approved by the City Engineer. The improvements may require • the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be required to achieve a smooth join with existing improvements. All necessary easements and offers of dedication required to construct the improvements shall be recorded prior to, or in conjunction with the parcel map. The applicant shall submit a bonding estimate for the frontage improvements based on City Standard Unit Prices for review and approval by the City Engineer. The bonding estimate shall include estimated costs for design, testing and other costs associated with the construction of the frontage improvements. The applicant may, subject to the approval of the City Engineer, opt to improve the existing unpaved portion of San Gabriel Road which is located between San Marcos Road and the subdivision boundary. Said improvements shall be constructed in lieu of constructing the frontage improvement defined above. At a minimum, the unimproved portion of San Gabriel Road shall be fully improved to City Standard Drawing No. 401 "Rural Local". The applicant shall submit street improvement plans for said portion of San Gabriel road for review and approval by the City Engineer. The applicant shall submit a bonding estimate based on City Standard Unit Prices for said improvements for review and approval by the City Engineer. The bonding estimate shall include estimated costs for design, testing and other costs associated with the construction said improvements. Should the estimated cost of improving said portion of San Gabriel Road be less than the cost of the frontage improvements defined above (based on the bonding estimates), the applicant shall construct other improvements along San Gabriel Road. The location and type of these additional improvements shall be determined by the City Engineer. The total dollar amount of the improvements to San Gabriel Road required by these conditions of approval shall be no less than the amount specified in the bonding estimate for the frontage improvements as defined above. Construction of said improvements does not relieve the requirement for the applicant to record the offers of dedications and easements needed for the frontage improvements as defined above. The improvements for the unimproved portion of San Gabriel Road shall be completed, or bonded for, prior to recordation of the parcel map. • B. A five (5) foot wide offer of dedication for public right-of-way purposes shall be provided contiguous to the entire property frontage. The offer of dedication shall be recorded prior to, or in • conjunction with, the parcel map. F C. Slope easements shall be provided as needed to accommodate cut or fill slopes. Please call if you have any questions regarding the above. AT96087.CN D 000004 CITY OF ATASCADERO Item: B . 3 • STAFF REPORT FOR: Planning Commission Meeting Date: January 7, 1997 BY: Gary Kaiser, Associate Planner G'"''`l File No: TPM #96012 SUBJECT: Consideration of a tentative parcel map application'; to divide an 8.46-acre original Colony Lot into two (2) new parcels of 4.32 and 4. 14 acres for single family residential use. RECOMMENDATION: Staff recommends: 1. That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; 2. That Tentative Parcel Map #96012 be approved based on the Findings for Approval contained in Attachment F and the Conditions of Approval contained in Attachment G- A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Dave and Debra Redel 2. Representative. . . . . . . . . . . . . .Sholders Land Surveys 3. Project Address. . . . . . . . . . . . .6505 San Gabriel Road 4. Legal Description. . . . . . . . . . .Lot 32, Blk. 15, A.C. 5. Site Area. . . . . . . . . . . . . . . . . . .8.46 acres (grass) 6. Existing Use. . . . . . . . . . . . . . . .Single Family Residence 7. General Plan Designation. . . .Suburban Single Family 8. Zoning. . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 9. Environmental Status. . . . . . . .Negative Declaration posted December 17, 1996 • 1 000005 B. ANALYSIS: i The project site is an original Colony Lot located on the east side of San Gabriel Road, approximately 2,500 feet north of its junction with San Marcos Road (Attachments A & B) . The applicant wishes to subdivide this 8.46-acre site into two (2 ) lots: a 4.32-acre lot to encompass the existing single family residence and accessory barn, and a 4. 14-acre lot to be available for future single family residential use (Attachment C) . Site Conditions A broad yet gentle swale occupies the front portion of the site, separating building site areas from San Gabriel Road. From the swale, the site slopes upward to form a knoll. Roughly half the site' s acreage is then on the back side of this knoll, terminating at a small creek that eventually feeds Graves Creek. Although not visible from San Gabriel Road, the "back side" of the site is steeper than the front and heavily-wooded. With an average slope of 28.61%, the site is indeed steep but not steep enough to trigger General Plan policies that, with some exceptions, prohibit the creation of new lots having an average slope of 30%. In this case, even if the average slope of the site was greater than 30% the proposed new lot would still be allowable, as the front 300 feet or so averages less than 20% and would be more than adequate to accommodate a driveway, residence and septic/leachfield system. As shown on the tentative map and apparent in the field artificialads were created d for the construction of the existing residence and barn. That grading could have been avoided or significantly reduced if some combination of retaining walls, stem walls, split level foundations and/or raised floors were used. One of the "Basic Community Goals" contained in the General Plan (Pg. II-1) reads as follows: "Preserve the contours of the hills. Buildings built on hillsides shall conform to the topography using the slope of the land as the basis for the design of the structure. " Staff feels that if the proposed new parcel is created a condition ought to be imposed to ensure that future development includes such hillside design considerations. In addition, it is certainly possible to construct a driveway, residence and septic/leachfield system on the proposed new parcel without having to remove any trees. This too should therefore be made a condition if the project is approved. 2 000006 Access Conditions From its 'unction with San an Marcos Road, the northerly extension of San Gabriel Road is paved and in good condition to the site, with the exception of one intermediate stretch which is unpaved yet acceptable to the Fire Department with respect' to emergency access. Across the frontage of the project site, San Gabriel Road is not paved and only serves the existing residence on the project site. Lands opposite and beyond the project site along either side of San Gabriel Road are part of the Larsen Agricultural Preserve. Notwithstanding the current ;, ag-preserve status of the Larsen Ranch, the paper right-of-way for San Gabriel Road continues to intersect with Santa Lucia Road just east of its junction with Santa Ana Road. According to the County Assessor' s Office, the owners of the Larsen Ranch requested back in 1988 that their Williamson Act Contract not be renewed. Since Williamson Act Contracts take ten ( 10 ) years to expire from the date that nonrenewal is requested, the numerous Colony Lots (some of which may qualify to be further subdivided) will .be ready for development a year from now. Thus, it is likely that the portion of San Gabriel Road that now runs through the Larsen Ranch will be constructed in the near future. The conditions of approval recommended by the City Engineer for the project at hand would require a half-width improvement of San Gabriel Road - to Rural Hillside Collector Standards Attachment D across the frontage of the project site. There is certainly a nexus to require such an improvement; the same "improve-your- frontage-to-City-Standards" condition has been imposed on almost every tentative map approval by the City. In this case, the General Plan speaks specifically to San Gabriel Road and establishes its full construction as a priority because of the vital link that would result connecting the 3-F Meadows area to a future fire station site at the intersection of Santa Lucia and Santa Ana Roads. The City Engineer' s recommendation therefore seems reasonable and appropriate indeed. Planned Land Use and Density The site is within a designated Suburban Single Family area and is presently zoned Residential Suburban (RS) . The minimum lot size in this zone ranges from 2.5 to 10 acres, depending on the characteristics of the site proposed to be divided. For this site, the figure is calculated as follows: 3 00000'7 Lot Size Factor Distance from Center (0 - 8,0001 ) 0.20 Septic Suitability (87 min./inch) 1.50 Average Slope (26-30%) 1.25 Access Condition (all-weather road < 15%) 0.75 General Neighborhood Character ( 1.94 x 0.2) 0.39 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. 09 acres At 4. 32 and 4. 14 acres, each of the proposed parcels comply with minimum lot size requirements. In addition, percolation tests have been provided which confirm that proposed Parcel 2 is suited for a conventional septic/leachfield system. Environmental Review An Initial Study has been prepared which identifies the project' s potential impacts and speaks to their significance with respect to the quality of the physical environment. Staff has found nothing in the record that would indicate the project could have significant effects on the environment and has therefore prepared a draft Negative Declaration for public review. In a nutshell, the project would result in the creation of an additional single family residential /parcel. Associated with the development of that new parcel would be the placement of fill and a culvert for the driveway. With recommended conditions, there would be no significant grading or tree removals associated with future on-site development; however, some fill would be necessary to complete recommended road improvements as would the removal of a large (36" dbh) Oak tree. The placement of this fill does not have the potential to significantly impact environmental quality and the one ( 1) tree removal would be adequately mitigated through Tree Ordinance compliance. CONCLUSIONS• The proposed project complies with all General Plan, Zoning and Subdivision requirements and staff has found no substantial evidence that project approval could have a significant effect on the environment. Considering that the five (5) existing parcels abutting the site average 2.82 acres, and the 108 existing parcels within 1500 feet of the site (general neighborhood character factor) average 1.94 acres, the project indeed seems consistent with surrounding development patterns. 4 000()Ub ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C -- Tentative Parcel Map Attachment D -- City Standard 404 (Hillside Collector) Attachment E -- Negative Declaration Attachment F -- Findings for Approval Attachment G -- Conditions of Approval c: \data\wp\map\tpm96012.sr • 5 ODUU99 ATTACHMENT A LOCATION MAP (GEN PLAN �_..'' � .� 1 �r, r� i r-�.�� H i�r ��� ■ TPM #96012 ei r `-`' '� COMMUNITY DEVELOPMENT DEPARTMENT �� IL 4 .,tip 1_ I \ / ,�li;� I Az At 1 r � =A , :. ,... 000010 ATTACHMENT B r LOCATION MAP (ZONING ��.• � .i i � �r i iri�t ■ TPM 496017 _ • IMII �'�C�M.-• %san RlW''� COMMUNITY DEVELOPMENT .vcr� ;r DEPART(WE,NT a '�'� f ✓ CrT•.d / �.iVN \ . •\ � �`•'y'°� '� •;\AL1 .N°•�,, -�� � • f yl�?-e y - ° •/i�l•«, ---''T�N4 ? •2 �� cis fir' qLA In R St q / O \ •.•+\ — - - _x,84 ' \, �� ` � L� A4 6,, CIE .—_— (_ .t L.l �r�:1.-. .__ -_•-S4N'1.: os � Q \ �F . J o � ,'�;•� '\ i �—. 1' .. a=-',. I�. \ 91 q F. ' 000011 - - ATTACHMENT C ., TENTATIVE PARCEL MAP -5•• � .� i i � �r r� ir�,�� H � �r ��� r ■ TPM #96012 COMMUNITY DEVELOPMENT DEPARTA/1ENT . `~I L� V p•� W Caa g 40 cl ��� , ��'_•1 is r ci � , a �,,I i ♦ ` � U-`NI ` V O. S joola i ATTACHMENT D CITY STANDARD 404 I k J r r i r-A,-i k -A i r I�t, r i TPM #9 6 0 12 _ - - - �' �sc�FA'� COMMUNITY DEVELOPMENT DEPARTMENT REVISIONS DESCRIPTIONS SY!DATE APPROVEDI COUNCIL RESOLUTION NO. 26—P2 3/10/92 1 � I MINIMUM R/W: 40' EXISTING ROADS 50' NEW ROADS t" S' A.0 (TTY.) 1q 2 t 2" A.C. 'ViALKWAYJ i Coe w I * 1 1 WHERE SPECIFIED 4f OR GRAVEL WHEN APPROVED BY ENGR. 6" MIN. CLASS II AS HALT DIKE AND PAV1c0 AGG. BASE (TYP) SHOULDERS TO BE INSTA'.—D WHERE NEEDED TO CONTROL DRAINAGE OR EROSION. NOTE: AS AN ALicR`:ATE THE CHOKER CAN 3E= ELIMINATED AND THE Ai;:;. BASE CARRIED TO THE HINGE POINT. rl•-•� vC nr� c-.. , r R.A.L. n i/�J—A1)CRU --- ------- DESIGNED BY: ENGl'NEERING DEPARTMENT DRAWING NO. S. ------ -- DA), S. TYPICA og� L SECTIONS . ,. . '- 1 r%IJrCHL HiLL_ZiDE Crii I Ef- v :alau4.CTwG 1 T R ATTCHMENT E ^ — NEGATIVE DECLARATICiN H-i it i,x_r i TPM 496012 COMMUNITY DEVELOPMENT DEPARTMENT low 4 '��� •• ��1� vaa a va mama av vaaa�ara�v •nu:'rtt� �a:s,� ENVIROMWEN AT, COORDINATOR NEGATIVE' DEC""LAIRATION N AVE.. ATASCADERO, CA 99-1422 (805) 461-5-035 oaGG rw�L APPLICANT: 6 So ��Sc.Pr►�zo� c� of 3�Zz PROJECT TITLE: "(6JTAII-Ttj6 OI'L PROJECT LOCATION: (,SD S- SA-t,3 C-,4,3i2.1EL D PROJECT DESCRIPTION: p C p e S t'rE- kt ym YW p CZ -�Az C4--Ls a�= �.+� QE s 4=0,2 Sf-t2 use FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-tern environmental goals. 3. The roiect does nor-have impacts which are individually dcrab P - d �t..Lally l:r:ited. ....�,.,,m1!lative!y ..,,....,.,,. DG 1 ZR.'v 7-,' 1T!ON: Based on he at:o:•e fi.^di.^7s, and the InZon-nation contained !n the :,..�`.al stud': a ;.r •..:. •:-awe a pari creo. ;y � er- Mce and on file in the Community Deve!opment Department), it has been dete=.Lned that tl:e above project w ili not have an adverse impact on the environment. c._.... i, Decemp, q_tar? Di4ctor Cummunity Development 'Department Date Posted: l�•Z.�o • (� Date Adapted: •A� CDD I 1-so ., OU0014 I ATTACHMENT F - Findings for Approval . Tentative Parcel Map #96012 6505 San Gabriel Road (Redel/Sholders Land Surveys) December 17, 1996 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for'' the project is adequate. MAP FINDINGS• 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6 . The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. I • c: data ma t m9601 . \ \wP\ p\ P 2 fin 000015 ATTACHMENT G -- Conditions of Approval . Tentative Parcel Map # 96012 6505 San Gabriel Road (Redel/Sholders Land Surveys) January 7, 1997 r CONDITIONS OF APPROVAL: 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the frontage of each parcel or its public utilities easement prior to recordation of the parcel map. Planning Division Conditions: 2. . There shall be no native tree removals associated with the development of proposed Parcel 2, and all grading shall be avoided or kept to an absolute minimum through the use of some combination of retaining walls, raised floors, split- level foundations and stem walls. Fire Department Conditions: 3. The existing wharf hydrant near the site along San Gabriel Road shall be upgraded to current standards, as approved by both the Fire Department and Atascadero Mutual Water Company, prior to recordation of the parcel map. 4 . The new residence on proposed Parcel 2 shall meet Fire Department access and turnaround standards. Engineering Division Conditions: 5. All public improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 6. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 7. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 8. 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 the plans and the preliminary report. o00U16 i A separate document shall be recorded in conjunction with the parcel map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lot. 9. All existing and proposed utility, pipeline, open space scenic or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. 10. The alteration or relocation of existing utilities shall be the responsibility of P y the developer. 11. Utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 12. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. 13. The applicant shall submit a written statement from a registered civil engineer that all work has been completed • and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final '! inspection. 14 . A six (6) foot public utilities easement (PUE) " shall be provided contiguous to the San Gabriel Road property frontage. 15. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the parcel map. 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 the ,pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include but not be limited to the following: a. San Gabriel Road shall be improved from centerline to the property frontage in conformance with City Standard 404 (Rural Hillside Collector) contiguous ,to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. 00007 b. A five (5) foot wide offer of dedication for public right-of-way purposes shall be provided contiguous to the entire property frontage. The offer of dedication shall be recorded prier to, or in conjunction with, the parcel map. C. Slope easements shall be provided as needed to accommodate cut or fill slopes. 16 . All public improvements or improvements in the public right- of-way shall be secured 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 estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 17. The applicant shall construct all drainage facilities to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. 18. Erosion control measures in conformance with the design engineer' s recommendations shall be in place between October 15 and April 15. 19. The applicant shall submit drainage calculations in conformance with City Standards for all proposed drainage facilities swales ditches, culverts, etc. 20. A parcel map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The parcel map shall be signed by the City Engineer prior to it being placed on the agenda for City Council acceptance. 21. A black line clear Mylar (0.4 mil) copy and a blue line print of the parcel map shall be provided to the City upon recordation. 22 . The requirement for the construction of on-site and off-site improvements per these Conditions of Approval shall be noticed by a statement on the parcel map. 23. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. F c:\data\wp\map\tpm96012.con • 000019 MINUTES EXCERPTS Planh Commission Meeting - January 7, 1997 Page 4 o respect o the exterior materials t e used. Architec- tural treent notwiths tandin the approved Precise a Plan allows the construc 'on of a 9,900 square-foot restaurant/brew b. Sub ' ct site is located at 6900 E1 Camino Real. Steve DeCamp reported tha a admi trative review that has been t was not a r riate conducted on this pro " pp given the true size of the building. T e measurements of the uilding measure 11,000 + square feet, ich pushes the project in the next level of review, that eing a Conditional Use Permit, w 'ch will be heard before th Planning Commission at a later date. eve explained that ing a staff report or asking the Planning Com sion for a re c mendation on the appeal at this time is inappropri TESTIMONY: None ACTIO N: None B. 3 . TENTATIVE PARCEL MAP 96012: Consider the application of Dave and Debra Redel (Sholders Surveys) for the division of an existing Colony Lot into two (2) parcels of 4 . 32 and 4 . 14 acres for single-family residential use. Subject site is located • at 6505 San Gabriel Road. STAFF RECOMMENDATION: (Gary Kaiser) The Planning Commission should recommend the following actions for the City Council ' s consideration: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental .;Ouality Act (CEQA) . 2 . That Tentative Parcel Map #96012 be approved based on the Findings for Approval contained in Attachment F and the Conditions of Approval contained in Attachment G. Gary Kaiser provided the staff report and responded to questions from the Commission. TESTIMONY• Dave Redel, applicant - stated that he and his wife support the staff report and accept the Conditions of Approval with one suggested modification to Condition No. 15. Mr. Redel suggested that instead of paving the unimproved roadway in front of his prop- erty, that it might result in a better project to improve the 000020 Planning Commission Meeting - January 7, 1997 Page 5 of 9 intermediate section of roadway between the nearestintersection and his property which is also unpaved. He explained that paving the intermediate section of roadway' would establish a continuous asphalt surface and that the intermediate section of roadway served four (4) homes and the section of roadway in front of his property would only serve his home. Stan Sherwin, neighbor - agreed with the applicant' s: suggestion of improving the intermediate section of roadway instead of improving the roadway in front of the Redel' s 'property. . . . . . . . end of public testimony. . . . . . . Discussion followed regarding the legality of requiring the appli- cants to pave an off-site portion of roadway and- what mechanism, if any, could be used to achieve a paved road- section along the frontage of the subject property. Commissioner Hageman had some questions regarding offers of dedi- cation and slope easements . John Neil responded that the appli- cants have an interest in the property that staff is requiring to be improved and that we can't have the Redel ' s acquire easements on off-site property. Based on John' s explanation, Commissioner Hageman stated that she could not support the applicant' s sugges- tion of modification to Condition #15 . ACTION: Find that the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) . Motion: Wallace Second: Bowen AYES : Wall.ce, Bowen, Sauter, Hageman, Johnson, Edwards, Zimmerman NOES : None ABSENT: None MOTION PASSED: 7 :0 ACTION: Approve Tentative Parcel Map 96012 based on the Findings for Approval contained in Attachment Fund the Conditions of Approval contained in Attachment G. Motion: Zimmerman Second: Wallace 000021 Planning Commission Meeting - January 7, 1997 Page Six of 9 AYES: Zimmerman, Wallace, Johnson, Hageman, Bowen, Sauter, Edwards NOES: None , ABSENT: None MOTION PASSED: 7:0 B. 4 . TENTATIVE TRACT MAP 96011/ZONE CHANGE 96011: Consider the applications of Alva/Annie Nichols and Andrew Charnley (Sholders Surveys) for the creation of a ., ten-lot residential subdivision; nine small lots usin the Planned Development Overlay Zone #7 (PD 7) and e remainder parcel of 3.06. Subject site is locat at 10920 E1 Camino Real. STAFF REC ENDATION: (Doug Davidson) The Planning mmission should_recommend the followi actions for the City Counci ' s consideration: 1 . That the Neg tive Declaration prepared r the project be found adequate under the requirement of the California Environmental Qu ity Act (CEQA) ; and 2 . That Zone Change 960 be recommen d for approval to the City Council based on the 'ndings co ained in Ordinance 319 . 3. That Tentative Tract Map 01 be recommended for approval to the City Council based on t Findings for Approval contained in Attachment G and the n 'tions of Approval contained in Attachment H. Doug Davidson provided t staff report and responded to questions from the Commission. Chairman Edwards as ed John Neil to explain hat improvements the applicant would ve to make to E1 Camino Re 1 to mitigate this project. Johns sponded that, per the Traffic E ineer, the appli- cant would hav to widen the pavement on the east 'de of El Camino Real which w ld allow extension of the two-way le turn lane all the way to an Diego Road. Commis oner Zimmerman asked what the ultimate usage c ld be of the acre parcel that remains . Doug explained that the r aining 3- re parcel would be zoned for High-Density Multiple Famil uses, w ich could mean 16 one-bedroom units per acre, 12 two-be oom nits per acre, or 8 three-bedroom units per acre. Also, a D could be applied for, as well, for the rear parcel. OU0022 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 From: Andrew J. Takata, City Manager Meeting Dat10: 2/11/97 SUBJECT: Executive Search Firm Services for City Manager Recruitment RECOMMENDATION: j I Adopt Resolution No. 17-97, authorizing-an agreement between the City and David M. Griffiths & Associates, Ltd. for executive recruitment services. 1 BACKGROUND: Attached you will find three proposals from executive search firmsa I contacted over four firms. Of those responding, L.B. Hayhurst & Associates and !David M. Griffiths & Associates have both worked with the League of California Cities; L.B. Hayhurst is a fairly new firm, which began in 1994. Their professional fee is $8,500, to be paid in four installments, and they project that the total amount of additional expenses (i.e., costs for production & printing of recruitment materials, reproduction, materials, postage/delivery, travel @ $.32 per mile, long-distance telephone and photocopying) will not exceed $3,500. David M. Griffiths & Associates' professional fee is $13,500, with out-of-pocket expenses not to exceed $4,500. This firm was established in 1976 so, obviously, has extensive experience in conducting city manager recruitments. They have a number of principals who work on the recruitments, which would expedite the turnaround for the City, and they perform a very thorough job on balckground checks. Shannon Davis & Associates propose a base professional fee of $12,500, with out- of-pocket expenses estimated to run between $4,00048,000. 1 believe the City needs an experienced individual to guide it in thefight direction and assist the Council in regard to what their goals are. Therefore, it i� my opinion that the Council should consider retaining D.M. Griffiths & Associates,I due to their vast experience in performing city manager recruitments. 1 AJT:ch 000023 RESOLUTION NO 17-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,CALIFORNIA,AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID M. GRIFFITHS & ASSOCIATES,LTD. FOR EXECUTIVE SEARCH SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with David M. Griffiths & Associates, Ltd., for the purpose of conducting an executive recruitment for a City Manager. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 11 th of February 1997. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JOHNSON,Mayor APPROVED AS TO FORM: ROY A. HANLEY,Acting City Attorney 000024 i REPORT TO CITY COUNCIL CITY OF ATASCADERO A Benda Item: C-2 From: Andrew J. Takata, City Manager Meeting Date: 2/11/97 SUBJECT: City Attorney Recruitment RECOMMENDATION: Adopt Resolution No. 14-97, authorizing City Manager to enter inCto agreement for City Attorney services. BACKGROUND:` Attached you will find a matrix summarizing the seven (7) proposals) received for City Attorney services. Prior to 1992, under Burke, Williams and Sorensen, the City slpent upwards of $80,000 per year on attorney services. In 1992, as a result of lay-offs and budget cuts, the City Attorney agreed to transfer from contract to employee status, which resulted in his wages being cut from $48,000 to $35,000 per year for "unlimited hours". The City also cancelled its $11,000 annual contract with consultants Becker and Bell for employee relations (negotiations and related). Approximately 15-30 hours per week were spent by the previous City 'Attorney on City business. Of that time, office hours and Council time were about 16-26 hours per month. In reviewing the proposals, you will find most quotes similar in lost and service, however, levels of experience vary, as well as location. Firms that are located outside the county will not only charge for travel, meals and lodgin , they also want to communicate by e-mail. These additional expenses must be qonsidered when evaluating the proposals, including the cost of setting up e-mail capa ilities. Also attached is a survey which shows the amounts the other cities in the county pay for attorney services and reflects how those costs relate to the total budget. As you look at the matrix, you will find that the current Acting Citi y Attorney, Roy Hanley, appears to be the lowest in cost of those firms experienced in municipal government law. s' If the Council is satisfied with the legal services from the curr nt Acting City Attorney, staff recommends that his proposal be accepted. Mr. Hanley's proposal is the only one that offers a monthly retainer for unlimited hours, thus it is the least costly option. You will also note that the majority of the proposals in ,Iuded expenses for operation, in addition to the quoted fee. i 000025 If Council is giving serious consideration to more than one firm, then interviews should be scheduled. The firms to be`interviewed should be selected at this City Council meeting. Attached is Resolution No. 14-97 for your use, should the unci) decide to assign the City Attorney at this Council meeting. AJT:ch 2 000026 RESOLUTION NO. 14-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH FOR CITY ATTORNEY SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with to provide City Attorney services. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 11th of February 1997. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, Acting City Attorney 000027 CITY ATTORNEY COMPENSATION SURVEY 1995-96 INFORMATION . 01/10/97 AGENCY AGENCY TOTAL SALARIES/ %OF ATTY POP. AGENCY GENERAL ATTY COSTS TO BUDGET SERVICES BUDGET SANTA MARIA 68,888 $69,991,650.00 $325,000.00 0.004643 LOMPOC 38,139 $49,111,788.00 $230,947.00 0.004702 SLO CITY 42,000 $26,833,000.00 $228,666.00 0.008522 PISMO BEACH 8,200 $17,681,385.00 $100,000.00 0.005656 GROVER BEACH 12,221 $7,739,620.00 $53,625.00 0.006929 ARROYO GRANDE 15,495 $6,220,000.00 $153,714.00 0.024713 MORRO BAY 9,687 $11,705,768.00 $200,000.00 0.017086 PASO ROBLES 21,744 $18,531,400.00 $162,381.00 0.008762 GUADALUPE 6,262 $5,539,756.00 $24,439.00 0.004412 ATASCADERO 25,225 $14,375,000.00 $66,600.00 0.004633 000028 i J p� zVW S as E c 'X OJIL 20 vial vxoi 2c' x U N O _ L QmW or �n an. c Q 'a cc 0 JCD CD� eoo o Coop Coop z2 * CD � 4 � 1.. � W U) uwj aN Yn� 0c WOE? cn Co a) E 35 — � pv N O > V U C L O Oca a LO = O C : N N U N tin L C c O p 'a EN ++ N O N O O e0 co E Ri ++ L O V L L w t ++ ++ �- t N t 0 t �( Rf Oto 0 CD .c t� N N .c d9 -e t _ � � CD CD X r i OQ�f rCD Xr to Cp W). w tR O «+ tc> tH so to d us w0 w .2 c JW M N O F=.. Z 'a � cv p xc 0) CD V zQ m va�>o o ons EWwO O ca � to0 � czw c a �ss c rw a QItz F w C6 c - Ms- VO0rn 0 "-' mU m F- O � o .Ie QQQCCD � � to r 3 ~ C N N O00 o O > m 0Fu 0 _ Q L U. V U > n CL O (� J W X N O U) LLH O N " °a .4) y O 1w C 'C30 CD U O W CL w c _ c ca c m �i rnU ca o � X o � CL N � (D 0 > ai m 0 a a Q w ani c� 0 (n .n � 0 0 E � � E crn � �S E 8 W �- W o OJ Oo CU >, n a� COT O � m m Q - W o � � a � 0 00 U d > cc E •u? 0 U) in E -jC9w UooO c c cU aQ a � 0 Wm .o 0 • �, V W CD co U v N LL• mca > Oo�N O�OmLLL O J 3 "' cco n ac9 a � co ` O _ o N y U E � cc > > >, p ` N m = z co c C Q 6 N cB CL CL E c o t`s >\ E � F4Rad Q 2wca w 2 000029 o _ a m : m c0 a) a) V cOZ W E O -0 — "N = a 0 o " EX oQcLcmC I_ m W o c cu c 8 = o -- w : . F J = m aD a Q. > >, DJX v v cc 'o � 3 Qmw (n ca v �° mo d CD to 16 _ w N V 1— * lO O � W � e0 a) FY W m c� m = a) o Lu NMW CM >, L L Ow o 0 : B L . = t- a = to = U) .. H C C i d C N C CL C 0 ` cm J W to CL J_c`No O to uf LO to +_ _ ~ ` co L v ca 0tosV9. "O_ C E ca ca r+ dcc N (D C E cc u O d 'r �! cn E V J W E O E 'er L N. N Y N = Z .a M. O C lL fl N iv �0 a) a) ZF' w O � = n+ � d: C4O � �C a3 0 UJ C � 9 v C V �40 � C to N to 0 CM N N N d C J N v CM 0 CU E CL F- m + N o o_� N m o Qg o � X = 0C. CTooa) Qco Q. U 1 . — c 0 0 ca *k Q � vx C. 0 CL CL C E cn E O E O N N N 0 3 C C �"' > O X a� a� o ¢ w L L - 0 v ca ._ ao ooL LU a. c E 3 � ,.�c � .n = X a) o c 7 cn .. Qw rnnE cvav, o w U Z LU (j � J >, c Q H W a� c � o U a OO 0 0 X o 0 0 0 C9w cU cU W C.) w 0 g m cv co LL v1 O c 'c cc LL cc cc ca E , co a) mca L L tL Y m Y 000030 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agend Item: C-3 (AW From: Andrew J. Takata, City Manager Meeting Date: 2/11/97 SUBJECT: Proposed Agreements with S.L.O. County Economic Vitality Corporation RECOMMENDATION: Adopt the following resolutions: I A. Resolution No. 15-97 - Authorizing the execution of ark agreement with the Economic Vitality Corporation of San Luis Obispo r ounty to administer the City's Revolving Loan Fund Block Grant B. Resolution No. 16-97 - Authorizing the execution of an agreement with the Economic Vitality Corporation of San Luis Obispo County to provide Economic Development Services BACKGROUND: Attached are the above referenced resolutions and accompanying proposed agreements with the EVC. On the Revolving Loan Fund agreement (Item A above), Paragraph! 1 (Recitals), the figure of $85,000 should be amended to $82,563, reflecting a 3% reduction of the Federal budget. Compensation (Paragraph 5) is proposed at 201/o, which is quite high; however, this should be reviewed annually to consider' if adjustment is necessary. Other than those issues mentioned above, both contracts should! include standard insurance language but otherwise appear to be in order. AJT:ch i Attachments s { i i 1 i r • , 000031 RESOLUTION NO. 15-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY TO ADMINISTER THE CITY'S REVOLVING LOAN FUND BLOCK GRANT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with: The Economic Vitality Corporation to administer the City's Revolving Loan Fund Block Grant; and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: Appropriate funds, if neces- sary, release and expend funds, and issue warrants to comply with the terms of this agreement. ON MOTION BY Councilmember , seconded by Council- member , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: RAY JOHNSON, Mayor MARCIA M. TORGERSON, City Clerk APPROVED AS TO CONTENT: ROY A. HANLEY, Deputy City Attorney 000032 i AGREEMENT FOR REVOVLING LOAN FUND SERVICES THIS AGREEMENT is made and entered into in Atascadero, San Luis Obispo County,CA, by and between the City of Atascadero(City)and The Economic Vitality Corporation of San Luis Obispo(Contractor), as follows: 1. RECITALS: A. City is an eligiblejurisdiction which has applied for and received approval of a Housing and Community Development Block Grant from San Luis Obispo County in the amount of $85,000.00,hereinafter referred to as Block Grant,for the purpose of providing business loans. Reference is hereby made to the Subrecepient Contract dated October 3, 1996, attached hereto and incorporated herein by reference). City desires to have Contractor administer the Revolving Loan Fund of the Block Grant,provide all loan management services, and administer the Reuse Program. Contractor is a California non-profit public benefit corporation. 2. GRANT ADMINISTRATION SERVICES TO BE PERFORMED BY THE CQNTRACTOR: A. Contractor shall administer the City's Revolving Loan Fund Block Grant. 'rContractor shall be responsible for the completion,administration and supervision of all tasks relating to the administration of the Block Grant,including personnel,subcontractors,and subconsultants. Contractor shall provide all such administration as may be necessary or appropriate to achieve the Block Grant's stated objectives and terms and conditions,as specifically set forth in the Subrecepient Agreement,dated October 3, 1996,and attached hereto and incorporated herein by reference,as well as all representations contained in the City's application for said Block Grant. Services to be performed may be modified with the mutual written Consent of the parties hereto. B. The Contractor shall monitor employment of targeted income groups,submit financial and performance reports,and manage grant activities according to 24 C.F.R., Sections 570.201 through 570.203 U.S.Department of Housing and Urban Development. C. Contractor will maintain Block Grant records on behalf of the City during the term of this Agreement in accordance with the requirements of the U.S.Department of Mousing and Urban Development. The City and any City-authorized agents will be provided such records immediately upon written request to Contractor. Contractor will deliver to the City all original records maintained by Contractor as part of this Agreement,within fifteen(15)days if requested by City. D. Contractor will maintain grant-related fiscal records in accordance with Title 24 Chapter V G.F.R. U.S.Department of Housing and Urban Development and,OMB citcular No.A-122 Contractor will submit to City,quarterly performance reports,to include: 1. An assessment of compliance with the objective established by the Subrecepient Agreement,dated October 3, 1996,attached hereto and incorporated herein by reference. Further,in the event results of activities can be quantified,unit costs will be reported. 2. Recommendations for actions to be taken by City to resolve identified problems. 1 Atascaderoagmt. 000033 S 3. Recommendations for revising budget estimates if necessary;the grant administration services shall commence upon execution of this Agreement and shall conclude on the Community Development Blopk Grant closure date. E. Contractor shall retain all books and records relevant to this contract for a minimum of three years after the expiration of the contract and any and all amendments hereto or for three years after the conclusion or resolution of any and all audits or litigation relevant to this contract, whichever is later. 3. REUSE PROGRAM SERVICES TO BE PERFORMED BY THE CONTRACTOR A. Contractor shall be responsible for the implementation and administration of a Reuse program. Said program will utilize the proceeds from the repayment of loans made under the grant to make additional loans. Said program shall comply will all applicable requirements of the U.S. Department of Housing and Urban Development. B. Upon the grant conditions being fulfilled and completion of its obligations pursuant to part 2 above,Contractor shall continue the administration of those loans made under City's Block Grant program and shall continue to be responsible for the administration of the Reuse Program. 4. LOAN MANAGEMENT SERVICES TO BE PERFORMED BY CONTRACTOR A. Loan Management Services will include marketing,screening,and packaging of loans;credit and gap financing analysis;and servicing-related functions such as appropriate filings associated with disbursement of loan funds,and collections. In all cases,Contractor shall comply with all requirements of the U.S. Department of Housing and Urban Development. The services as shall commence upon execution of this Agreement and shall conclude on the CDBG closure date,or upon all grant conditions being fulfilled,whichever is sooner. B. Contractor shall have the sole authority and responsibility for making loans,obtaining adequate security,collecting payments and,when determined necessary,foreclosing on defaulted obligations. For purposes of monitoring the loan activity and loan portfolio performance,Contractor shall,upon request of City,provide loan information on loans made, including the type of business,the purpose of the loan,and the classification of eligible projects and activities. 5. COMPENSATION A Grant Administration,Loan Management and Reuse Program Services,Contractor shall be compensated by City at the hourly billable rate approved by City,for services rendered to City for Loan Administration and Reuse program services of this Agreement. In no event shall City's liability to Contractor for such administrative services exceed twenty(20)percent of the total interest,fees and principal payments received during a twelve month period. Billing rates are set forth in Attachment A attached hereto and incorporated herein reference for general administration,UNLESS modified in accordance with Section 12. Payment to the Contractor will be contingent upon receipt of funds designated for that purpose. B. Compensation for loan administration and Reuse program due under this Agreement shall be payable by City within 30 days after Contractor submits an invoice for services. • 2 Atascaderoagnt. 000034 . 6. TERMINATION This Agreement may be terminated by eithev party upon thirty(30)days prior written notice. Upon termination,Contractor shall be compensated for all services rendered in conformance with this agreement up to the date of termination. 7. INDEPENDENT CONTRACTOR: A No relationship of employer and employee is created by this agreement,it being understood that Contractor will act hereunder as an independent contractor and that the officers, employees,and agents of the Contractor shall not have any claim under this Agreement against City for vacation pay,sick leave,retirement benefits,social security,workers compensation, disability,unemployment insurance benefits,or employee benefits of any kind;the parties acknowledge and understand that Contractor is a separate entity from City and that the officers,employees,and agents of Contractor in the performance of this agreement shall act in a independent capacity and not as officers,employees,or agents of City. B. Contractor shall be responsible to pay all required taxes and obligations and benefits of every kind including social security and withholding taxes and unemployment insurance in connection with all services rendered pursuant to this Agreement. Contractor shall indemnify and hold City harmless of any and all liability which City may incur to the federal or state governments as a consequence of this Agreement. C. Contractor,by virtue of this Agreement,has no authority to bind or incur any obligation on behalf of City. i8. INDEMNIFICATION: Contractor shall indemnify,defend,and hold harmless City and its officers,employees,and agents against all liabilities,claims,demands,damages,and costs(including attorney's fees and litigation costs)that arise in any way from Contractor's acts or omissions while performing under this agreement. Contractor's obligations under this section cover but are not limited to liabilities, claims,demands,and costs arising from injury to or death of any persons(including City's officers,employees,and agents)and from damage to or destruction of any property(including City's real and personal property). 9. WORKERS COMPENSATION: Contractor shall provide worker's compensation insurance coverage,in legally`srequired amount,for all Contractor employees utilized in providing work and services pursuant to tilos Agreement. Contractor acknowledges its obligations and responsibilities to its employees under the California Labor Code and warrants that Contractor will comply during the time of this Agreement with all provisions of the California Labor Code with regard to its employees. Contractor,at the time of execution of this Agreement,will provide City with evidence of the required W'orker's Compensation insurance coverage. 10. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California. 3 Atascaderoag", 000035 11. NOTICE: Whenever notice to a party is required by this Contract,it shall be deemed given when deposited with proper address and postage in the U.S.Mail or when personally delivered as follows: City: Contractor: City of Atascadero Economic Vitality Corporation of San Luis Obispo 6500 Palma Avenue P.O.Box 5257 Atascadero,CA 93422-4299 San Luis Obispo,CA 93401 12. COMPLETE AGREEMENT:AMENDMENT: This Agreement together with exhibits attached thereto,expresses the understandings of the parties concerning all matters covered and supersedes all prior negotiations,representations,or Agreements,either written or oral. No additions to,or alterations of the terms of this contract, whether by written or verbal understanding of the parties,their officers,agents or employees,shall be valid unless made in the form of a written amendment of this contract and formally approved by the parties. Any and all existing statements or agreements,whether oral or written,or renewals thereof, between the parties hereto,covering the same subject matter,are hereby canceled and superseded by this Agreement and such prior agreements shall have no further force or effect. 13. DUPLICATE ORIGINALS: This agreement may be executed in one or more duplicate originals bearing the original sigriature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement of the parties. 14. TERM OF CONTRACT: The effective date of this Contract shall be The Contract shall terminate on . Contract will be automatically renewed on an annual basis for one (1)year periods unless either party gives notice of termination as delineated in Section 5 of this Agreement. IN WITNESS WHEREOF,CITY AND CONTRACTOR have executed this Agreement on the day and year written below. THE ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY Gregg Goodwin,President/CEO Date CITY OF ATASCADERO Andrew Takata,City Manager Date X036 i 1 RESOLUTION NO. 16-97 A RESOLUTION OF THE CITY COUNCIL . OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY TO PROVIDE ECONOMIC DEVELOPMENT SERVICES The City Council of the City of Atascadero, California, hereby resolves as follows: 1 . The City Manager is hereby authorized to execute an agreement with: The Economic Vitality Corporation to provide Economic Development Services; and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: Appropriate funds, if neces- sary, release and expend funds, and issue warrants to comply;J,with the terms of this agreement. ON MOTION BY Councilmember , seconded by Council- member , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADiERO ATTEST: RAY JOHNSON, Mayor MARCIA M. TORGERSON, City Clerk APPROVED AS TO CONTENT: 10 ROY A. HANLEY, Deputy City Attorney 00003'7 Resolution No: '_ 16-97 Exhibit A PERFORMANCE BASED FORMULA FOR CALCULATING ANNUAL EVC FEE: 1. A weighted average shall be used to calculate the annual contract amount. The amount will be calculated as follows: a. Five percent(5%)of the prior year's Business License fee receipts;plus: b. Three and one-quarter(3.25%)of the prior year's Transient Occupancy Tax(Bed Tax)receipts;plus: c. Twenty-one and one-half one hundredths of one percent(0.215%)of the prior year's Sales Tax Receipts. 2. The first semi-annual installment due in January 1997 will be based upon the City's latest estimates for the above three revenues;the second installment due in July will reflect the audited figures and may be more or less than the first installment,due to any variance between estimated and actual figures. 3. The annual fee will be rounded to the nearest hundred. 4. The above formula may be amended by Resolution of the Atascadero City Council. I s 10 AtascademagnA. 000038 AGREEMENT FOR ECONONUC DEVELOPMENT SERVICES THIS AGREEMENT,effective ,is entered into by and between the City of Atascadero,a municipal corporation(hereinafter referred to a"City"),and the Economic Vitality Corporation of San Luis Obispo County,a non-profit corporation(hereinafter referred to as"EVC'). WITNESSETH WHEREAS,the incorporated cities of San Luis Obispo County have agreed to participate and support the establishment of a regional economic development effort. WHEREAS the Ci tyof Atascadero o desires to diversify and expand its industrial,retail,commercial, recreational and general business services economic base;and WHEREAS,the Economic Vitality Corporation of San Luis Obispo County is charged with the mission"to stimulate the economic vitality of San Luis Obispo County,generate jobs and increase financial investment within the County by promoting the retention,expansion and attraction of business and industry to the area";and WHEREAS the EVC is organized for such economic mic development activities on behalf of the City and in a position to accomplish such goals and purposes of the City in an efficient and economical manner;and WHEREAS,the Government Code of State of California authorizes the expenditure of public funds by a . municipal corporation for economic development activities as therein provided. NOW THEREFORE,in consideration of the premises and covenants and promises hereinafter set forth,the parties hereto hereby agree as follows: 1. That the foregoing recitals are true and correct and constitute statements of fact herein. 2. EVC shall carry on regional economic development activities as follows: a. Employ competent personnel to carry on regional economic development activities herein enumerated. b. To develop job,employment,training,and business opportunities for residents of Atascadero and San Luis Obispo County,especially for targeted low and moderate income residents;through the attraction,retention and expansion of private sector firms. c. To plan and manage economic development implementation activities,programs and projects which would attract and create new firms,and retain and expand existing businesses,including but not limited to those owned by targeted 1pw and moderate income residents of Atascadero and San Luis Obispo County. d. To assist in the preparation and annual update of an economic vision or economic policy for Atascadero and San Luis Obispo County which may include by not be limited to an Overall Economic Development Program,and Economic Element of the General Plan,and other comprehensive economic development policies,strategies, needs assessments,etc. e. To establish and support forums and other mechanisms for maxintIum feasible participation of residents and stakeholders in the formulation of economic . development policy and program recommendations. f. To prepare and submit applications on behalf of the City of Atascadero and/or participating agencies to public and private funding sources for financing,and/or to 6 Atascaderoagmt. 000039 state and federal agencies for special designations,in support of economic,business and employment development activities. g. To provide research,analysis and recommendations to the Economic Advisory Committee,to government agencies and private organizations on economic development. h. To provide appropriate county-wide business marketing,recruitment,and attraction activities and to liaison with appropriate local,regional,state and federal agencies and private parties. i. To develop and manage coordinated,competitive program of business incentives to expand,retain and attract desirable fines,including incubators,business parks to accommodate space needs,loan funds to provide financing,employee recruitment and training,technical and management assistance. 3. EVC shall famish semi-annual reports of its activities to City,which shall consist of the activities scheduled for the next six succeeding months and a review of the activities accomplished during the proceeding six months. Said reports shall include a detailed breakdown of all activities. 4. The amount of the contract shall be based upon a formula approved by the City Council, attached to this agreement as Exhibit A,and as may be amended by Resolution of the Council from time to time. The amount shall be allocated as follows: one-half shall be paid in advance in January(or immediately after the City's annual budget is adopted,whichever is later)and the balance due in July of the same fiscal year. 5. This agreement shall become effective on the date of execution hereof by both parties,and shall continue in effect until June 30, 1998;provided,however,that this Agreement shall be automatically renewed each year hereafter,for periods of one year,commencing July 1 though June 30 of the succeeding year,by action of the City Council budgeting funds as provided in Paragraph 4 hereof,and EVC's acceptance thereof of said budget allocation. 6. This agreement may be amended or modified only by written agreement signed by both parties, with the exception of the procedure outlined in Paragraph 4. Failure on the part of either party to enforce any provision of this Agreement shall be construed as a waiver of the right to compel enforcement of such provision or provisions. 7. It is understood that the contractual relationship of EVC to City is that of independent contractor. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in duplicate on the date indicated below. Dated: CITY OF ATASCADERO RAY JOHNSON,Mayor ATTEST: ECONOMIC VITALITY CORPORATION OF MARCIA M. TORGESON,City Clerk SAN LUIS OBISPO COUNTY APPROVED AS TO FORM: • ROY A HANLEY,Deputy City Attorney GREGG GOODWIN,President/CEO 0000,10 j CITY OF ATASCADERO ITEM: C-4 (A&B) REPORT TO CITY COUNCIL DATE: 2/11/97 i Through: Andy Takata, City Manager Roy Hanley, City Attorney From: Brady Cherry, Director of Community Services j SUBJECT: A) Approval of Resolution No. 11-97 reallocating $5,000. inj 1995-96 CDBG Funds for preparation of Americans with Disabilities Act (ADA) Self-evalu tion and Transition Plan Report, and B) approval of Resolution No. 12-97 authorizing an agreement with Phillips Metsch Sweeney Moore, Architects, for preparation of ADA report. BACKGROUND: The landmark Americans with Disabilities Act (ADA) was enacted July, 1950. In this civil rights legislation, architectural barriers in existing buildings must be removed. Un�er Title II, in the A.D.A., Public Entity Facilities Compliance, all cities are required to condu t a self-evaluation of facilities and prepare a transition plan. i The general ADA non-discrimination principle underlying ADA, Title II, stjates that a public entity may not exclude individuals from participating in public programs or activities, or obtaining the benefit they provide, because that entity's facilities are unacceptable to, ~fir unusable by individuals with disabilities. Moreover, each service, program or activity is jo be operated so that, when viewed in it's entirely, it is readily accessible to, and usable by individuals with disabilities. j A.D.A., Title II, requires that all cities develop a transition plan by July, 1992. To date,the City of Atascadero has not developed the required plan. i i In 1995, I assumed responsibility for getting the Self-Evaluation Plan and Transition Plan completed. Due to financial hardships, the City first attempted to have the }flan developed by local non-profit agencies, Cal Poly or other similar entity for $15,000. or less. There were no takers. In 1996, the City sent out an Request for Proposals (R.F.P.) for theA.D.A. reports with $25,000. budgeted from C.D.B.G. Funds. No firm was able to meet all of tile requirements in the R.F.P.'s. scope of work for the budgeted amount. Phillips Metsch Sweene Moore Architects (Paso Robles) submitted the best proposal for the entire scope of work for fee of$30,000. i DISCUSSION: The City Council has previously allocated $5,000. in FY 95-96 C.D.B.G. finds for the City's Child Care Project. Last year, the Child Care Program was taken over by tl je School District. Thus, the City Council may choose to reallocate the $5,000. from the Child'Care Program to add to the $25,000. already budgeted for the A.D.A. reports. This would give the City the necessary funding ($30,0000) to proceed with the preparation of the overdue Self-Evaluation and Transition Plan. j The proposed agreement with Phillips Metsch Sweeney Moore, Architects, ✓ill enable the City to begin the process of compliance with A.D.A. law. 000041 FINANCIAL IMPACTS:, - $25,000 in 1995-96 C.D.B.G. Funds previously approved and allocated by the City Council. - Additional $5,000 in 1995-96 C.D.B.G.7 reallocated to the A.D.A. Self Evaluation and Transition Plan preparation. 000042 RESOLUTION NO. 11-97 RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF ATASCADERO APPROVING THE L REALLOCATION OF $5,000 IN THE 1995-96 CDBG FUNDS FOR PREPARTION OF AMERICANS WITH DISABILITY ACT (ADA) REPORTS WHEREAS, the City Council of the City of Atascadero is committed to compliance with the Americans with Disabilities Act (ADA), and; WHEREAS, the preparation of a Self-Evaluation and Transition Plan are required of public agencies, and the City of Atascadero intents to comply with the spirit and letter of the law. NOW, THEREFORE BE IT RESOLVED that the City of Atascadero directs the City Treasurer to reallocate $5,000. in 1995-96 CDBG Funds to add to previously budgeted funds to complete the needed reports. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO CONTENT: ROY A. HANLEY, City Attorney 000043 RESOLUTION NO. 12-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PHILLIPS METSH SWEENEY MOORE, ARCHITECTS FOR PREPARATION OF THE CITY OF ATASCADERO'S SELF-EVALUATION AND TRANSITION PLAN REPORTS The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an amendment to the agreement with PHILLIP METSCH SWEENEY MOORE, ARCHITECTS 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Officer 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 l 1 th of February, 1997. ATTEST: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGESON, City Clerk APPROVED AS TO CONTENT: . ROY HANLEY, City Attorney 000044 CONTRACT NO. 97- CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by the City of Atascadero, a Municipal Corporation, hereinafter referred to as "City", and Phillips Metsch Sweeney Moore Architects, hereinafter referred to as "Consultant". WITNESSETH For and in consideration of the Mutual covenants herein contained, the parties hereto agree as follows: Article I Authorization A. Consultant will perform this Agreement in conjunction with a Purchase Order issued by the Department of Community Services. B. The following exhibits are attached hereto and incorporated herein by • reference as though they are fully set forth. EXHIBIT "A" Atascadero Self-Evaluation and Transition Plan Work Program. EXHIBIT "B" Project schedule flow chart EXHIBIT "C" Fee Schedule EXHIBIT "D" Insurance Article 2 Responsibilities of Consultant 000045 Page 2 • Contract No. 97- A. Scope. Consultant will provide the following services described herein and under Exhibit "A" and " B" for the City project hereinafter described: Atascadero Self Evaluation and Transition Plan Work Program. I. Project Scope - General The scope of the project consists of preparing an ADA Self-Evaluation and Transition Plan for the City of Atascadero. The sites that will be included in the Self-Evaluation and Transition Plan are as follows: B. Coordination. In 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 Brady Cherry, Director of Community Services, and also with the following officials: Andrew J. Takata, City Manager Geoff English, Recreation Supervisor 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, photographs, reports, and other similar data in possession of City covering the sites as selected. Article 4 Fee and provision for Payment City will pay Consultant a fee according to Exhibit "C" billed as monthly progress billings. The maximum consultant fee that will be paid per this agreement is $30,000. The City of Atascadero will be responsible for photocopying and photo processing expenses not to exceed $600. Any additional work authorized by the City will be approved in advance and the agreement will be amended. 000046 • Page 3 Contract No. 97- 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 "C". 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 10 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than bona-fide employees 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 employees 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, at 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 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. 00004'7 Page 4 Contract#97- . 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 caused 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 party 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 the City. This indemnification provisions shall apply even if there is concurrent or joint negligence of indemnitor and indemnities, and even if there is active or passive negligence by either or both parties, but shall not require consultant to indemnify any attributable to any such concurrent or joint negligence of the indemnitees. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. Certificates have been submitted to City and approved by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. . b. Refer to Exhibit D for Certificate of Liability Insurance and Insurance coverage being provided for this Agreement. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non-discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance act of 1972. 000048 i . Page 6 Contract No. 97 - r ATTEST: APPROVED AS TO FORM: MARCIA M. TORGERSON ROY A. HANLEY City Clerk City Attorney 000049 A`� PMSM ARCHITECTS • I. PROJECT SCOPE The primary goal of the proposed accessibility management consultation services would be to assist the City of Atascadero (City) with documentation of its voluntary- efforts to comply with the ADA. Tothis end, the scope of the project as proposed herein would include identification of architectural barriers at existing facilities where public benefit programs are offered in -accordance with the regulations implementing the Americans With Disabilities Act of 1990 (ADA). The proposed scope of accessibility management consultation services would also help the City evaluate the policies and procedures that regulate public benefit program and employment environments. Primary project deliverables would include a self-evaluation report and a barrier removal and access accommodation transition plan that, when implemented, would not result in'a fundamental alteration in the nature of a program or in undue financial or administrative burdens for the City. Self-Evaluation Essentially, the Americans With Disabilities Act of 1990 (ADA) specifies that public entities may not refuse to allow. a person with a disability the opportunity to participate in employment, a program, service, or activity simply because the person has a disability. There are two major categories of programs or activities covered: 1) those involving general public contact as part of ongoing operations of the entity; and, 2) those directly,administered'by the entity for program beneficiaries and _ participants. Activities in the first category include communication with the public (telephone 2 of 26 000050 PMSM ARCHITECTS • contacts, office walk-ins, or'interviews) and the public's use of thepublic entity's facilities. Activities in the second category include programs that provide government services or benefits. The basis of the specific requirements of the ADA's regulations is the principle that people with disabilities must be provided an "equally effective opportunity to participate in or benefit from" a public entity's programs, services, activities, communications, etc. In other words the ADA's emphasis is on equality of opportunity, but does not guarantee equality of results. It should be stressed that all City programs, services and activities are covered, even if they are carried out by contractors. For example, the City 'jis obligated by Title II to ensure that the. services, programs, and activities of a City cafeteria operated under contract by a private entity are in compliance with Title II requirements. The private entity operating the, cafeteria would also be subject to the obligations of public accommodations under Title III of the ADA and the Department of justice's Title III regulations. The ADA makes it clear that a public entity's programs, services and activities must be provided in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity. Public entities must eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to, enjoy "mainstream",public services, programs or activities unless "necessary" for the provisions of the service, program or activity. Public entities are required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless undue financial or administrative burden or a fundamental alteration in a program would result. For example, a City office building would be required to make an exception to a rule prohibiting animals in public areas in order to admit guide dogs and other service animals assisting individuals with, disabilities. Public entities must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or,fundamental alteration would result. In summary, the'City must operate, all of its programs, services and activities so that, when viewed- in their entirety, they are readily accessible to and usable by Individuals with disabilities. 3 of 26 000051 PMSM ARCHITECTS Title II, Section 35.105, requires that the City evaluate its current :policies, . procedures, practices, and the effects thereof on a program, service or activity. The purpose being to identify and correct any that are inconsistent with the. ADA requirements for accessibility and usability of the program, service or activity,by persons with disabilities. The self-evaluation process is a valuable means of establishing a working relationship with individuals with , disabilities and organizations- representing people . with disabilities, .which can promote both effective and efficient implementation of the ADA and other access laws. Public entities must ensure that individuals with disabilities are not excluded from services, programs, and activities simply because buildings are inaccessible. Public entities need not remove physical barriers, such as stairs, in al! existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility. In other words, public entities can provide the services, programs, and activities offered in a facility to individuals with disabilities through alternative methods, if physical barriers are not removed. For example: *Relocating a service to an accessible location, e.g., moving a public' information office from the third floor to the first floor of a building. Public entities may not carry an individual with a disability as a method of ,providing program access, except in "manifestly exceptional" circumstances. *Providing an. aide or personal assistant to enable an individual- with a disability to obtain the service. •Providing benefits or services at an individual's home, or at an,alternative accessible site. The term "when viewed in their entirety" is essential to understanding the concept of program accessibility. All components of a program, service or activity need not be accessible in order to satisfy the Title Il requirements of providing people with disabilities opportunities for full participation. Components of a program, service or activity which are essential to its operation must be made accessible except 4 of 26 000052 PMSM ARCHITECTS when doing so would fundamentally alter the nature of the program or cause undue financial and administrative burdens. However, public entities must take any other action; if available, that would ensure that individuals with disabilities receive the benefits or services. .Employment Policies and Practices Title II of the ADA applies to all activities of public entities, including employment practices. Title II cross-references the definitions, requirements, and procedures of . Title I of the ADA, as established by the Equal Employment Opportunity Commission (29 CFR Part 1630). Standards for Title I of the ADA and Section 503/504 of the Rehabilitation Act are, for the most part, identical. Reportedly, the City Personnel Department has completed preliminary review and revised where necessary all recruitment and employment related (materials. It is proposed that the Self-Evaluation component of the proposed project scope would review the efforts of-the City. Findings and conclusions would be incorporated . info preliminary and final project documents. Transition Plan In the event that structural changes to City owned, leased, occupied or utilized facilities will be undertaken to achieve program accessibility, the City and each of its Departments is* required to prepare a Transition Plan setting forth the steps necessary to complete such changes. Each Department and the City must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments: A copy ,of a Department's transition plans must also be made available for public inspection. Since the City has responsibility,or authority over streets, roads, and walkways, its Transition Plan must include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walikways serving entities covered by the ADA, including state and*local government offices and 5 of 26 000053 PMSM ARCHITECTS facilities, . transportation, places of public accommodation, and employers, . followed by walkways serving other areas, , A City'Transition Plan(s) must, at a minimum, accomplish the following: a: Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; b. Describe in detail the methods that will be used to,make the facilities accessible; C. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and d. Indicate the official responsible for implementation of the plan. The individual Facility Access Reports)/Preliminary Access Transition Plan(s) are generated by tfie .project database document items "a" and "b" above. Additionally, these project documents include a place for a Department to indicate a "target removal date" and "actual removal date" (item "c" above). A section in a typical Program- Accessibility Checklist solicits information relative to item "d" above. , 6 of 26 000054 PMSM ARCHITECTS . 11. PROJECT APPROACH The proposed project would be performed in three (3) phases. PHASE I. PROJECT CRITERIA COMPILATION FACILITY ACCESSIBILITY Phase I would commence with an in-depth review of the previously cited City ' documents that demonstrate the extent barriers have already been identified or removed at each facility. The purpose of the review would be to determine which requirements of the ADA — Title II were not previously evaluated under prior evaluations required by other federal or state accessibility standards, Phase I would also include compilation of the most stringent requirements) for City buildings and facilities from the following applicable accessibility standards: • Americans With Disabilities Act Title II—State and Local Governments; • Notice of Proposed Rule Making — Title II (State & Local Governments): ATBCB for Courthouses, Detention Facilities, Public Streets, and Crosswalks, dated December 21, 1992. • Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG); • Uniform Federal Accessibility Standards(UFAS); • California State Accessibility Standards (CSAS) CA Code of Regulations CA Building Code(Title 24) Existing& Proposed Revisions; and, • Local Accessibility Standards(County and/or City), if any. Identification 'and compilation of the most stringent standards relative to the built environment would be expedited with ACCESS Unlimited's expertise and utilization of its customized relational access database (AIMSTM) which contains the federal and state documents cited above. The accessibility standards (project criteria) will be integrated into the design of a Master Accessibility Checklist (MAC) that will be the basis for generation of individualized Facility Accessibility Checklists (FACS) and used during field exploration at each City site (see Phase II below). Elements of the built environment that would be included in the MAC include the following: Exterior Route(s) (sidewalks & walks, ground surfaces, curb ramps, ramps, stairs, protruding objects, information & directional signage), Parking, Primary'Entrances (ingress & egress) , Interior Doors, Interior Circulation (floors and levels, clear floor space & surfaces, corridors& aisles, protruding objects, ramps, stairs, elevators, information & directional signage), Water Fountains/Coolers, Pay and Closed Circuit Telephones, Sanitary & Bathing Facilities, Controls and Operating, . Mechanisms, Storage, Vending Machines, Areas of Rescue Assistance, Emergency Warning Systems, Seating, Tables, Public Counter & Work Surfaces. and the accessibility and usability of other primary function areas or facilities av=ailable to the general public. 7 of 26 000055 PMSM ARCHITECTS in addition, Supplemental Accessibility Checklists (SACS) would be' generated by the AIMSTM for use at buildings or facilities with the following special types of occupancies, if any: Auditoriums and Assembly Halls; Courthouse and Law Enforcement Facilities; Health-Care Facilities; Libraries; Office/Business Facilities; and, " Parks& Recreation Facilities. Following final draft preparation, the MAC-and SACS would be presented to the City Project Coordinator and ADA Coordinating.Committee, if any, for review and approval. Portions of a master Facility Accessibility Checklist (MAC) for built environments are included in Tab 7 —Appendix A of this proposal. Facility Data Inventory' Prior to initiating the second phase of the proposed project on behalf of the City, the City will assist PMSM Architects with completion of a Facility Data Inventory for each floor and/or functional area at each facility that is to be surveyed. This i allows for customization of a FAC for each site prior to performance of an actual survey. PROGRAM ACCESSIBILITY Completing the self-evaluation that is required -by Title II of the ADA (Section 35.105) lends to identifying appropriate barrier removal recommendations that take into consideration the accessibility and usability of the City programs, services and activities when viewed in their entirety. Phase I would also include compilation of the most stringent requirements) for City public benefit programs from the following applicable accessibility standards : • Americans With Disabilities Act Title II—State and Local Governments; • Local Accessibility Standards(County and/or City), if any. Phase I would_include 'a review of relevant access laws as they pertain to policies and procedures relevant to City practices. Project criteria relative to public benefit and employment environments would, be integrated into the design of a generic Program Accessibility Checklist (PAC) that would be the basis for evaluation by the City ADA Coordinator or each department head. A sample of a master PAC is included in Tab 7 Appendix A. . 8of26 000056 I PMSM ARCHITECTS • Identification and compilation of the most stringent standards relative program environments would be expedited with ACCESS Unlimited's 3 expertise and utilization of its customized relational access database (AIMSTM) which contains the federal document(s) cited above. . The program accessibility standards (project criteria) will be integrated into the design of a master Program Accessibility Checklist (PAC) that will be the basis for generation of individualized Program Accessibility Checklist (PACs) and utilized by during field exploration at each City program (see Phase II below). In addition to evaluating program and employment policies and procedures, communications between the City and applicants, participants, and members of the public with disabilities would be evaluated to determine if they are as effective as communications with other non-disabled individuals conducting business with the City. The extent that auxiliary aids and services, if any, are available or provided to individuals with disabilities requesting to participate in and enjoy the benefits of, a service, program, or activity conducted. by the City would be addressed in the checklist. This self-evaluation process, as proposed herein, will utilize AU's Program Accessibility Checklist (PAC) that also enables the City to address other requirements of the ADA including, but not limited to, - the Public Notice, Grievance Procedtyre, Transportation, New Construction and Alteration Policy and Accessibility maintenance policies, etc. Although the final rules and regulations did not include a specific requirement, it would be appropriate fora public entity to evaluate its personnel:training efforts because, in many cases, lack of knowledge (i.e. training) often leads to discriminatory practices, even when the policies in place are nondiscriminatory. Therefore, the City's program accessibility evaluation should consider personnel training efforts. Elements of program environments that would be included in the master.PAC include the following: Program, Service, & Activity, Eligibility & Participation , Policy & Procedure, Documents & Publications, Personnel Training, Boards & Commissions, Facilities Used: New Construction/Alterations, Facilities -Used: Maintenance Of t -Accessibility, Transportation, Use Of Contractors, Telecommunications, Auxiliary Aids& Services, Emergency Evacuation, Employment, Public Notice, Public Input, Grievance Procedure. 9of26 00005'7 PMSM ARCHITECTS COMMUNITY AWARENESS, SUPPORTA INPUT .Community awareness of and participation in the City's efforts to comply with the requirements of the ADA is discussed in the regulations implementing Title II of the ADA. Community support of the City's proactive efforts to comply with the requirements of the ADA will be realized with implementation of an effort to involve individuals with disabilities or organizations representing individuals with disabilities early in the facility survey and self-evaluation process. For example, following compilation of the project criteria in checklist form and prior to conducting site surveys, a community workshop could be organized. The purpose of the community workshop would be-to inform and educate individuals with and without disabilities about the City's efforts to evaluate existing'facilities and solicit public concerns and priorities. It would also be advisable to solicit input from individuals with disabilities or organizations representing them, prior to preparation of the final project documents and reports. Their input would lend to the development, adoption and implementation of the City's ADA-self-evaluation and transition plan for barrier removal and access accommodations to programs and services viewed as. most important by the community. PHASE I h DATA COLLECTION FACILITY ACCESSIBILITY SURVEYS Phase II would involve performing on-site accessibility surveys at each of the City's owned facilities indicated in the RFP. PMSM and ACCESS Unlimited would coordinate mobilization of professionally trained and experienced Access Surveyors) who are familiar with the access survey process, facility access checklists and qualified to efficiently identify the broad spectrum of typical and atypical barriers in built environments. Access Surveyors will work in teams of two (2). This ensures cost-effective and efficient barrier identification and documentation. Access Survey Teams (ASTs) will be dispersed to evaluate specified City buildings or facilities. METHODOLOGY The methodology employed to survey accessibility at and usability of the facilities would simulate the sequential order that the general public would follow from point of arrival at a specific site or building. Prior to conducting the survey and when available, the AST would contact a responsible party at the site to ask questions about the areas at the site that are utilized.by the general public. 10 of 26 000058 - PMSM ARCHITECTS I Compliance and noncompliance conditions with project criteria observed by the AST would be indicated on the appropriate FAC and SAC. Documentation would include written comments about the degree of deficiency on the checklist or on floor plans supplied by the City. Photographs of a specific deficient facility, design configuration or building element would be taken by the AST to supplement the field data and would be utilized to prepare recommendations. A photo record of a barrier will enable the Project Team to further'control project costs associated with preparation of cost'estimates for recommended or indicated barrier removal activity during Phases II & III, Photographs also serve-to facilitate the City's comprehension of existing conditions or designs that lend to and/or detract from accessibility and usability of the programs offered at the facilities surveyed. Facsimiles of AST sketches, floor plans with AST notations and photographs would be deliverable with the final reports. Heights, lengths, widths and depths will be measured with a standard tape measure and represented in either inches, feet or a combination thereof. The percent of slope along paths of travel will be determined by a digital inclinometer. Caliper, push-pull force scale, compass, stopwatch are among the other tools that will be* utilized by Access Surveyors. Based on our account experience,p ce, surveying a site that Is heavily occupied can significantly increase overall project costs and is disruptive to the occupants of the building. Once clients are aware of this cost variable, they have arranged for surveys to be done when a site or building is not as heavily +occupied (e.g. weekends). The cost estimate in this proposal is based on the City's understanding" and willingness to arrange days, times and the means to conduct surveys when there would be a minimal number of occupants at a given site, as appropriate. This also enables ASTs to enter a space and obtain measurements efficiently — without disrupting occupants. Upon completion of an individual FAC, the raw field data will be uploaded into ACCESS Unlimited's customized accessibility information management relational database which will have already been customized for the City's project. The database significantly facilitates initial compilation, analysis, priority rating, preliminary recommendations for barrier removal and preparation of cost estimates for'recommended barrier removal solutions. PEDESTRIAN WALKS & CURBS Assuming the City has responsibility and authority. over City streets, roads, or . walkways, under Title 11 of the ADA, an evaluation and inventory of existing curb ramps (curb cuts) where pedestrian walks cross curbs would be necessary. To this 11 of 26 000059 PMSM/ARCHITECTS end, technical assistance could be provided to' City personnel responsible for this component of the City's ADA self-evaluation and for preparation of this component of the City's Transition Plan. PROGRAM ACCESSIBILITY SURVEYS Each City Department would be provided with an individualized Program Accessibility Checklist (PAC). Additionally, a Program Accessibility Checklist: A User's Guide would be customized and provided to each unique Department_ completing a PAC. ACCESS Unlimited's Access Specialist(s) would meet individually or as a group with individual Departments to provide orientation and guidance to those completing a program,accessibiIity checklist. The completed PACs would be returned to the project consultant within a specified amount of time. The data would be entered into the project database. PHASE III: DATA ANALYSIS AND REPORTS After the field data has been entered into the project accessibility database, (AIMSTM) generates preliminary statistical and narrative reports that will serve as the basis for PMSM's project team's initial analysis and preliminary recommendations. Draft accessibility reports and transition plans. would then be generated for presentation to the City for review and comment. Based on this input, recommendations and final reports would be prepared. The project reports and related documentation would include the following: • Facility Accessibility Statistical Reports-Entire Project & Unique Sites • Facility Accessibility Report and Preliminary Access Transition Plans for Unique Sites • Site Sketches/Floor Plans Site Photographs Master Facility Accessibility Checklist Program Accessibility Statistical Reports-Entire Project & Unique Departments • Program Accessibility Report and Access Accommodation.Plans for Unique Reports • Master Program Accessibility Checklist • An Executive Summary These final reports are suitable for,presentation to interested parties, including individuals with disabilities, the City governing body, any enforcing agency and will serve as the City's ADA Self-Evaluation,and Transition Plan documents (i.e., Final; Self-Assessment Plan). 12 of 26 000010 PMSM ARCHITECTS FACILITY C TY and PROGRAMACCESS REPORTS PRELIMINARY PLANS The project database generates a series of detailed reports, including Facility or Program Accessibility tY Statistical Reports s (FASR and PASR) for an entire project, by "department" and/or "responsible artYThe statistical reports for a single site or program indicate the following information: 1) building'or program surveyed; 2) total number of checklist items; 3) number of observed deficiencies c encies (barriers) by accessibility. survey checklist headin • and 3) barrierremovalP riorities. A sample of the Facility AccessibilityStatistical Report (FASB) is included in Tab 7 - P Appendix A of this proposal. ACCESS .Unlimited's AIMSTM also generates Facility Accessibility Report and PreliminaryAccess Transition Plan and ram Prog Y P Accessibility Report and Preliminary e i ary Access Accommodation- Planfor each faculty or program surveyed. The reports includes the following information. 1) Site or Program, survey team and date/time information; 2) Survey items by checklist heading and whether or not a barrier was observed; 3) Existing conditions or comments; 4) Access code citations; 5) Recommendations for barrier removal based on PMSM's Project Team expertise on how to reasonably, efficiently and cost-effectively make buildings `;,,or programs accessible; 6) Barrier Removal Priorities and Target Removal Date; and 7) Unit costs'and total cost estimate for the,recommended barrier removal or access accommodation activity. Sample pages of Facility Accessibility Report and Preliminary Access Transition Plan for a single site are included in Tab 7 - Appendix A. A report supplement is also generated by AIMSTM that presents the accessibility standards linked to the observed deficiencies by source and section number, Cost estimates for recommended barrier removal and/or recommended auxiliary aids would, in part, be based on materials and labor costs based on information accessed through Constructions Specifications Institute (CSI) and PMSM Architects' construction cost estimating expertise. 13 of 26 000©61 PMSM ARCHITECTS PRESENTATION OF PRELIMINARY FINDINGS & RECOMMENDATIONS Preliminary. findings- and recommendations would be presented to the City's Project 'Coordinator and' Coordinating Committee, if any, following the comprehensive analysis by PMSM's Project Team. PRESENTATION OF FINAL REPORTS Based on the priorities, comments and requests- of the City" received during this meeting, the Project Team would review and revise, as appropriate, the priorities; recommendations for barrier removal and cost ' estimates. Final Facility Accessibility Report and Access Transition Plans and Program Accessibility Report and Access Accommodation Plans for the project and each site or program would be submitted at the completion of Phase III. An executive summary would also be prepared for the City that presents an overview of the project, the project approach and the findings. As noted previously, these final reports are suitable for presentation to interested parties, including individuals with disabilities, the City governing body, any enforcing agency and will serve as the City's ADA Self-Evaluation and Transition Plan documents (i.e.,.Final; Self-Assessment Plan). 14 of 26 000062 JAN-14-1997 10:23 PMSM ARCHITECTS 8055648582 P.06 L�>t,l�'trtJ►� G t 2F31196 PRELIM TM COST EST. Cil) of AUmcadero-ADNAcoess Projeet PREL fMiNAR Y FEE PROPOSAL PROJECT TITLE: City of Atascadero Transition Plan and Self Assessment Prepared By:Phillips Metsch Sweeney Moore Architects and ACCESS Unlimited tt Plisse!-1'ro ort Mo6r?natinn&P ectACcessibr7" Gitetia SrtecYion Staff Hrs. Rate Tuts[ 1."ect orientation i Existing Docveent Review(Cly Access Study Efkrb(Sec.StWADA DePt&Facird iswesslery,et 2. PMSM Project Manager 1 3 $100 5300.00 3 ACCESS Unlimited's Access,Specialists 1 3 $95 $285.00 4.Proiod Criteria:Mader Facility Accessibility Checklist Customization 5, pi ACCESS Unlimbod's Access Specialist 1 3 195 $265.00 6.Project Criteria:Master Program Accasibilky Checklist and User's Cando t ustoxeizstion 7. ACCESS Unlinnded'sAccess Specialists 1 3 $95 5285.00 6 ACCESS Udimiteds Computer Specialist 1 3 $50 5150.00 9.Progress Meeting 41 With City Staff-Project Overview,Sdw&k&Approach A"Imam glum 10. PMSM FFajett Manager 1 6 $100 $600.00 11. ACCESS Un limiteTs Access Specialist 1 6 $95 $570.00 12. Aablk A eetkg/1 13. PMSM Pratex t Maratger 1 6 '! $100 $600.00 15.Customise C aerate Facility Survelr Tends for s13 Sites* 16. Prepare Facility Plan Diagrams-PMSM Drafter 1 16? $55 $880.00 17. Facility Data Inventoriesfor x13 Sites-AccessSsaveyors 2 8 $70 $1,120.00 18. ACCESS Unlimited's AIMS1"Data Spec 1 8 540 5320.00 19.Customize&Generate Program Access Checklists for 36 Departments 20. ACCESS Unlirnitted's AIMS"-Data Specialist 1 4 $40 $160.00 21.-Assumes Checklists Generated in Electronsic Format 55 TOTAL PhMe s 55455.00 i phase R,AccewSww &Data Co lion staff HMRade Total 123. Facility Access Surveys Coordination&Quality Aaassrarwe PMSM Projed Marrager 1 4 $100 5400.00 ACCESS unlimited'sAeeess Specialists 1 2` $95 $19000 25.Facility Access Surveys C5ife Nrrnber-Facility Narne/Lecatied RE=MEMM 26- 1-City Administration Building-6500 Palma Avenue 2 7 $70 $980.00 27. 2-Sunken Cardens•6500 Palma Avenue 2 1 $70 $140.00 28.3-FireStation01.6005 Le"Asrerue 2 1 $70 $280.00 29.4-Fine Station 02-9801 West Fnane Avenue 2 1 $70 $140.00 30.5•Police Station-5505 El Camino Real 2 1 $70 $14$560.00 31. 6-StressMaWdemncc Yard-5599TragicWay 2 1 $70 5140.00 32. 7-Wasterwater Treatment Plant-8005Gabanda 2 1 $70 $ SM40 33.8-Youth Recreation Center-6351 Olemda Avenue 2 1 $70 $140.00 34.9-Traffic Way Park-5599 Traffic Way 2 2 $70 5140.00 35.10-poloma creek Park-1166S Viejo Camino 2 2' $70 $280.00 36.11-Ataseadero take Part-9305 Pismo Street 2 5: $70 $420.00 37. 12-Lake Park Pavilion-9315 Pismo Street 2 3 $70 $420.00 38. 13-Charles Paddock Zoo-9305 Pismo Street 2 3. 570 $420.OD 76 SUB-TOTAL $5,490.00 39. 40.Program Access Surveys Csrfentatian&TraknaM d Csty Staff(:6 DeparbaaW Specialists i 1 593 3950.00 41. ACCESS Uniimised's Access Spec' 42.Facility Access Surveys Data Entry Project Datahise 43. ACCESS Unlimited's AIMS"'Data Specialists 1 4 $40 $160.00 44.Progru*Access Surveys Data Entry Project Database $640.00 45. ACCESS Ualimited's AIMST"Data Specialists 1 3 SU&TC►T40 $1750.00 46. 106 roTAt t6aseIt $7.240.00 47.-Assumes Field Data Collected ftedrorsicall is cITYATA.XLS 000063 JAN-14-1997 10:24 PMSM ARCHITECTS 8055648582 P.07 iklliblr I; 12!31!96 PRELIM T til COST EST- City at Atascadero-ADAIAccess Project Please 111-PEefininary and Final&eE2MStaff ttra Rale Total 48. Dian PrerErce rmiiwinary Facility Reperls/Findm nv/secmwadati ns s13 suis 49. ACCESS Unlinnited's AIMS'"Report Generators 1 15 $25 $375.00 50. 7 Pteliminry Facility Data Analysis,Bmrier Removal Priorities&Recommendations&Coit Edlas- 10 lJoI11111111111111 al, 7 51. PMSM Project Manager 1 4 $100 $400.00 52- ACCESS Unlimited's Access Specialists 1 4 $95 $380.00 53. PMSM Project ArchdactsZesign Solutions 1 15 $as $1,275.40 54. PMSM Project AwMecysCost Estimating 11-1-5-1-185J__11,275.001 55.Data Eniry-Revaies,to Facility Access Reports Based an Project Team Input 56. ACCESS Unlimited's AIMS-Data Specialists 1 15 i40 56 .00 57.Produce Preliminary Fadlity Access Repasts with FndmP Aeremmendados a13 Sites S8. AIMS"'Report Generators 1 15 $25 !375.00 59.Prelinslaw"Program Data Analysik Bardar Removal Priorities&Reconva"NWios S95 60. ACCESS Uniimiteth MMT"Aooess Specialists 1 10 M5954.00 61.Produce Preliminary Program Access Reports with F'tndinp/Recomnsendatuena-s6 Departments 7 62. AIMSr"Repod Generators 1 7 $25 $175.00 63.Meeting f2 With CAy Staff-Progress Report-Preser"iom 01 Preliminary Findings 64. PMSM project Manager 1 6 $100 $600.00 65. ACCESS UrdimkW's Access Specialists 1 6 $95 $57000 66.@artier Removal Priorities A Recommendations Revisions 67. PMSM Project Manager 1 6 5100 $600.00 68_ ACCESS Unlimiled'sAccMSpecie lists 1 6 $95 $570.00 69. PMSM Project Architeas-Design Solutions 1 8 S85 5680.00 70. PuWkMedg 02 BONN!1 111 71. PMSM Project Ataruager 1 6 $700 E 73.Data Entry4evaio s to Facility Accor Reports Based on Client/hojed Team Input 74. ACCESS Unlimised's AWW"Data SPecialisrs, 1 20 $40 75.Final Facility and Pvograrm AccmAility ReP0rt/Tremi1i0n&Accommodation Plans s13 Sita&*&Depa4.nts J 76. ACCESS Untimited's AIMS'K Report Cenerators 1 30 $25 $750.00 77.Develop Fowl Narrstiva'lSssotiry Project Report(%)and States Repor(s) am=lis 11 111111111111 11 78. PMSM Project Manager 1 10 $100 $1,000.00 . 79. ACCESS Unlimited's Access SPecialists 1 10 $95 $9500 80. Secretarial 1 2 $40 $80-00 81.Meeting#3 With maty Staff-Find Report rms s"io s $2. PMSM project Manager 1 6 $100 $600.00 83. ACCESS Unlimited's Access Specialists 1 6 $95 $570.00 1 Tara Vaal an $14175.00 84. � Tota[Professional Fires $26,97000 ect Exp 7 pro erases nt Unit Cost Total 86.Drafts and Final Reports Duplication 6 Binding-by City of Ataseadero 20 O $ $0.00 87.Film Supplies 15 $S7 :105.00 88. Photo Praceasl+>g/Binding-s13 Sites-by City of AUscadem 0 $35 00.00 89. Olfioe Reimbursable fxperases-PMSM Archietcis 1 $1,300.D0 90. Office Reimbursable EiVertses-ACCESS Unlimited 1 51,5011.00 91 Total Expenses $3,105.00 GRAPlDTOTAL $30,07500 92. Cost Breakdown of Professional Fees By Phase Total Phase(-Project MobilizalkM&Projed Accessibility 0 itch Selection $5,55600 Phase tlAecess Suweys&Data Compilation $7 240.G0 Phase R1-Preliminary and Fcsal Reports $14.175.00 Professional Fees Total All Phases $26,970.00 Project Expenses All Phases $3.106-Q GRAND TOTAL $30,076'00 CITYATA.XLS 000064 JAN-14-1997 10:26 PMSM ARCHITECTS ' 8055648582 P.09 aTs R�F+w►„+ al/tom THIS FICATf iS ISS A MATTER OF MNIA"J” ' roaou� �s»s1erClsriwn i�►eilY n ONLY N Y ANO C �m ocrm OR . Mo*� -� Tis c.�A o>�� �a NY avow. &v ALM! nlE cor►�A P.0.INK 1469 Ae g a Sava BWbarl4 CA 9310100�xnr P��,s�d nwe+Eo eorlA AhOp metwh Sweemy Mom* Elects C"ANY 1435 Atwcsps Swat Salapt ftnws4 CA 90101 CTP CCgp Y Trla a To CeRnFYTM►TTm Pale OF INWRANCE Ool o�N Hca rR�iu� OTHER voa�iMffNT wit m P� omTds "DrATEO�wT#ATpvfM 0lNttAMYw:QUI�►�T.'fCPM OR CERTIFICATE MAY N ISSUED OR MAY V41RTAPL 741 INBIIilA=Aff IK THE POLICIigy PAID C�}}EA�EIN is sUBJE CT TO All-ThIE ExCLUS10MB AN4 p0•�DRIONB aF SUCH POUCIM UWS MAY HAVE BEEN ` TTreos�u�e •OUCT NUMM rouW r upRm Cil,N1aL AGtillE6ATfe s 2AMM A GOVALLWKn AW8051211.0 03117196 03117!97 .coMNOPAaa sUlm ppMMvaALafVW AL VAMUTTi AdY KIJu : Imm aAa�rrAae [g ooa,n �occx�+RE s orrNElrs a ooN oRa Pilo* p amoo s 1 m Ewww—mm s 1► 'a" A"51Z130 031171% 0311707 c=Er�a�ncM.eu►NT • 1,000,t100— ANY^= ea�Y iwuFn /yygnMNfcDA4J*Oe �oe.e�► X tgpo ojym P `Actio s X roo*w^snevroo PAr'(' QAMAQE _ � TOON�r•GUYCGQRNT • OAPAMUPWAY OV,ERTMAMAMONLY: AWAUTO E i r: occuft%mm E UA�N ITY AGOF MATE is EACH A UM�I�AfOfMA � 0� UMeNltit,A�M - pi OOMPElr1AT10N Alo C0104+T! LIMIT S CMKdn11!',he,L1� p�AaE• OLILIMIT • EA EM s OrilCEie A Q� mms re$O1dCr 1a ri16tOd 09 A�1tloOd hmmv�bot�Toth f"�to Cardramw,��py•rimed iosrrt+ed for or ors behalf of Cw frcate Voider. Ten(1%Days Nance a[ Room for non-psym"t of +'aEum. wopjw ANY of Trs sJMC lmao=rawo bWQRt+.sv 'm T,M 0=A� EXPFATM DATE THS, rt, *rim MWAW W"OWAVO To t �' -a►rs wwnzm North m Tns ewoRgATE Wimp,mm I*TSE ftpt of comunnysug"NOMIC!itMLL,M GOLP*TPR OP 4 M►R 6Paljsa Apesme °tn F'" iPe TD ` 500 a rnr"sorrAT+� Aterrcrrdero,CA 9Ct4?2 eR AW yaw IlWI1ra�T� o, I MAM 000065 i 1 i REPORT TO CITY COUNCIL F Meeting Date: 2/11/7 CITY OF ATASCADERO Agenda Item: C-5 !!� Through: Andrew J. Takata, City Manager From: John B. Neil, Assistant City Engineer...46,E Via: Steven J. Sylvester, City Engineer SUBJECT i 3 Graves Creek Road Reconstruction Project RECOMMENDATION Approve the revised scope of work for the Graves Creek Road Reconstruction Project. i DISCUSSION i The Graves Creek Road project was originally envisioned to construct tl�ie improvements necessary to bring the road into conformance with the City's Rural Colloctor Standards. The work was to include increasing the pavement width from the existing 22 feet (average) to 32 feet, providing pedestrian walkways, and the construction of storm drain facilities. The paving portion of the work would have included some full depth reconstruction of the structural section and some pavement overlay. The work was to have extended from Monterey Road to San Fernando Road. A partial topographic survey and an area drainage analysis have been c! mpleted for the project, as has a geotechnical investigation by Earth Systems Consultan . The geotechnical investigation included borings, R-value testing, and preli inary pavement section recommendations. Based on these preliminary investigations, staff has completed a preliminary design which takes into account both the physical constrajints of the site and the limited funds available for the project. The revised project scope would involve construction of a sub-drain system and full depth reconstruction of the paving section between Monterey Road and Ardilla Road. Existing paving materials would be recycled and used as aggregate base. Pave ent width would be 24 feet from Monterey to Balboa Road, and 22 feet from Balboa to rdilla Road. A gravel path four feet wide would be constructed on the west side of the road. Surface and sub-surface drainage improvements, pavement striping & marking would also be included. 000066 No work is proposed between Ardilla and San Fernando. The original budget estimate for this project was based on preliminary plans prepared in June 1992. Staff is recommending that project scope be revised in order to keep the cost of the improvements within the budgeted amount. The cost of the improvements has increased due to the significant deterioration which has occurred to the paving surface since the original estimate was prepared. FISCAL IMPACT The City currently has budgeted $338,000 for the Graves Creek Road project from Fund 705 "Public Works". ATTACHMENTS Attachment A - Site plan and typical cross-sections 00006'7 0 200' 400' 800' Q o • SCALE: 1 "=400' @qC@pq R z 0 � J EXISTING CULVERTS NEW CULVERT 1 Air 0 1 I NEW D.I. NEW 36" CPP IJ/ 1.5' 4' it' 11' 3' 4"DG PATH 6" CL 2 BASE 6" AC EDGE DRAI EXCAVATE/EXPORT I EXISTING PAVEMENT: 5-6" AC ON 0-2" BASE \ GRIND AND USE AS BASE FOR NEW ROAD SECTION \ 1 ARDILLA TO BALBOA 1.5 4' 12' 12' 3' OG PATH 9 _ 6" CL 2 BASE 6" Ac 6" CL 2 BASE I EDGE DRAT 111 EXISTING PAVEMENT: 5-6" AC ON 0-2` BASE GRIND AND USE AS BASE FOR NEW ROAD SECTION BALBOA TO MONTEREY ATTACHMENT A GRAVES CREEK ROAD RECONSTRUCTION PROJECT 2/11/97 CITY COUNCIL 000068 I { REPORT TO CITY COUNCIL i CITY OF ATASCADERO Agenda Item: C-6 Through: Andrew Takata, City Manager Meeting Date: 2-11-97 From: /Steven L. Decamp, Acting Director I SUBJECT: I { Membership of the Ad Hoc Development Review Committ0e. RECOMMENDATION• Staff recommends that the membership of the Ad Hoc Eevelopment Review Committee be reaffirmed with replacements appointed for David Bewley and John Vial. 1 BACKGROUND: In July of 1994, the City Council appointed an Ad Hdc Development Review Committee. This committee was charged with alssisting the Council and Staff with a review of the building per it and development review processes . The work of the committee resulted in a series of recommendations aimed at streamlining the operations of the Community Development Department. ! Upon completion of its initial recommendations in Deicember of 1994, it was the consensus of the Council that the d Hoc Development Review Committee should be maintained fir future review of the development review process and progresls on implementing committees recommendations . The City Council may wish at this time to review thel membership of the Committee and revise or reaffirm that membersjhip. ATTACHMENTS: 1 I Ad Hoc Development Review Committee Membership Lit , i i r 000069 AD HOC DEVELOPMENT REVIEW COMMITTEE DAVID BEWLEY - City Council..................................I.... 466-7755 P.O. Box 137 Atascadero, CA 93423 ROBERT JOHNSON - Planning Commission Chair................ 461-1823 9469 Jornada Lane #4 Atascadero, CA 93422 ................. 461-1642 -606E) Eimto Read Ateseadere, GA 99422 ROBERT FISHER, ARCHITECT - Board of Appeals............. 466-7193 8925 Atascadero Atascadero, CA 93422 RICHARD SHANNON - Developer................................... 461-1300 7627 Morro Road Atascadero, CA 93422 STEVE BONESO - Contractor......................................... 434-1773 P.O. Box 1290 Atascadero, CA 93423 SHIRLEY MOORE - Citizen-at-Large................................ 466-1661 8200. Curbaril Atascadero, CA 93422 0000'70 • REPORT TO CITY COUNCIL Agenda Itjem: C-7 CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 02/11/97 City Manager File Numbjer: ZC 96011 Via: �.j!� Steven L. Decamp f1� Acting Community Development Director From: Doug Davidson, Senior Planner SUBJECT: Adoption of an ordinance amending Map 23 of the Official Zoning Maps by rezoning certain real property at 10920 El Camino Real from RMF/16 to RMF/16 (PD7) . RECOMMENDATION: Approval and adoption of Ordinance No. 319 on second; reading. BACKGROUND: On January 28, 1997, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 319 on first reading. /ph Attachment: Ordinance No. 319 0000'71 ORDINANCE NO. 319 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASC!iDERO AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 10920 EL CA4INO REAL FROM RMF/16 TO RMF/16 (PD7) (ZC 96011: NICHOLS/CHARNLEY/SHOLDERS) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 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 proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, ' the Atascadero Planning Commission held a public hearing on January 7, 1997, and has recommended approval of Zone Change 96011 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1 . The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptances 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse . environmental impacts. The Negative Declaration prepared for the project is adequate. 4 . Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 0000'72 i Ordinance No. 319 Page 2 F 6. Benefits derived from the overlay zone cannot be reasonably ' achieved through existingdevelopment standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcel listed below, '. and shown on the attached Exhibit A, which are hereby made a part of this ordinance by reference. Parcel 2, 36 PM 49 Assessor's Parcel 045-351-012 Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No. 7, the Tract Map (Tract 2234) shown on the attached Exhibit ! B, and any conditions of approval imposed during the approval of this zone change, Tentative Tract Map 96011, and/or any other associated applications. Section 3. 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 4 . 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 roll call vote: OU00`y:3 Ordinance No. 319 Page 3 AYES : NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 0000'74 ,s- EXHIBIT A rte► ■ ORDINANCE 319 `�' -c•nF,�,j COMMUNITY DEVELOPMENT DEPARTMENT \ \ C � / - 1 v a, vrfl /; y r IF TEE If \\\\ - Pr 0000"75 EXHIBIT B 0 !I - - - - -- -- ORDINANCE 319 �" c�nERo; COMMUNITY DEVELOPMENT , .�. DEPARTMENT TENTATIVE MAP- TRACT.223. AG AANNEODEVELOPMENT PD-7i - Y LI.. r...l.,.lr.lr .. .w.r......m K Ia ... �,. ftw+r..�..wl .tY• .es.rr rlp nFrriw �� � p{• /voWr/r.rrr wr _,jP�I � ✓ +Y+t—�'Z". IaP 4 ,utn� /•r/, rn N F w rn.1// T4 ✓ s� i i � �" e " LrWg'Y�lA �� .vvr a,rrrxi �l .v nwr.r/r/r,a �� rip�l. /L�ny � 0► / I r NI•N.•I, P4,cen W, cri fTA�/4T/L9, rn/ran.v[m,{r N aRc t Q+•wc. 1, 1 � �,� O f � I f{LHn•IGlrrr{r yr v/L,.t(r+rr✓Li 1 _ ♦'i ay � � I ' rIr f.wMr I v �t 4 �l �` � t i � i ! �� 7 it Y - 1 I , r,r -.t-� I I , rr w/r ii�nT••. //JJ I .lam♦ '�. 1, r • r r. - . p ..Tl. 1 rl Ric « n.+�♦w.♦♦Orr f•s F"! c Lrw/r/ /�/��41[R f �[�. Frr p♦a Nr. ,nw1.m w MW v.Y � Tr�I NYw rM1/(i.1T I�Iw+r r� YW r4r IY+I)I MrI{I..NIIN) 11rM' t%11 h.IM,w�y�'�'/r1►Ufl( . /il[rr.el//ngrl/[f/rl•IY Ar. w.rN/wlr �'v �.♦r:rK•u•..s/NL rno�c{.t p 'w'.'1xr".�..."'ili'%.`.."r r`�/r.+f.•er+ _ T/Vfi( lV A/-...� av Iwrn/ .♦ 4w rwF Tnr/.r• �'~ r 14XI►tJ[.f1.I fi/NLI� _ IVNN bIWIry. _' NI,f r./[ RMvnIW rN!w+f�. IN/N♦,IMG,/, /IAN/OlR A wio.�a_'r♦F/ /.r lrR 1lwwrl'rrl n•/10/�v." ♦ O NI.�I,rf.1{r ryl rYMI/. � r♦Lvp LIr Iu�, �v AVI`IH{I♦RIN wt L.n b• ILlt.reNn IM'I,,p�,AMv/Yr1AIN+R{T'. sly l-y 0000'76 i I REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: C-8 Via: Andrew J. Takata, City Manager . From: Roy A. Hanley, Acting City AttorneyI ' Meeting Date. 2/11/97 SUBJECT: Amendments to skateboard ordinance (2"d reading) RECOMMENDATION: I Motion to waive the reading of Ordinance No. 320 in full and j adopt on second reading, by title only. BACKGROUND: Ordinance No. 320 was before the City Council at your January 28th meeting for consideration. It is presented for second reading and adoptionl this evening and 28corporates slight changes to Section (b)(2), as determined by the Council on the thi RAH:ch I I 9 s i w I 's s i i i 000077 From: ROY A. HANLEY 8052389398 To: 02Z11i97 14:23 P. 002 ORDINANCE No. 320 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ATASCADERO, CALIFORNIA ADDING SECTION 4-2.1011 TO THE ATASCADERO MUNICIPAL CODE, PROHIBITING SKATEBOARD AND ROLLERBLADE CRUISING THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4-2.1011 is added to the Atascadero Municipal Code to read as follows: 4-2.1011. Cruising on Skateboards and Rollerblades prohibited. (a) It Is unlawful for any person on a skateboard, rollerblades or similar device to cruise on any public or privately owned sidewalk, parking lot or pedestrian walkway that is generally held open for public use to %wrve a facility which serves the public, including, but not limited to, shopping centers, professional offices, malls, movie theaters, restaurants, hotels, motels, retail stores, bowling alleys, other business establishments, school sites and administration building, parks and public buildings. (b) Cruising is defined as: (1) Use of skateboard, rollerblades or similar device for the sake of use, without immediate destination, at random or for the purpose of socializing with other skateboarders or rollerbladeers; or (2) The repetitive operation of a skateboard, rollerblades or similar device past a specific point within a period of twenty (20) minutes. "Specific point' shall mean a location, in an area described in 4-2.1011(a),oselected by a peace officer on duty as an observation point in order to monitor conditions for potential violations of this article. (c) Any violation of this section shall be punishable as set forth in Section 4- 2.1010. SECTION 7. EFFECTIVE DATE This ordinance takes effect at 12:01 a.m. on the 31st day after it is adopted. Within fifteen 0000"7'7. 1 From: ROY A. HANLEY 8052389398 To: 02/11/97 14:23 P. 003 (15) days after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of general circulation published and circulated to the City of Atascadero. $ECTIQN S. HISTQRY This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on January 28, 1997, and adopted by the following vote as an ordinance of the City of Atascadero at a regular meeting of the City Council on 1997. AYES* Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Counclimembers: Signed: Ray Johnson Mayor of the City of Atascadero Attest: Approved as to Form: Marcia Torgerson, City Clerk Roy A. Hanley, Interim City Attorney akAtehrd.ord 0000'77.2., i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item; C-9 1 3 Via: Andrew J. Takata, City Manbger From: . Roy A. Hanley, Acting City Attorney Meeting Datle: 2/11/97 SUBJECT: Newsrack Ordinance (2"d reading) RECOMMENDATION: Motion to waive the reading of Ordinance No. 321 in full and adopt on second reading, by title only. BACKGROUND: Ordinance No. 321 was before the City Council at your January,28th meeting for consideration. It is presented for second reading and adoption`' this evening and incorporates slight changes to Section 4(3) (Penalty), as determined by the Council on the 28`h . RAH.-ch 000078 I ORDINANCE NO. 32i AN ORDINANCE OF THE CITY OF ATASCADERO PROVIDING FOR THE REGULATION OF NEWSRACKS AND REPEALING SECTIONS INCONSISTENT THEREWITH WHEREAS, the city recognizes the possible harmful effects on children and minors exposed to the materials that are harmful as defined in Section 313 of the Penal Code of the State if such materials are displayed in a public place, other than,a public place from which minors are excluded, unless blinder racks are placed in front of the materials that the lower two-thirds of the material is not exposed to view; and WHEREAS, the City Council has considered the decisions of the United States Supreme Court, decisions of various federal courts of appeal, as well as decisions of the. Supreme Court of the State of California and the Courts of Appeal of California, regarding local regulation of newsracks, including but not limited to: Kash Enterprises. Inc. v. City of Los Angeles (1977) 19 Cal 3d. 294; Smith v. California (1959) 361 U.S. 147; Ginsberg v. New York (1968) 390 U.S. 629; American Booksellers v. Webb (11th Cir. 1990) 919 F. 2d 1493; and Berry v. City of Santa Barbara (1995) 40 C.A. 4th 1075; and WHEREAS, the City Council has determined that the California Penal Code alone does not adequately protect minors from harmful material; and WHEREAS, it is not the intent of this ordinance to deny adults access to materials protected by the First Amendment, but to eliminate only the display of harmful matter to children and minors. NOW THEREFORE, The City Council of the City of Atascadero does ordain as follows: SECTION 1. PURPOSE. The intent and purpose of this section is to promote the public peace, morals, health, safety and general welfare by regulating the placement and appearance of newsracks so as to protect against the dangers of the public dissemination and/or display of harmful or offensive matters to minors. The City Council finds and determines that the strong and competing interests of the public and of newspapers require a reasonable accommodation which can only satisfactorily be achieved through the means of this section which is designed to accommodate such interest by regulating the time, place and manner of using newsracks. It is not the intent of this section to in any way discriminate against, regulate or interfere with the publication, l OUO0'78, / circulation, distribution or dissemination of any newspapers. SECTION 2. DEFINITIONS. r For the purposes of this section, the words set out in this section shall have the following meanings: 1. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or new periodicals. 2. "Person" means any individual, company, corporation, association, business or other legal entity. _ SECTION 3. STANDARDS AND SPECIFICATIONS. 1. No person shall knowingly display to public view in any newsrack or other display device, any material which is defined by Penal Code Section 313 et seq. as harmful to minors, photographs or pictorial representations of the commission of any of the following acts: sodomy, oral; copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is: (a) Displayed in an area from which minors are excluded, or (b) Is covered by a device, commonly known as a "blinder rack," such that the lower two-thirds (2/3) of the material is not exposed to view. 2. A person commits the offense of disseminating harmful materials to minors, as defined under§ 313 et seq. of the Penal Code, if, with or without consideration and knowing the character or content of the material, he knowingly: (a) Sells, furnishes, presents, or distributes to a minor material that is harmful to minors, without consent of a parent or guardian; or (b) Allows a minor to review or peruse material that is harmful to minors without consent of parent or guardian. SECTION 4. NON-CONFORMING NEWSRACKS. 1. The provisions of Section 1 shall apply to all newsracks whether installed and 2 000078.,2. maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior-to the effective date of any provision enacted herein shall be brought into compliance with said provisions within thirty (30) days of the effective date thereof. 2. Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this section. 3. Penalty. Any person violating any of the provisions of this section shall be guilty of an infraction, and upon conviction thereof, shall be subject to a fine not to exceed fifty dollars ($50.00) for first violation; a fine not exceeding one hundred dollars ($100.00)for a second violation of the same section within one (1) year; a fine not exceeding two hundred dollars ($2-00:00)' for each($500.00)- additional violation of the same section within one year. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 5. SEVERABILITY. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity with the remaining section, subsection and clauses shall not be effected thereby. SECTION 6. CONFLICTING ORDINANCE REPEALED All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 7. EFFECTIVE DATE This ordinance takes effect at 12:01 a.m. on the 31st day after it is adopted. Within fifteen (15) days after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the City of Atascadero. 3 000078. 3 ee - i SECTION 8. HISTORY This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on January 28, 1997, and adopted by the following vote as an ordinance of the City of Atascadero at a regular meeting of the City Council on , 1997. AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: Signed: Ray Johnson Mayor of the City of Atascadero Attest: Approved as to Form: Marcia Torgerson, City Clerk Roy A. Hanley, Interim City Attorney nmsZord 4 000078, 'y M ETINe- 7 AGEW1 3 San Luis Obispo Council of Governments p Arroyo Grande Regional Transportation Planning Agency Atascadero Grover Beach WIWI'. Metropolitan Planning Organization; Morro Bay Con estion Management A enc Paso Robles g g g y Pismo Beach State Census Data Affiliate San Luis Obispo Ronald L. DeCazli -Executive Director San Luis Obispo County January 29, 1997 1 A.J 3 1 1997 Ray Johnson Mayor City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: RECRUITMENT FOR THE CITIZENS' TRANSPORT TION ADVISORY COMMITTEE (CTAC) i Dear Mayor Johnson: i Following the resignation of the City of Atascadero representative, Jim Edwards, a vacancy exists for your. City on the C tizens' Transportation Advisory Committee (CTAC'). The position is reserved for a delegate of your choice. We would appreciate your attention to this matter and have enclosed the appropriate recruitment materials with this letter. i As you are aware, the CTAC is an advisory committee of the San Luis Obispo Council of Governments (SLOCOG). Its membership is comprised of appointments from each supervisorial district and each incorporated city, as well as four"at large" appointments me de by SLOCOG. 1 Please note, the California Government Code, (Chapter 10, Section 549714) requires a special vacancy notice to be posted in the office of the Clerk and other places at Fast ten working days prior to your final appointment. Enclosed is a vacancy notice, a copy of the pommittee bylaws, an application form which may be copied, posted and distributed to interested persons, and a news release. Please do not hesitate to contact us with your questions or concerns at 781-4219. s Sincerely, 1 i Ronald L. DeCarli Executive Director cc: Hal Carden, SLOCOG Delegate Andy Takata, City Manager i SUE\D0CS\CTACAPPT.1/97 0000' 9 1150 Osos Street, Ste. 202, San Luis Obispo, CA 93401 *Tel. (805.)781-42 Fax. (805) 781-5703 CITY OF ATASCADERO NOTICE OF�VACANCY ON CITIZENS'TRANSPORTATION ADVISORY COMMITTEE January 29, 1997 Notice is hereby given, pursuant to Section 54974 of the California Government Code, that an unscheduled vacancy occurs on the following committee: NAME OF COMMITTEE: CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE PURPOSE: The Citizens' Transportation Advisory Committee reviews and prepares recommendations to the San Luis Obispo Council of Governments, a regional transportation planning agency, on all phases of their transportation planning program, including transit, streets and roads, bicycle facilities, airports, funding, and plan preparation. MEETINGS: Meetings are generally held every other month on Wednesday evenings in San Luis Obispo from 6:00 p.m. to approximately 9:00 p.m. TERM: Discretion of the City of Atascadero i For further information, please contact: Ray Johnson or Dan Herron Mayor Senior Transportation Planner City of Atascadero San Luis Obispo Council of Governments 6500 Palma Avenue 1150 Osos Street, Suite 202 Atascadero, CA 93422 San Luis Obispo, CA 93401 (805) 461-5011 (805) 781-5711 I, , , State of California, do hereby certify that the above Notice of Vacancy was posted in accordance with Section 54974 of the California Government Code on , 1997 VACANCY OF: CITIZENS' TRANSPORTATION ADVISORY COMMITTEE EFFECTIVE: SUE\D0CS\CTACAPPT.197 nnnnsan ADOPTED: June 6, 1985 RATIFIED: May 8, 1986 AMENDED: May 20, 1992 CITIZENS TRANSPORTATION ADVISORY COAUWRTTEE BYLAWS ................................. ................................. FUNCTIONS The Citizens Transportation Advisory Committee (hereinafter referred to as "CTAC") serves as representatives of the general public. The functions of CTAC are as follows: A. To develop and forward recommendations on transportation policies and implementation. B. To review and study existing transportation related affairs. • ................................... .................................... MEMBERSHIP Section 1: Regular Members. Sixteen (16) regular members, representing various public interests concerned with transportation, shall be appointed to the Citizens Transportation Advisory Committee (CTAC) by the Board of Supervisors, incorporated cities and the San Luis Obispo Council of Governments as follows:. 0 One appointed by the city council (7 members) 0 One appointed by each District Supervisor (5 members) 0 Four at-large, appointed by the San Luis Obispo Council of Governments, with emphasis placed on assurance of a balanced representation of user groups. Each regular member shall serve so long as the appointing body allows or until resignation. Vacancies shall be filled by the appropriate appointing agency. Each regular member shall have full voting privileges. -1- sue\mis\c9200641.mis 000081 Section 2: Technical Advisory Members. Representatives of government agencies, including but not limited to the agencies included as Appendix I herein, shall be advisory members to the Committee and shall receive minutes and agendas and have full rights of committee membership, except that no Technical Advisory Member shall be permitted to vote on Committee matters. Section 3: Absences. Members shall be notified in writing after two (2) consecutive absences from regular Committee meetings. The Committee may recommend that the appointing entity drop a member from its rolls after three (3) consecutive absences upon a vote of two-thirds of the active Committee membership. Section 4: Vacancies. Should a vacancy occur on the Committee by reason of resignation, disability, or otherwise, the original appointing entity shall then appoint a member to fill the vacancy. mpg" OFFICERS Section 1: Officers. The officers of the Committee shall consist of a Chairman and Vice Chairman. A staff secretary will be provided to: 1. Keep the minutes of all meetings. 2. Give or serve all notices required by these Bylaws. 3. Prepare the agenda for all meetings. 4. Be custodian of Committee records. Section 2: Selection of Officers. The Chairman and Vice Chairman shall be chosen by majority vote of the regular members of the Committee. Secretarial services shall be provided by the San Luis Obispo Council of Governments. The selection of officers shall take place at the April meeting. Section 3: Term of Office. Officers shall serve for a term of one year. No elected officer shall serve more than two (2) consecutive one-year terms in any office. Section 4: Vacancies. When a vacancy occurs it shall be filled by an election at the next regular meeting to follow such vacancy by a majority vote of the members present. -2- sue\mis\c9200641.mis 00008; Section 5: Duties of Officers. A. Chairman: 1. To preside at all meetings of the Committee. 2. To call special meetings of the Committee in accordance with these Bylaws. 3. To see that all actions of the Committee are properly taken. 4. To appoint standing subcommittees. B. Vice Chairman: 1. To exercise or perform all the duties and be subject to all the responsibilities of the Chairman during the absence, disability, or disqualification of the Chairman. 2. To assist the Chairman in the conduct of Committee business. iU MEETINGS Section 1: Regular Meetings. A Regular meeting of the Committee shall be held at least prior to each Area Council meeting. Notice shall be sent to members stating the time and place of the meeting. A Regular meeting may be cancelled or rescheduled by the Committee at any meeting. Section 2: Special Meetings. The Chairman may call a Special meeting of the Committee, provided written notice is given all members at least 24 hours in advance and proper public notice is given. Section 3: Quorum. A quorum shall consist of a majority of regular members of the Committee. No formal action shall be taken in the absence of a quorum, except to adjourn the meeting to a later date. Section 4: Agenda. Items for the agenda shall be provided to the Chairman by staff at least seven(7)days in advance of the meeting. The Chairman, at his/her discretion, may add matters of urgent business to the agenda. A written copy of the agenda for each meeting shall be given each regular and Technical Advisory member at least 48 hours in advance of a regular meeting. • -3- sue\mis\c9200641.mis 000083 Section 5: Proceedings. In all matters, not otherwise provided for herein, all meetings of the Committee shall be conducted in accordance with Robert's Rules of Order, Newly Revised. 1 ' V ........................... ........................... ........................... SUBCONEM[I TEES` Section 1: The Chairman shall appoint the members and determine the duties of Subcommittees, as needed or directed by the Committee. Section 2: Subcommittees shall make and submit recommendations to the full Committee for appropriate action. mom" .................................... ................................... .................................... ................................... EFFECTIVE DATE Section 1: These Bylaws and any amendments shall go into effect upon the date of adoption by the San Luis Obispo Area Coordinating Council. APEI`�D ............................... ............................... ................................ TECII IICAL ADVISORY COMMITTEE MEMBERS COUNTY ENGINEERING DEPARTMENT COUNTY DEPARTMENT OF PLANNING AND BUILDING STATE DEPARTMENT OF TRANSPORTATION sue\mis\c9200641.mis -4- sue\mis\c9200641.mis 000084 APPLICATION FOR APPOINTMENT CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE NAME OF APPLICANT: RESIDENCE STREET ADDRESS: CITY: ZIP: RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: BUSINESS STREET ADDRESS: CITY: ZIP: 1. Are you a full-time paid officer or employee of local/state government (circle one)? NO YES If yes, where position 2. Education: 3. Present occupation: 4. Membership in organizations Please describe why you are interested in serving on this committee. (Use reverse side for any additional information - 200 words maximum): 6. Please describe other community activities that you have been involved in. Signature of applicant: 8. Date: SU E\DOCS\CTACAPPT.197 000085 NEWS RELEASE January 29, 1997 FOR IMMEDIATE RELEASE SUBJECT: NOTIFICATION OF VACANCY ON THE CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (CTAC) Mayor Ray Johnson announces that there is a vacancy on the Citizens' Transportation Advisory Committee. This committee is advisory to the San Luis Obispo Council of Governments (SLOCOG), a regional transportation planning agency for the County of San Luis Obispo. Its membership is comprised of an appointment from each supervisorial district, each incorporated city in the county, as well as four "at-large" appointments made by SLOCOG. Presently, one vacancy exists to be appointed by the City of Atascadero (contact: Mayor Ray Johnson, 461- 5011). The committee reviews and prepares recommendations to the SLOCOG Board on all phases of their transportation planning program, including public transit, airports, streets and roads, funding, and plan preparation. The committee is an active, effective committee which normally reviews and submits recommendations on transportation-related staff reports and plans. The committee normally meets on Wednesday's of alternative months from 6:00 p.m. until approximately 9:00 p.m., in San Luis Obispo. For more information, please contact Dan Herron, Senior Transportation Planner, at 781-5711. 000086 SUE\D0CS\CTACAPPT.197