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HomeMy WebLinkAboutAgenda Packet 04/14/1998 *PUBLIC REVIEW COPY Please do not remove AGENDA from counter ATASCADERO CITY COUNCIL MEETING TUESDAY,MARCH 24, 1998 City of Atascadero 6500 Palma Avenue,4th floor Atascadero, California REGULAR SESSION,7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Johnson ROLL CALL: Mayor Carden Mayor Pro Tem Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF A4 ENDA: Roll Call COUNCIL ANNO CEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action t have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda.) PRESENTATIONS: A. Proclamation Proclaiming April 4, 1998 as"Day of the Child"and the month of April 1998 as"Mo th of the Child. B. Presentation I o Lt. William Watton C. Presentation lo Mr. Steve DeCamp COMMUNITY FORUM: (This portion of the r,7eeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunityfor any member of the public to address the Council concerning the item before action is taken) 1. City Council Minutes—February 24, 1998—(City Clerk recommendation: Approve) 2. City Council Minutes—March 10, 1998-(City Clerk recommendation: Approve) 3. February 1998 Accounts Payable and Pa roll—Fiscal Impact: $754,327.05 (Staff recommendation.: Review and approve) B. PUBLIC HEARINGS: (none submitted) 1. General Plan Amendment#97011 /Zone Change#97012— 3705-3905 El Camino Real Fiscal Impact: None (Planning Commission recommendations: 1.Approve Resolution No. 1998-015 approving GPA #97011 and, 2. Adopt Ordinance 345 approving Zone Change #97012, waive the reading in full and introduce for first reading by title only) [Paul Saldana] C. MANAGEMENT REPORTS: 1. Economic Development Investment Strateay—Fiscal Impact: On a case by case basis will increase revenues if properly designed—(Staff recommendation: Receive and file report) [Paul SaldanaJ 2. Cable Television in Atascadero—Fiscal Impact None—(Staff recommendation: Authorize the City Manager to initiate discussions with Falcon Cable) [Wade McKinney] 3. Atascadero Dial-A-Ride Management Contract—Fiscal Impact:None—(Staff recommendation: Authorize solicitation of proposals from transit contractors) [Brady Cherry] 4. General Plan Amendment#97009,Zone Change#97008 and Tentative Parcel Map #97004—7930 Santa Rosa Road(Gearhart)—Fiscal Impact: None (Staff recommendation: Deny Ordinance No. 343, rescind Resolution No. 1998-010, and rescind Resolution No. 1998-007) [Wade McKinney] 5. Information Bulletin 2 D. CITY ATTORNEY REPORTS 1. Parking Ordinance for Vehicles for Sale—Fiscal Impact:,Minor increase in revenues from the collection of fines (City Attorney Recommendation: Waive reading of Ordinance No. 346 and introduce for first reading by title only) [Roy Hanley] E. COMMITTEE REPORTS (Thefollowir,g represent standing committees. Informative status reports will be given, as felt necessary): 1. S.L.O. Counc 1 of Governments/S.L.O.Regional Transit Authority 2. Finance Comi nittee 3. Economic Ro md Table 4. Water Comm ttees A. SLO County Flood Control&Water Conservation District Water Resources Advisory Committee B. Nac' iento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 5. Integrated W ste Management Authority 6. North County Council 7. Air Pollution Control District 8. County Mayor's Round Table 9. Economic Vi ality Corporation,Board of Directors 10. City/School Committee F. INDATIDUA L DETERNIINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer G. ADJO NT: THE COUNCIL WflL ADJOURN TO THE NEXT SCHEDULED REGULAR MEETING ON APRIL 14, 1998. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, thai person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 3 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The Cita Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103), available for public inspection during City Hall business hours. 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, (805)461-5074. 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. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing is open and request anyone interested to address the Council regarding the matter being considered. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes (unless changed by the Council) • No one may speak fora second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice oil any item. The Mavor will announce when the hearing is closed, and thereafter, no further public comments will be heard b\-the Council TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience having, business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council).' TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. "Day of the Child" April 4, 1998 "Month of the Child" April 1998 Whereas, In San Luis Obispo County, there are 35, 870 children under the age of 12 who need access to comprehensive integrated services and 69% need quality child care while their parents are working;and Whereas, Quali child care is no longer a fringe benefit but a necessity for working parents to be productive and happy a ployees. And local employers need to be champions in supporting the many challenges facing these rking parents and families;and Whereas, The c9unty of San Luis Obispo recognizes that every moment in a child's life is an opportunity for them to i earn and that the early years determine whether a child succeeds in school and in life, and that every child needs at least one caring and loving adult in their life and may we in San Luis Obispo County always p ce children first;and Whereas,April, the Month of the Child, is a national celebration focusing public attention on the needs of yo9ung children, our youth and their families, particularly their need for programs of high quality;and Whereas, Satulday April 4, 1998, will commemorate the 20th annual "Day of the Child" celebration during Children's Day in San Luis Obispo Mission Plaza. A day where children and families will interact with the agencies and programs providing services throughout the County;and Whereas, Theactivities of this day and month will provide an opportunity to acknowledge quality youth and early childhood programs and their dedicated staff and to applaud their efforts to improve the quality, availability, and accessibility of such programs;and Whereas, Community Partners in Child Care as the local child care planning council, the Family Child Care Association of San Luis Obispo County, the San Luis Obispo Association for the Education of Young Children, and the County Commission of Children and Youth work cooperatively to coordinate the events and activities of the Day and Month of the Child;and Whereas, All citizens are encouraged to do what they can at work, at home, and within the community to make sure that all children, youth, and families have the opportunity and support to thrive. And may we remember to listen to and watch the children around us and remember to have patience and allow them to enjoy the iourney of childhood. And may no child be left behind, Their future in our hands. Now, Therefore, I, the Mayor of the City of Atascadero, California, do hereby officially proclaim: April 4,1998 to be "Day of the Child" and April 1998 to be"Month of the Child" In the City of Atasc dero, California this 24th day of March in the year one thousand nine hundred and ninety-e'ght. Harold L.Carden,III,Mayor Atascadero City Council ITEM NUMBER: A - 1 DATE: 03/24/98 ATASCADERO CITY COUNCIL MINUTES TUESDAY,FEBRUARY 24, 1998 REGULAR SESSI N,7:00 P.M.: Mayor Carden called the Regular Session to order at 7:05 p.m. and Council Member Luna led the ROLL CALL: Present: Council Members Clay, Johnson,Lerno,Luna and Mayor Carden Absent: None Staff Present: City Manager Wade McKinney; Acting Finance Director Rachelle Rickard; Community Services Director Brady Cherry; Chief of Police Dennis Hegwood; Community Development Director Paul Saldana; Assistant City Engineer John Neil; City Planner Steve DeCamp; and City Attorney Roy Hanley. Others Present: City Clerk Marcia Torgerson APPROVAL OF A ENDA: Mayor Carden anno ced that Item#A-6 will be continued to the next scheduled City Council Meeting on March 1 , 1998. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve the agenda. Motion carried by a voice vote. COUNCIL ANNOI NCEMENTS AND REPORTS:. None. PRESENTATIONS: Mayor Carden presented plaques of recognition to outgoing Planning Commissioners, Robert Johnson and Donna Wallace. COMMUNITY FO UM: CC 02/24/98 Page 1 of 4 COMMUNITY FORUM: Rush Kolemaine, P.O. Box 1990, expressed his concerns with the errors he found in the Transit Plan that the Council will be reviewing at their next meeting. Eric Greening, 7365 Valle, stated that the Nacimiento project timetable has been extended. He also expressed his concerns with the Council allowing the facilitator of the Strategic Planning Workshop to attend a Closed Session meeting during the evaluation of the City Manager. City Attorney Roy Hanley responded that when evaluating employees, the Council may have people that aid them in the process attend the Closed Session. --end COMMUNITY FORUM-- Mayor Carden introduced Atascadero's new Community Development Director, Paul Saldana, to the public and welcomed him to Atascadero. Mr. Saldana said that he is happy to be here and is looking forward to working with the Council and members of the community. A. CONSENT CALENDAR: 1. City Council Minutes - January 27, 1998 - (City Clerk recommendation: Approve) 2. City Treasurer's Report - January 1998 - (City Treasurer's recommendation: Review & accept) 3. January 1998 Accounts Payable and Payroll - Fiscal Impact: $866,041.29 (Staff recommendation: Review and approve) 4. FEMA Storm Damage Repair Projects - Fiscal Impact: $0.00 (Staff recommendation:Authorize the City Manager to enter into an agreement with Nick E. Pokrajac, Inc. to construct the FEMA funded storm damage repair projects) 5. Acquisition of Public Drainage Easement Fiscal Impact: 2,266.35 (Staff recommendation: Authorize the City Manager to expend funds for the acquisition of a public drainage easement from the Frederick H. and Wanda M. Frank Living Trust) 6. Zone Change #97008 - 7930 Santa Rosa Road (Gearhart) - Fiscal Impact: None (Staff recommendation: Adopt Ordinance No. 343, waiving reading in full and introducing for second reading by title only) Mayor Carden had continued Item #A-6 from the Consent Calendar during the Approval of Agenda portion of this meeting to the March 10, 1998 meeting. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4, and 5. Motion carried 5:0 by a voice vote. Council Member Luna called for a Point of Order and asked if the Consent Calendar should be approved by a roll-call vote. City Clerk Marcia Torgerson stated that it is the normal procedure CC 02/24/98 Page 2 of 4 to approve the Consnt Calendar by a roll-call vote. Mayor Carden asked for a roll-call on the Consent Calendar motion. Motion passed 5:0 by a roll-call vote. B. PUBLIC ARINGS: (none submitted) C. MANAGEMENT REPORTS: 1. Atascadero Waste Alternatives Rate Increase - Fiscal Impact: Minimum revenue increase (St ff recommendation:Authorize Atascadero Waste Alternatives to adjust the annual Consumers Price Index (CPI) in April instead of May to coincide with a rate adjustment f r Chicago Grade Landfill for the year 1998)) City Manager Wade McKinney gave the staff report. --No PUBLIC COMMENT— MOTION: O NT—MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to authorize Atascadero Waste Alternatives to adjust the annual Consumers Price Index (CPI) in April instead of May to coincide with a rate adjustment for Chicago Grade Landfill for the year 1998. Motion passed 5:0 by a roll-call vote. 2. Information Bulletin A. Joint City Council / Planning Commission Meeting B. Congressional Debate D. COMMITTEE REPORTS S.L.O. Council ofGovernments/S.L.O. Re Tonal Transit Authority Mayor Carden stated that they will be meeting next week. Water Committees Council Member C ay stated that they will be meeting in March. County Mayor's R and Table Mayor Carden stated that they will meet this Thursday and Mayor Pro Tem Johnson will be attending for Mayor Carden. C it / Schools Committee Mayor Carden stated that they will be meeting on March 9'. CC 02/24/98 Page 3 of 4 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Johnson thanked City Manager Wade McKinney for going out into the community and meeting with concerned citizens. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session at 7:30 p.m. to the next regularly scheduled meeting on March 10, 1998. MINTUES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk CC 02/24/98 Page 4 of 4 ITEM NUMBER A — 2 DATE: 03/24/98 ATASCADERO CITY COUNCIL MINUTES TUESDAY,MARCH 10, 1998 REGULAR SESSION,7:00 P.M.: Mayor Carden called the Regular Session to order at 7:00 p.m. and he also led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Johnson,Lerno, Luna and Mayor Carden Absent: None Staff present: City Manager Wade McKinney, Fire Chief Mike McCain, Chief of Police Dennis Hegwood, Community Development Director Paul Saldana, Community Services Director Brady Cherry,Acting Finance Director Rachelle Rickard, and City Attorney Roy Hanley. Others present: City Clerk Marcia Torgerson APPROVAL OFA ENDA: Roll Call MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve the agenda. Motion passed 5.-0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Cla stated that voting is a privilege and encouraged all to vote. PRESENTATIONS A. Proclamation officially declaring March 11, 1998 as"Arbor Day" Rick Mathews,president of the Atascadero Native Tree Association, accepted the Proclamation and invited the public to attend"The Festival of the Oaks." Saturday,April 18, 1998, 11 a.m.— 5 p.m. at the Atascadero Lake Park. B. Proclamation fficially declaring March 19, 1998 as"Absolutely Incredible Kid Day" Dale Gustin, f Camp Fire Association, accepted the Proclamation and encouraged everyone to write a letter to a kid on March 19, 1998. C. Recognition to Michael Vincent for an act of bravery above and beyond the call of duty. Mayor Carden and Fire Chief Mike McCain gave Mr.Vincent a plaque which read, "for service above and beyond the call of duty by a citizen on February 19, 1998,by risking your own life to rescue victims of a structure fire in the City of Atascadero." D.. Presentation to Frank Cardinale,retired police officer. Chief Hegwood gave a brief biography of Officer Cardinale and presented him with a plaque recognizing his service to Atascadero. COMMUNITY FORUM: None A. CONSENT CALENDAR: Roll Call 1. City Council Minutes—.February 10, 1998—(City Clerk recommendation: Approve) 2. Acceptance of Final Parcel Map—7400 Morro Road(Gearhart)/AT 96-145 Fiscal Impact: Negligible or beneficial, depending on type of development (Staff recommendation: Accept the Final Map for approved Tentative Parcel Map#97001) 3. Revised Lease with Charter Organizations of Local Boy Scout Troops—for the Pavilion Basement—Fiscal Impact: None (Staff recommendation: Authorize City Manager to execute revised lease) 4. State Office of Emergency Services—Designation of City Representatives—Fiscal Impact: None— (Staff recommendation: Approve Resolution No. 1998-014 authorizing certain City representatives to execute State Office of Emergency Services documents for certain financial assistance) 5. Zone Change#97008—7930 Santa Rosa Road(Gearhart)—Fiscal Impact: None (Staff recommendation: Table Zone Change #97008 and have staff return the item to the Council's agenda when their research is completed) Council Member Luna pulled#A-5. Council Member Lerno stated that he would be abstaining from#A-2 and#A-5. MOTION: By Council Member Luna and seconded by.Council Member Clay to approve Items A-1,3 and 4. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson to approve Item#A-2. Motion passed 4:0 by a roll-call vote. RE: #A-5: Council Member Luna stated that he pulled#A-5 for clarification of the status of the Resolutions that were approved on February 10, 1998 relating to this issue. City Manager Wade McKinney explained that the entire issue is being reviewed. City Attorney Roy Hanley agreed that the City's position is that all the Resolutions and decisions made on this issue February 10, 1998 are under review and tabled until the Council reviews it. CC 03/10/98 Page 2 of 4 Eric Greening, 73 651V alle, stated that he was also confused by this issue. He asked that when this issue comes back before the Council that it not be a routine second reading and that it will be de novo. City Attorney Roy Hanley responded by stating that second readings are all de novo, that's why ordinances have to have second readings. Mary Hickey, 7950 S to Rosa Road, asked for clarification of this issue. Mayor Carden stated that it is his interpretation that the City is reviewing this issue in its entirety and that it will come back to the Council for action. Ms. Hickey asked for notification when this issue comes back on the Council's agenda. Mayor Carden stated that he will personally notify her. Ms. Hickey asked for an explanation of iow a subdivision can be approved when a zone change has not occurred. City Attorney Roy H ey responded that it would be the City's position that everything is up for discussion as far as this application goes. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve Item#A-5. Motion passed 4.0 by a roll-call vote. B. PUBLIC HE NGS: (none submitted) C. MANAGEMENT REPORTS: 1. Information Bulletin A. Employee update D. COMMITTEE REPORTS Economic Round Table Mayor Pro Tem John on stated that he's been holding discussions with the City Manager to review the whole iss a of the ERT and how that ties into the Economic Development Element. SLO Countv Flood C ntrol& Water Conservation District Water Resources AdvisoKy Comm. Council Member Cla stated that they are creating a new, updated report concerning water issues for the County. This report will include projected buildout, agriculture use and alternative sources. North CollgV Water ask Force Council Member Cla stated that Bob Lilley, County Agriculture Department, gave a presentation on the past and present use of agricultural water. Integrated Waste Management Authori Council Member Luna stated that they meet tomorrow. He explained that the diversion rate for Atascadero was 47% and the highest of all the jurisdictions. Air Pollution Control District Council Member Ler io stated that he attended a workshop this morning that is designed to give new members information concerning air pollution control and the laws that pertain to the issue. CC 03/10/98 Page 3 of 4 County Mayor's Round Table Mayor Pro Tem Johnson said that he attended the last meeting for Mayor Carden and explained that they discussed the overall coordination of economic development efforts. Economic VitalitCorporation, Board of Directors Mayor Pro Tem Johnson stated that there is a sub-committee now active concerning the high- tech area. City/Schools Committee Council Member Lerno stated that they shared ideas and City Manager Wade McKinney stated they set timeframes for suggested routes to school and the joint use of facilities reports that are to be back to the City/Schools Committee at their next meeting. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna said that San Luis Obispo passed an Open Space Ordinance. He asked if Atascadero could get a copy of that ordinance and look into passing such an ordinance here in Atascadero. Mayor Carden asked about the progress on developing a Redevelopment Authority.-City Manager Wade McKinney responded that the Council should be seeing information on that issue in about 30 days. Mayor Carden also asked about an economic development incentive program. He stated that he's been asking staff to develop such a program since he's been in office (3 '/2 years) and he hopes it will come to pass before his term is up. City Manager Wade McKinney responded that the suggested policy will be on the Council's next agenda. Mayor Pro Tem Johnson announced that he will be out of town for the meeting of April 28, 1998. F. ADJOURNMENT: Mayor Carden adjourned the Regular Session to the next scheduled meeting of March 24, 1998. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson,.City Clerk CC 03/10/98 Page 4 of 4 ITEM NUMBER: A-3 DATE: 03/24/98 ■ .. on 1918 1 9 ,, A 1SCAI City Manager's Agenda Report Wade G. McKinney FEBRUARY 1998 ACCOUNTS PAYABLE & PAYROLL RECOMM NDATION Approve certified City accounts payable,payroll and payroll vendor checks for February 1998. DISCUSSION Attached for Ci y Council review and approval are the following: Payroll Period H,nd 01/30/98 Ck. # 33772-33914 $ 123,799.02 Period H nd 02/13/98 Ck. # 33951-34083 126,735.99 S ecial Pa roll Dated 0 /25/98 Ck. #34103-34206 18,775.00 Pa roll Vendors Dated 0 /06/98 Ck. #33923-33950 44,476.40 Dated 02/20/98 Ck. #34084-34102 46,788.34 Dated 02/28/98 Ck. #34207-34212 29,489.34 Dated 02/28/98 Ck. #34354-34361 34,345.18 Accounts Payable Dated February 1-28, 1998 Ck. #-60826-61188 285,320.65 Ck. #EFT14-EFT16 44,597.13 TOTAL AMOUNT $ 754,327.05 City Manager's Agenda Report February 1998 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is $754,327.05 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: March 9, 1998 Rachelle Rickard Acting Finance Director Approved by the City Council at a meeting held March 24, 1998. Marcia M. 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Council a opt Ordinance 345,by title only waiving reading in full, approving ZC 97012 amending the Zoning Ordinance Map from Commercial Neighborhood (CN)to Commercial Retail (CR)at 3705-3905 El Camino Real DISCUSSIO Analysis: The Planning Commission held a public hearing on March 3, 1998 to consider staffs proposal to amen the General Plan and Zoning Ordinance maps for the property located on the east side o El Camino Real north of San Anselmo from Neighborhood Commercial to R Aail Commercial. After limited discussion, and no public testimony,the Planning Commi sion approved the proposal on a unanimous (6:0)vote with Commissioner Clark absent. The recommended General Plan and Zoning Ordinance Map amendments would.change the land use desi ation on some nine(9) acres of neighborhood commercial property to retail commercial. Specific information relative to the history of the designation of this property, and its development history, is contained in the attached Planning Commission staff report. Based on a demonstrated lack of interest in neighborhood commercial development at tt is site, and continued interest in retail commercial development, staff and the Planning Commission have determined that the recommended amendments will better serve the ir.terests of the community. 100001 ITEM NUMBER: B - 1 DATE: 03/24/98 As indicated in the attached Planning Commission report,the General Plan encourages the development of a commercial"node" at the intersection of El Camino Real and San Anselmo. Combined with the other existing commercial development at this location,the additional nine acres of retail commercial property will facilitate the creation of such a node. The Planning Commission took action to recommend the addition of the lot at the corner of San Anselmo and El Camino Real(the only lot with existing commercial development on the east side of El Camino Real)to the area being rezoned. Conclusion: The recommended modification of the General Plan land use designation and zoning district will provide increased flexibility for the development of this property without eliminating any of the development options provided by the existing Commercial Neighborhood zoning. The Retail Commercial land use designation will encourage the creation of a viable commercial node as originally envisioned by the General plan. FISCAL IMPACT: No fiscal impact. ALTERNATIVES: Alternatives to the recommend General Plan amendment and Zone change include: 1. Return the item to the Planning Commission for consideration of other possible land use designations. There are several other commercial designations contained within the General Plan and Zoning Ordinance which could conceivably be applied to the subject property in lieu of the recommended Retail Commercial designation. These other designations provide either for highway and tourist oriented business such as motels, restaurants, and service stations or heavier service type uses however. Neither of these designations provide for the broad range of uses allowed in the Commercial Retail zone nor would they encourage development which is compatible with existing uses in the surrounding area. For these reasons,this alternative is not recommended. 2. Deny the proposed change thus leaving the current Neighborhood Commercial designation intact. The alternative of maintaining the current General Plan and Zoning designations is not recommended because the broad range of uses allowed in the Commercial Retail zoning district is not encouraged. 3. Change the General Plan and Zoning designation on only a portion of the property. The alternative of amending the land use and zoning designations on a portion of the site does exist. This option would provide for a variety of land use types within the site,however, the Commercial Retail designation already provides for all of the `)00002 ITEM NUMBER: B - 1 DATE: 03/24/98 anticipated land ses within one zoning district. This alternative of providing more than one zoning desig iation does not appear to provide any real advantage and is therefore not recommended. RESPONSIBIJE DEPARTMENT: Community Development ATTACHMENTS: Planning Commission Staff Report Planning Commission Minutes Resolution#1998-015 Ordinance#345 10®003 G ATTACHMENT A ITEM NUMBER: DATE: Planning Commission Staff Report General Plan Amendment 97011 and Zone Change 97012 SUBJECT: Consideration of a General Plan Land Use Map amendment and concurrent Zoning Ordinance Map amendment to change the designation of the property located at 3705-3905 El Camino Real from Neighborhood Commercial to Retail Commercial. RECOMMENDATION(S): Staff recommends that the Commission: 1. Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act. 2. Recommend that the City Council adopt the attached draft resolution(Attachment F) approving General Plan Amendment 97011. 3. Recommend that the City Council adopt the attached draft ordinance (Attachment G) approving Zone Change 97012. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. Representative: Same 3. Project Address: 3705-3905 El Camino Real 4. General Plan Designation: Neighborhood Commercial 5. Zoning District: CN (Commercial Neighborhood) 6. Site Area: 8.20 acres ')0000=1 ITEM NUMBER: DATE: 7. Existing Uq e: Vacant and Single Family Residences 8. Environmental Status: Negative Declaration posted February 2, 1998 DISCUSSION: Analysis: With the adoption of the General Plan Update in January of 1992, the Neighborhood Commercial land use designation a the northeast corner of El Camino Real and San Anselmo Avenue was expanded from appro 'mately 1.5 acres to nearly 9.0 acres. Although this expanded commercial area was expected to draw a large-scale neighborhood commercial shopping center, there has been little or no intere t expressed in such development. In the years since the General Plan was revised, there has beet.continued interest shown in the development of the property for retail commercial uses, ho ver. Because of this interest in retail development, and the lack of opportunities to purs neighborhood commercial developments, an analysis of the General Plan and Zoning Ordinance designations for this property appears to be warranted at this time. In its discussion of coinmercial land uses, the Land Use Element of the General Plan contains the following language relative to the Neighborhood Commercial land use designation: Neighborhood commercial areas are intended to meet the day-to-day shopping and service needs of immediately surrounding neighborhoods. The traditional principal tenant of a neighborhood center is a market together with compatible convenience outlets such as drug s ores, barber and beauty shops, laundromats, and dry cleaning pick-up outlets. Neighborhood convenience centers should not exceed six acres in size and should be concentrated t the intersections of collector or arterial streets. Atascadero's historic pattern of development has witnessed incorporation of neighborhood centers into what might be chart rcterized as small retail commercial community centers such as Von'S/Wilham's Brothers, Food-4--Less/Longs, and Lucky's Town Center. The primary locations prop sed for neighborhood commercial nodes are at the intersection of El Camino Real c rnd Del Rio, San Anselmo, El Bordo, Viejo Camino and Santa Barbara roads. By comparison, the G neral Plan language relative to the Retail Commercial land use designation is a follows: Retail commercial areas are intended to meet both the comparison and convenience shopping needy of the city and its surrounding trade are. Principal tenants of retail commercial areas are department stores and hard and soft goods outlets that meet the is comparison shopping needs of the community together with supermarkets. Retail nodes are optimally J 6cated at intersections of arterial streets(including state highways) or arterials and ajor collectors. Primary locations designated in the General plan for retail commercial nodes east of Highway 101 include: San Anselmo and El Camino Real, San Jaci uto and El Camino Real, Highway 41 and El Camino Real, Curbaril and ')00005 ITEM NUMBER: DATE: El Camino Real, Solano and El Camino Real and Santa Rosa and El Camino Real. Retail commercial nodes west of Highway 101 include: West Frontage Road and Santa Rosa, and three smaller clusters on Morro Road. Although the intent of these two land use designations appears very similar, the focus of neighborhood commercial areas is the immediately surrounding neighborhood while the retail commercial areas seek to attract customers from a city-wide or larger population. While retail commercial centers may contain many of the same land uses found in neighborhood shopping centers, they will also allow a broader range of land use types. As shown in Attachments D and E, which list the allowed and conditionally allowed land uses in the CN(Commercial Neighborhood) and CR(Commercial Retail)zones respectively, the Zoning Ordinance provides for a more extensive list of commercial uses within CR zones than within CN zones. Land uses surrounding this site include single family residences to the north and to the east. A portion of the site's southern boundary is residential and a portion commercial. Commercial development predominates to the south of San Anselmo along El Camino Real. To the west (across El Camino Real) commercial uses include the K-Mart shopping center, Atascadero Ford, the Colony Inn motel, a restaurant, and the Colony Park commercial center. There are also two non-conforming dwellings and a residential condominium project located across El Camino Real from the subject property. is Within the site are a mixture of single family residences and vacant property. The parcel at the northeast corner of San Anselmo and El Camino Real is already developed with a"neighborhood commercial" type use and is not proposed for any change in land use designation. The parcels proposed for amendment, are ideally situated to be developed for retail commercial uses. San Anselmo, which is designated as a collector in the Circulation Element, provides ready access from the residential areas located to both the east and west of this location. El Camino Real connects this site to other commercial areas to the north and south. Finally, the Highway 101 exits at San Anselmo provide access to the site from areas outside the city. In general, this site appears to meet the objectives established for retail commercial areas in the General Plan language quoted earlier. The potential appears to be available at this location to further develop the regional, retail commercial node established by the K-Mart shopping center as well as Atascadero Ford. The general area around the intersection of San Anselmo and El Camino Real already attracts customers from a market area larger than this City. The addition of approximately 8.0 more acres of land available for retail commercial uses should add to the attractiveness of this area as a location for commercial uses of regional importance. Conclusion: If approved, the proposed amendment to the General Plan would provide an opportunity for expansion of the retail commercial node at San Anselmo and El Camino Real. This location ')00006 ITEM NUMBER: DATE: appears to be well suited for expanded retail development due to its proximity to the San Anselmo freeway off ramp and existing retail development. As indicated in the Gei ieral Plan language relative to retail commercial areas, neighborhood commercial uses, such as supermarkets and drug stores could still appropriately locate in this area if demand warrants. ALTERNATIVES: The alternative to the ecommended amendments to the General Plan and Zoning Ordinance are to leave the current designations in place. This alternative would limit the scope and type of development anticipated to that allowed by the Neighborhood Commercial zone. In addition, this alternative would further delay the development this property because of the demonstrated lack of demand for neighborhood commercial development in this area. More importantly, an opportunity to create a viable retail commercial node at this location would be lost. PREPARED BY: Steven L. DeCamp ATTACHMENTS: A-Negative E eclaration B - General Plan Map C -Zoning M D - CN Zone I letails E - CR Zone Details F - Draft Resolution G-Draft Ordinance ')00007 N. i'e��z s' ys CITY OF ATASCADERO NEGATIVE DECLARATION 6500 Palma Avenue Atascadero,CA 93422 805.461.5035 APPLICANT: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 (805)461-5035 PROJECT TITLE: General Plan Amendment 97011 PROJECT LOCATION: El Camino Real north of San Anselmo Avenue PROJECT DESCRIPTION: Amendment of the General Plan and Zoning Ordinance designation of the property from"Neighborhood Commercial"to "Retail Commercial" to allow a broader range of commercial uses. FINDINGS: 1. The project does not have the potential to degrade the enviromnent. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study(made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. PREPARED BY: Steven L. DeCamp, City Planner DATE POSTED: February 2, 1998 DATE ADOPTED: March 3 1998 ')00008 k�SON 1 r iilY EXHIBIT D CN Zone Details General Plan Amendment 97011 Zone Change 97012 3705-3905 El Canino Real (City of Atascadero) CN(Commercial Neighborhood)Zone 9-3.201. Purpose: This zone is established to provide for small scale retail shopping and personal service fa ilities at the neighborhood level. The Commercial Neighborhood Zone is situated and designed to serve the limited shopping and service needs of the immediately surrounding reside tial area. 9-3.202. Allowa le Uses: The following uses shall be allowed in the Commercial Neighborhood Zon . The establishment of allowable uses shall be as provided By Section 9- 2.107(Plot Plans)end Section 9-2.108 (Precise Plans): (a) Foc d and beverage retail sales, where areas of use are less than 2500 square feet per store (b) Ro Aside stands(See Section 9-6.116) (c) Ter iporary or seasonal retail sales(See Section 9-6.174) (d) Gei teral merchandise stores, where areas of use are less-than 2500 square feet per store (e) Ac ssory storage(See Section 9-6.103) (f) Personal services,where areas of use are less than 2500 square feet per store (g) Utility transmission facilities (h) Collection stations(See Section 9-6.130) (i) Eating and drinking places,where areas of use are less than 2500 square feet per store (j) Be and Breakfast 700011. (k) Schools(See Section 9-6.125 9-3.203. Conditional Uses: The following uses may be allowed in the Commercial Neighborhood Zone. The establishment of conditional uses shall be as provided by Section 9- 2.109(Conditional Use Permits): (a) Caretaker's residence(See Section 9-6.104) (b) Churches and related activities(See Section 9-6.121) (c) Pipelines (d) Service Stations(See Section 9-6.164) (e) Food and beverage retail sales,where areas of use are greater than 2500 square feet per store (f) General merchandise stores, where areas of use are greater than 2500 square feet per store (h) Eating and drinking places, where areas of use are greater than 2500 square feet per store 9-3.204. Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. ')000 .2 EXHIBIT E CR Zone Details General Plan Amendment 97011 Zone Change 97012 3705-3905 El Camino Real (City of Atascadero) CR(Commercial Retail)Zone 9-3.221. Purpose: This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas. 9-3.222. Allowabl Uses: The following uses shall be allowed in the Commercial Retail Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.108 (Precise Plans): • (a) Broadcast studios (b) Bu ding materials and hardware(See Section 9-6.165) (c) Food and beverage retail sales (d) Fui niture, home furnishings and equipment (e) General merchandise stores (fl Mail order and vending (g) Temporary or seasonal sales(See Section 9-6.174) (h) Fin incialservices (i) H th care services 0) Offices (k) Small scale manufacturing Temporary offices See Section 9-6.176 ')000 ,3 (m) Personal services (n) Light repair services (o) Accessory storage(See Section 9-6.103) (p) Eating and drinking places (q) Membership organizations (r) Horticultural specialties(See Section 9-6.116) (s) Auto, mobilehome,vehicle dealers and suppliers(See Section 9-6.163.) (t) Vehicle and equipment storage(See Section 9-6.183) (u) Schools-business and vocational(See Section 9-6.125) (v) Utility transmission facilities (w) Business support services,where all areas of use are located within a building (x) Social and service organizations (y) Collection stations(See Section 9-6.130) (z) Sales lots(See Section 9-6.139) (aa) Farm equipment and supplies (bb) Fuel and ice dealers(See Section 9-6.134) (cc) Hotels and motels (dd) Skilled Nursing Facility(See Section 9-6.134) (ee) Bed and Breakfast (ft) Retirement Hotel (gg) Funeral Services (hh) Schools(See Section 9-6.125) ')0001'I (ii) U ' 'ty service center Libraries and museums (kk) Temp oraty Events(See Section 9-6.177) 9-3.223. Conditional Uses. The following uses may be allowed in the Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use P rmits): (a) An usement services (b) Caj etaker residence(See Section 9-6.104) (c) Set vice Station(See Section 9-6.164) (d) Public assembly and entertainment (e) Indoor recreation services (fl An mal hospitals(See Section 9-6.110) (g) Auto Repair and Services(See Section 9-6.168) (h) Chi irches and related activities(See Section 9-6.121) (i) Food and kindred products(See Section 9-6.128) 6) Pip lines (k) Ou door recreation services(See Section 9-6.123) (1) Sports Assembly (m) Transit stations and terminals (n) Kej mels(See Section 9-6.111) 9-3.224. Lot Size: There shall be no minimum lot size in the Commercial Retail Zone. ')00015 ATTACHMENT B Planning Commission Meeting - March 3, 1998 Page Six of Eight The cons of the Commission was to direct staff to bring this item back wi ther clarification of option No. 2 of the staff report -in the o a draft ordinance adding single family residences as an al o se in the Recreation zone. . . The Chairman called for a break at 8:30 p.m. - the meeting reconvened at 8:37 p.m. . B. 2. GENERAL PLAN MENDMENT97011/ZONECHANG97012: Consider the application of the City of Atascadero for a General Plan Land Use Map amendment and concurrent Zoning Ordinance Map amendment to change the designation of certain real property from Neighborhood Commercial to Retail Commercial. 'Subject site is located at 3705-3905 E1 Camino Real. STAFF RECOMMENDATION: (Steve DeCamp) 1 . Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act. 2 . Recommend that the City council adopt the attached draft resolution (Attachment F) approving General Plan Amendment 97011 . 3. Recommend that the City Council adopt the attached draft ordinance (Attachment G) approving Zone Change 97012 . Steve DeCamp presented the staff report and responded to questions from the Commission. Chairman Zimmerman asked if there were other properties along El Camino Real that should be changed similarly? Steve .said 'they have looked, and in this case the existence of the single family residential development that has been approved and in place next to this property precludes any northward expansion of the designation. Commissioner Hageman - felt that the lot next to this property that is currently zoned Neighborhood Commercial should also be changed to Retail Commercial. Steve said there would be no disadvantage to that property or the 'Wou Planning Corunission Meeting - March 3, 1998 Page Seven of Eight , existing business to. include it within the Commercial Retail zone. Commissioner Fonzi - said that one of the parcels looks like it would have a split zoning. Steve said, that in this case, split ing that piece of property with a zone line would sugge t an option for a subdivision at some point that would provide for residential development within the residentially zoned area, and commercial development on that . property that fronts on E1 Camino Real. TESTIMONY: None ACTION: F nd the Negative Declaration prepared for the p oject to be adequate under the provisions of the California Environmental Quality Act. Motion Sauter Second Arrambide AYES : Sauter, Arrambide, Fonzi, Hageman, Eddings, Zimmerman NOES: None ABSENT Clark MOTION PASS D: 6:0 ACTION: R commend that the City Council adopt the attached draft resolution (Attachment F) approving General P an Amendment 97011 as amended to include the a joining piece of property to the south. Motion Sauter Second Fonzi AYES: Sauter, Fonzi, Arrambide, Hageman, Eddings, Zimmerman NOES: None ABSENT: Clark MOTION PASSED: 6:0 -)0001'7 Planning Commission Meeting - March 3, 1998 Page Eight of Eight ACTION: Recommend that the City Council adopt the attached draft ordinance (Attachment G) approving Zone Change 97012, as amended. Motion: Sauter Second: Eddings AYES: Sauter, Eddings Fonzi, Arrambide, Hageman,- Z imme rman NOES: None ABSENT: Sauter MOTION PASSED: 6:0 C. INDIVIDUAL COMMENT in Commission - None Director - P Saldana announced that there will be a Joint Meeting between t ity Council and the Planning Commission to discuss the General and the relationship between the City Council and the Plannin mmission. Economic Round Table - Commissioner Hagesaid that a meeting has not been scheduled at the present e. MEETING ADJOURNED 9:00 P.M. Minutes Prepared By: Patricia Hicks Administrative Secretary ')00018 ATTACHMENT C RESOLUTION NO. 1998-015 A RESOLU ION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN kMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT BY A NDING THE LAND USE MAP DESIGNATION FROM NEIGHB RHOOD COMMERCIAL TO RETAIL COMMERCIAL ON PROPERTY LOCATED AT 3705-3905 EL CAMINO REAL (GPA 97011; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan Land Use Element, which was adopted in 1992 to guide the City's general growth, needs to be revised with respect to the subject property; and WHEREAS, the Planning Commission of the City of Atascadero conducted a public hearing on the proposed General Plan amendment on March 3, 1998; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS,'t a Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE the Council of the City of Atascadero does resolve to approve General Plan Amendment 97011 as shown on the attached Exhibit A. ')00019 Resolution No. 1998-015 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety,by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney ')00020 EXIT A General Plan Ma Resolution No. 1 98-015 General Plan Ame dment#97011 3705-3905 El Ca 'no Real (City of Atascadero) V 7d R D V pV 4L VE os/r -y4 Y CO , 101 TTT7 EXISTING DESIGNATION: Neighborhood Commercial NEW DESIGNATIO : Retail Commercial ATTACHMENT D ORDINANCE NO. 345 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 11 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 3705-3905 EL CAMINO REAL FROM COMMERCIAL NEIGHBORHOOD (CN) TO COMMERCIAL RETAIL (CR) (ZC 97012; City of Ataseadero) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment 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 March 3, 1998 and has recommended approval of Zone Change 97012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Maw Map number 11 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. ')00022 Ordinance 345 Page 2 Section 3. Put lication. 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 C ty in accordance with Section 36933 of the Government Code; shall certify the adopting and posthig 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. EflactiveDate. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: HAROLD L. CARDEN, Mayor ATTEST: MARCIA TORGERS N, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, C ity Attorney ')000` 3 EXHIBIT A Zoning Ordinance Map Ordinance No. 345 Zoning Ordinance Amendment#97012 3705-3905 El Camino Real (City of Atascadero) R Tq N UIL I► V pv ,V qL `1 ROS/T vE tid Y co A. 101 EXISTING DESIGNATION: Commercial Neighborhood(CN) . NEW DESIGNATION: Commercial Retail(CR) -)0002,1 ITEM NUMBER: C - 1 DATE: 03/24/98 �'g o o i ■ 1918 19 8 City Manager s Agenda Report Wade G. McKinney Economic Development Investment Strategy RECOMMEND TION: Staff recommends that the City Council receives and file report on economic development investment strategy and direct staff to prepare a policy based on the City Council's comments regarding the report. DISCUSSION: Background: The C ity Council has requested that staff prepare a report on the use of incentives for economic development projects. This report provides a framework for the development of a policy, including a discussion on the general use of incentives in the economic development arena, the types of bicentives available to the City and the Redevelopment Agency, and policy considerations the Council should consider. Analysis: Public ' vestment in private sector projects garners as much support as it does opposition. Howeve , in an ever growing competitive environment,the California legislature has continued to increase the options available to local government to invest in private projects, and has even created thei aselves opportunities to directly invest state general fund dollars in targeted industries. An article that appe ed in the Wall Street Journal last March indicated that many states are considering reducing the number and types of incentives they offer, particularly since the economy is doing so well. However, the Council of State Governments reported that California. is among the few states west of the Mississippi that is considering increases in incentive programs during the next three years. In some cases, states and localities are focusing on the operating climate v rsus cost of doing business and hoping to turn the focus on more non- fmancial factors. There will always be an argument that if a community has better locational attributes and markets those effectively,it c an ask full price and a business will be happy to pay. However,the reality is that incentives continue td be discussion items between site locators, companies and the competing communi ies. James Schriner, Director of Location Strategies for Deloitte & Touch Fantus Consulting Aims it up by saying that "Incentives alone will not cause a company to establish a new facility or relocate, but they have become an important strategic element. Incentives play two i portant roles, as a financial tool, and in a broader perspective of creating ')00025 ITEM NUMBER: C - 1 DATE: 03/24/98 partners for success."1 It is generally recognized that public financial investment is defined as a partnership that involves public funding to help companies meet their business objectives and governments meet their community objectives. Assistance programs should be designed to create a win-win scenario between the public and private sector. For the private sector, the programs should be designed: • To reduce significant, one-time start-up or expansion costs • 'To reduce capital outlay expense • To provide savings to company for reinvestment back into business • To enhance the company's return on investment From the City's viewpoint, the investment by the City should benefit the community in the following ways: • To enhance/increase long-term revenue sources. • To create new job opportunities for local residents • To eliminate "blight" (in redevelopment areas) and develop underutilized property. • To retain existing employment and revenue base The current changes in the economic development profession is to take measures to ensure that companies are providing more contractual guarantees related to new jobs, revenue and other community benefits. There is a return to focusing in on the community's long term economic development strategy, thereby applying incentives to those companies, projects, etc. that are helping the community sustain long term benefits. Policy Considerations There are several policy considerations the City should consider in adopting an economic development investment policy. The following list provides some considerations for possible policies that can be adopted: • Should development investment programs be tied to long-term performance by the company, so if the project does not create the anticipated job and tax benefits, the investment would be reduced or eliminated?(Performance based) • Should development investment be offered only to companies that have an acceptable operating history and are fiscally sound? • What should be the City's return on investment? For example, would the City's investment return 50% of the projected benefit/revenue generated by the project maximum limit on the return on the City's investment(i.e.; 5 years) • What eligibility criteria should be used? Possible considerations: all businesses (new and existing; those that create new jobs; those from targeted industries (manufacturing, service, commercial); those that enhance the City's revenue base, etc. What would be the minimum eligibility criteria(how many jobs how much investment, etc.)? 1"Viewing Incentives with a Practiced Eye",Area Development Magazine,January 1998 �0002� ITEM NUMBER: C - 1 DATE: 03/24/98 • Should a cos benefit analysis be conducted on each project demonstrating tax base enhancement,job creation and other benefits or should each project qualify "as-of-right" for the assistance? • When would increased" investment be warranted? For example, as a tiebreaker between another city ai d us. Types of Investmen The City and the City's Community Redevelopment Agency have the legislative and statutory authority to provide variety of assistance-programs as part of an "incentive" program. These include: • Permit assistancey coordination(Federal/state/regionaVlocal) • Engineering Assistance/construction management • Permit Fee Reductions/Deferrals/Payment Plans • Connection Fee Financing • Manufacturers' Ir,vestment Tax Credit(State) • Personal Property Tax Rebate • Land Cost Discounts/Subsidies • Financing Assistance • Employment Rec itment&Training Incentives (State) • Employee Relocation Assistance • Subsidized Office Space and Meeting Rooms Typically, an investment package is often a combination of local and state programs. In some cases, in particular those programs authorized for redevelopment agencies, certain criteria and requirements are established by state statute. FISCAL IMPACT: The fiscal impact wil be on a case by case basis and if properly designed will increase revenues to the City. RESPONSIBLEDEPARTMENT: Community Development �0o©z7 ITEM NUMBER: C-2 DATE: 03/24/98 iais i e CAD�� City Manager's Agenda Report Wade G. McKinney Cable Television in Atascadero RECOMMENDATION: Authorize the City M ager to initiate discussions with Falcon Cable regarding an extension to the current franchise greement. DISCUSSION: Background: Falcon able currently has a Franchise Agreement with the City that expires July 14, 2001. There has been significant concern about the quality and reliability of cable television service in Atascadero Falcon Cable did complete a system up grade in the County area surrounding the City. Although County residents now receive better service, City residents have been even more unhappy as a result of the disparate service levels. Based upon the Franchise Agreement,there is a six month period beginning July 14, 1998 governing the use of renewal procedures. The Council may at its discretion enter an agreement to extend the the Fra hise Agreement. Discussion: City Staffhave discussed concerns raised by Council and citizens with Falcon Cable. Staff have also talked with other cities regarding their cable service. Generally,the consensus has been that quality f service is based on the state of the facilities. Each of the cable companies providing service in our region have good and bad records. Most of the complaints/compliments parallel areas with poor/good infrastructure. If Falcon Cable rebui s their system in Atascadero consistent with the surrounding areas it appears they will have,a significantly better customer satisfaction level. As the City's Franchise Argeement is akin to a trespass agreement, it may be beneficial to the community to negotiate the Franchise extension tlius improving cable service. FINANCIAL IMPACTS: No impact XOms ITEM NUMBER: C-2 DATE: 03/24/98 ALTERNATIVES: 1. No action. The Citymould then follow the procedures outlined in the Franchise Agreement with plans on establishing a new agreement by the conclusion of the current agreement July 14, 2001. This alternative was not recommended as the recommended alternative would get the community improved cable television service at least two years earlier. PREPARED BY: Wade G. McKinney,City Manager ATTACHMENTS: Letter from Dan DeLaney of Falcon Cable. X00029 Western Division 7555 San Luis Avenue •Ataseadero, CA 93422 Tel 805.466.1904 Fax 805.466.6366 RECEIVED ,w Falcon. F N� 19 X98 , 4 February 17, 1998 ,ATASCADERO CITY MANAGER Mr. Wade McKinney City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. McKinney, It was a pleasure to spea c with you about the future of Cable Television in Atascadero. I am certain that Falcon and the City can each an agreement that will allow the rebuild/upgrade of the system three or more years sooner than origin lly expected. As a result of that conve sation, Falcon is prepared to begin the rebuild/upgrade of the cable system serving the City of Atascadero immediately, and will complete the rebuild/upgrade no later than December 31, 1999. The rebuilt and upgraded system will be as identical as possible to the system currently serving Falcon customers in adjacent San Luis Obispo County. In return for the early and prompt rebuild/upgrade, we would ask the City to grant a 10-year extension to the existing franchise ordinance. The extension will only become effective upon Falcon notifying the City the rebuild/upgrade is complete. I believe this agreement can be reached in a very short time period. Falcon, along with the City, is anxious to provide the best possi le technology and services to our customers. We look forward to an agreement that will allow Falcon th security of a franchise, and the City the security that the extension will not be granted until Falcon has completed the upgrade. I look forward to discus ing this matter with you in the very near future. Please call me at 466-1904 at your earliest convenient-1. Sincerely, Dan 4Deaney Divisional Vice Preside t r)00030 Your Access to Entertainment, Information and Beyond. ITEM NUMBER: C - 3 DATE: 03/24/98 r. 1918 ■ 1-97-9 d City Manager's Agenda Report Wade G. McKinney Atascadero Dial-A-Ride Management Contract RECOMMENDATION: Staff recommends: Council authorize the solicitation of proposals from transit contractors to provide management services for transit services for the City of Atascadero. DISCUSSION: In May 1997, City Council adopted a Short-Range Transit Plan prepared by Nelson\Nygaard Consulting Associates. The primary focus of this plan was the lack of capacity on the current system and the limited population it serves. At that time the consultant recommended adding a fixed route service to the existing demand response system. Generally, fixed route systems allow for an increase capacity without significantly increasing the transit budget. In August 1997,the City contracted with Nelson\Nygaard for preparation of an Implementation Plan, which would outline the details required to provide fixed route service. These details include route, bus stops,policies, and costs. In October 1977, Mr. Paul Jewel, Senior Associate with Nelson\Nygaard and city staff held two stakeholders-meeting to discuss the proposed system modification. The first meeting was held with representatives from local service agencies, such as Escuela del Rio and the Tri-Counties Regional Center,both facilities that serve developmentally challenged adults. The second meeting was open to the public. All comments and suggestions,when possible,were incorporated into the final plan. In February the FY 1997/98 Transit Implementation Plan was received from Nelson\Nygaard. This comprehensive plan provides the direction needed to modify our current system to a combination fixed route/demand response system. At this time, staff is requesting authorization to solicit proposals from transit contractors. Our current contract with Laidlaw,Inc. expired in April of 1997 and has been operating on a month- to-month basis. The Request for Proposals (RFP)will incorporate two scenarios. Option One will be to bid transit services as they currently exist. Option Two will be to bid a combination fixed- route/demand responsive system. ')00031 ITEM NUMBER: C - 3 DATE: 03/24/98 Upon receipt of the proposals the City will have concrete information about the relative costs of the two operating systems. Staff will then present Council with a recommendation regarding the type of transit service that will best meet the needs of the citizens of Atascadero. At that time issues such as operating policies and fares will be addressed for both the Dial-A-Ride system and fixed route options. FISCAL IMPACT: None. Once the proposals are received and the costs known, staff will present a recommendation to Council. RESPONSIBLE DEPARTMENT: Community Services II SII ')000;32 ITEM NUMBER: C - 4 DATE: 03/24/98 n 1918 ■ 1978 . CA] City Manager's Agenda Report Wade G. McKinney General Plan Air iendment#97009,Zone Change #97008 and Tentative Parcel Map #97004 (7930 Santa Rosa Road; Gearhart) RECOMMENDATIONS: Staff recommends: 1. Council d ny Ordinance No. 343; 2. Council rescind Resolution No. 1998-010; 3. Council rescind Resolution No. 1998-007 DISCUSSION: Background. The Cfly Council held a Public Hearing regarding the subject applications at its regular meeting of February 10, 1998. Following public testimony,the Council had concerns if the two new parcels i vould meet minimum size requirements. City staff and the applicant's engineer had reviewc d the Zoning Ordinance and the Subdivision Ordinance and found the parcels to be consist t with the requirements contained therein. The primary concern centered on the requirements of a"flag lot". Based on staff's recommendation, Council made the necessary findings and approved the General Plan Amendment, first reading of the Zone Change, and the parcel map. City staff later found a paragraph in the General Plan specifically dealing with minimum lot size. The paragraph states: "With regard to the density standards that are contained herein, `Net' shall mean minimum lot size exclusive of private or publicly owned abutting road rights-of-way while `Gross' shall include abutting road right-of-way,regardless of ownership." (Chapter II L4 ind Use, Section C Residential,Sub-section 2 Residential second paragraph) The lots do not meet the minimum size when the access easement to the parcel behind is excluded from the"n t"calculation. Analysis. The Resol ition approving the General Plan Amendment was based on improper findings and is there re void. Staff recommends that the Resolution be rescinded to avoid any confusion. Likewise the Parcel Map was based upon improper findings. Although there is no minimum parcel size in the Public Zone(the current zoning of the property with no change),the. Parcel Map was base I on a proposal to build residential units. Staff recommends that the ')00033 ITEM NUMBER: C - 4 DATE: 03/24/98 Resolution be rescinded to avoid any confusion. The Zone Change cannot become effective without second reading,therefore staff recommends that second reading be denied. FISCAL IMPACT: No fiscal impact. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: Attachment A- Ordinance No. 343 Attachment B - Resolution No. 1998-010 Tentative Parcel Map#97004 Attachment C - Resolution No. 1998-007 Changing the Land Use ')00034 ATTACHMENT A ORDINANCE NO. 343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 7930 SANTA ROSA ROAD FROM P (PUBLIC) TO RSF-X (RESIDENTIAL SINGLE FAMILY) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65830 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the Cali ornia Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 20, 1998 and has recommended approval of Zone Change 97008. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings . 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2 . Zoning Map. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: -)00035 Ordinance No. 343 Page 2 Assessor' s Parcel Map Number 054-151-042, Ptn. lot 16, Block 13, Atascadero Colony. 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 Mayor Pro Tem Johnson and seconded by Council Member Clay, the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Johnson, Clay and Mayor Carden NOES: Councilman Luna ABSENT: Councilman Lurno (Abstain) ADOPTED: February 10, 1998 CITY OF ATASCADERO, CA By: HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk ' 00036 ,Ordinance—No. 343 Page 3 APPROVED AS TO FORM: ROY A. HANL Y, City Attorney PREPARED BY STEVEN L. D CAMP, Acting Community Development Director f -)0003'7 • f .��♦iii��� � ��" �� -� ii ©,�� : � of •. l� t oft � - •s ATTACHMENT H Findings for Approval Tentative Parcel Map 97004 7930 Santa Rosa Road (Gearhart/Cannon Assoc. ) January 20, 1S98 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 prop sed subdivision is consistent with applicable General End Specific Plans. 2. The desi n and/or improvement of the proposed subdivision is consiste t 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 developm nt proposed. 5. The design of the subdivision, and/or the proposed improvem nts, will not cause substantial environmental damage oz substantially and avoidably injure fish and wildlife or their habitat. 6. The desi n of the subdivision, and the type of the improvem nts, 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 equivale t alternate easements are provided. 7 . . The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems 8 . The road improvement conditions imposed are necessary to ensure c mpliance with the Circulation Element of the General Ilan, to ensure the health, safety, and convenience of the public traveling on and along Santa Rosa Road, and are an essential prerequisite to orderly development of the surrounding area. ')00039 ATTACHMENT I - Conditions of Approval Tentative Parcel Map #97004 7930 Santa Rosa Road (Gearhart/Cannon Assoc. ) January 20, 1998 CONDITIONS OF APPROVAL: 1. All Public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2 . The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall obtain an encroachment permit for the public improvements prior to the issuance of building permits. 4 . 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 accepted as 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. 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Santa Rosa Road property frontage. 6. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 7 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 8 . 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. 9. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and 1 ')00040 " approval by the /city Engineer prior to the issuance of a building permit. 10. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the city Engineer prior to recordation of the parcel map. Road improvements plans shall conform to the requirements of Section 2 ` Preparation of .Plans" of the City Standard Specifications. 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. Santa Rosa Road shall be improved from centerline to the prope ty frontage in conformance with City Standard Drawi g No. 403 (Rural Collector) contiguous to the entirE property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the e isting pavement to remedy an inadequate structural secti n or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements . B. A 5' wide offer of dedication shall be provided along the entire Santa Rosa Avenue property frontage. The offer of dedication shall be recorded prior to, or in conjunction with, the parcel map. C. The a plicant shall demonstrate that the location of all drive ays required to access the newly created parcels will rrovide the minimum site distance required by City Standard Drawing No. 409 for Rural Collector roadways assuming a 45 mile per hour (mph) design speed. The applicant shall construct the improvements required to mitigate any site distance deficiencies. 11 . The applicant shall monument all property corners for constructs n control and shall promptly replace them if disturbed. The applicant shall install all final property corners and, street monuments, or bond for them, prior to acceptance of the improvements. 12 . The applicant shall acquire title or interest in any off-site land that nay be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concu rence from all adjacent property owners whose ingress or egress is affected by these improvements . 13. The applicant shall provide notice either on the parcel map or by a separate instrument recorded on, concurrently with, or prior to the recordation of the parcel map that there are requirements for off-site and on-site improvements and that 2 -)0004 . construction of the improvements shall be required prior to issuance of building permits or other grants of approval for development of the parcels. 14 . The applicant shall pay all sewer annexation fees, prior to the recordation of the parcel map. 15. 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 plans accepted by the City Engineer and the Uniform Building Code (UBC) prior to the final inspection. 16. The applicant shall submit written certification that all survey monuments have been set as shown on the parcel map . prior to the final inspection. 17 . All existing and proposed utility, pipeline, open space, 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 final map. 18 . A Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. 19. Individual reflectorized address signs shall be installed at the intersection of the street and accessway for each lot. 20. Both single family residences shall be one-story. 21 . A fence shall be installed separating this site from neighbors with at least a fifty percent (50%) block and six (6) feet in height. 22 . This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3 X00042 ATTACHMENT B RESOLUTION NO. 1998-010 A I ESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADER APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE RESIDENTIAL PROPERTY AT 7930 SANTA ROSA ROAD (TPM#97004) WHEREAS, elly Gearhart has applied for a Tentative Parcel Map application to divide a 1.08 acre lot locate I at 7930 Santa Rosa Road into two (2)new parcels of 0.5 and 0.58 acres; and WHEREAS, FHE PROPOSED PROJECT IS IN CONFORMANCE WITH THE Land Use Element of the City of Atascadero's General Plan and all other applicable General Plan policies; and WHEREAS, he site is located in the Residential Single Family Residential(RSF-X) zoning district which allows for the proposed use and density; and WHEREAS,the Planning Commission of the City of Atascadero conducted a public hearing on the proposed Tentative Parcel Map application on January 20, 1998; NOW, THE REFORE,the Planning Commission of the City of Atascadero finds that the proposed project, as conditioned, will not have potentially significant environmental effects. The Negative Declaration prepared for the project complies with the requirements of the California Environmental Quali Act(CEQA) and is hereby approved as adequate. BE IT FURT R RESOLVED that the City Council finds as follows: 1 . The prop med subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2 . The desilp and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4 . The site is physically suitable for the density of development proposed. 5 . The desiip and improvement of the proposed subdivision will not cause substantial environm ntal damage or substantially and unavoidably injure fish and wildlife or their habil at. 6. The desilp of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within,the proposed subdivision, or substant ially equivalent alternative easements are provided. 7 . The rop ed subdivision design and type of improvements proposed will not cause serious public health problems. ')()0043 Resolution No. 1998-010 Page 2 8 . *Pursuant to Section 11-8.209 of the Subdivision Ordinance,the proposed subdivision is consistent with the character of the immediate neighborhood;the installation of a City standard street, either alone or in conjunction with neighboring properties, is not feasible; and the flag lot is justified by the physical characteristics of the site, including topographic conditions. BE IT FURTHER RESOLVED,that the City Council of the City of Atascadero does hereby approve Tentative Parcel Map#97004 for the division of an 1.08 acre lot located at 7930 Santa Rosa Road as shown on Exhibit A subject to the Conditions of Approval shown in Exhibit B. On motion by Council Member Johnson and seconded by Council Member Clay,the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Member Clay, Johnson and Mayor Carden NOES: Council Member Luna ABSENT: Council Member Lerno abstained DATE ADOPTED: February 10, 1998 CITY OF ATASCADERO CA HAROLD L. CARDEN III,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 ')000114 .Al ORE. ON EXHIBIT. B Conditions of Approval Tentative. Parcel Map #97004 7930 Santa Rosa Road (Gearhart/Cannon Assoc. ) January 20, 1998 CONDITIONS OF APPROVAL: 1 . All Public improvements shall be constructed.' in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the .City,. Prior to recordation- of the parcel map, all outstanding plan check/inspection- fees shall be paid. 3. The applicant shall obtain an encroachment permit for the public improvements prior- to the issuance of building permits. 4 . 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 accepted as 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.. 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Santa Rosa Road property frontage. 6.. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 7 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement.. 8 . 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. 9. The applicant .shall submita grading and drainage plan, prepared by a registered civil engineer, for review and !)00046 cit En to the issuance of approval. by he /city Engineer prior g p a building pe it. 10. The applicant shall submit roadimprovement plans prepared by a registered civil engineerfo.r review and approval by the city Engineer prior to recordation 'of the parcel map. Road improvements plans shall conform to the requirements of Section 2 "Preparation of Plans" of the .City' Standard Specifications. 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. Santa Rosa Road shall- be improved from centerline to the property frontage in .conformance with City Standard . Drawing No. 403 . (Rural 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. B. A 5' wide offer of dedication shall be provided along the entire Santa Rosa Avenue property frontage. The offer of dedication shall be recorded prior .to, or in conjunction with, the parcel map. C. The applicant shall demonstrate that the location of all drivew ys required to access the newly created parcels will p Ovide the minimum site distance required by City Standa d Drawing No . 409 for Rural Collector roadways assumi g a 45 mile per hour (mph) design speed. - The applicant shall construct the improvements required to mitigate any site distance deficiencies . 11. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property corners and street monuments, or bond for them, prior to acceptance of the improvements '. 12. The applicant shall acquire title'.or interest in any off-site land that m y be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from' all adjacent property *owners whose ingress or egress is affected by these improvements . 13. The applicant shall provide notice either on the parcel map or by a separate instrument recorded on, concurrently with, or. prior to the recordation of the parcel map that there are requirement for off-site and on-site improvements and that ')00047 construction of the improvements shall be required prior to issuance of building permits or other grants of approval for development of the parcels. 14 . The applicant shall pay all sewer annexation. fees, prior to .the recordation of the parcel map. 15. 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 plans accepted by the City Engineer and the Uniform Building Code (UBC) prior to the final inspection. 16.. The applicant shall submit written certification that all survey monuments have been set as shown on the parcel map prior to the final inspection. 17 . -All existing and proposed utility, pipeline, open space, 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 final map. 18 . A Mylar copy and a blue line print of the. as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. 19. Individual reflectorized address signs shall be installed at the intersection of the street and accessway for each lot. 20. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to. the expiration date. ')000118 ATTACHMENT C RESOLUTION NO. 1998-007 A ZESOLUTION OF THE COUNCIL OF THE CITY OF ATA CADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 7930 SANTA ROSA ROAD FILOM PUBLIC TO HIGH DENSITY SINGLE FAMILY WHEREAS, the City of Atascadero has grown considerably since incorporation and WHEREAS, the City' s General Plan, which was prepared in the 19701s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on January 20, 1998; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan Amendment is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate. THEREFORP,, the Council of the City of Atascadero does resolve to ap rove General Plan Amendment GPA #97009 as follows : 1 . Ame dment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . ')000"113 Resolution No. 1998-007 S Page 2 On motion by Council Member Johnson and seconded by Council Member Clay, the foregoing resolution is hereby adopted in . its entirety by the following roll call voter AYES: Council Member Clay, Johnson and Mayor Carden NOES: Council Member Luna ABSENT: Council Member Lerno abstained DATE ADOPTED: February 10, 1998 CITY OF ATASCADERO, CA HAROLD L. CARDEN III, 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 loco o RESOLUTION NO. 1998-007 EXHIBTI' A Page_of _ �� -•cam:.:,:.. � •.�.1,�,...._• .::C• .;''~:.,�.•• - O p d E: a J.. 1 *; y.. i:• 1 1 1 W 1 1 1� f J' 4 r Y I / n U � I : S• 164 MOM Al 04 QAFA 4 T y ►}iRyci y„ ` 1 74 IN. i KEY: FROM: PUBLIC New Designation=" BC Old Designation (XY23 TO: "HIGH DENSITY � ��� � SINGLE FAMILY" ITEM NUMBER: C - 5 xJ ° DATE: 03/24/98 iaia is e CADF�� City Manager's Agenda Report Wade G. Mc inney Information Bulletin A. RIVER G ENS STOP SIGN City Council directed staff to review the intersection of Miramon and Sycamore in the River Gardens neighborhood for the installation of one stop sign. Staff have met with several of the neighbors and foun that the neighborhood is suspicious that the City is installing the stop sign to facilitate The Lakes Development. The neighborhood has many concerns about The Lakes Project and are fearFul the stop sign is connected. Staff recommends that we take no action at this time regarding 1he stop sign. This should demonstrate that the projects are not connected. B. EMPLOYEE UPDATE Paul Miller P/Time Scorekeeper Hired 03/04/98 100052 ITEM NUMBER: D - 1— DATE: 1DATE: 03/24/98 _ R Isla ■ 1979 City Atto ey's Agenda Report Roy A. Hanley Ordinance No. 346 Parking Ordinance for Vehicles for Sale RECOMMENDATION: Waive the reading of Ordinance No. 346 and introduce for first reading by title only: An Ordinance of the C' Council of the City of Atascadero Adding Section 4-2.1306 of the Atascadero Municipal Code Pertaining to the Parking of Vehicles for Sale. DISCUSSION Background: Thi item was originally brought up by Councilman Luna during the council comment portion o a previous city council meeting. Sgt. Eckrote and Lt. Watton of the Police Department collected copies of similar ordinances from other local jurisdictions.This type of parking restriction is authorized by State Law pursuant to Vehicle code Section 22561.9. The proposed ordinance outlaws parking for the purpose of displaying vehicles for sale on specified streets and property, The proposed ordinance exempts parking by owners of vehicles on or adjacent to their own real property and exempts licensed automobile sales locations. FISCAL IMPA T: There will be a min r fiscal impact from the collection of fines for violations of this ordinance. ALTERNATIV S: Reasonable alternat ves include no action,the City is not required to have such an ordinance, and modifications add' g exempted locations as the Council deems appropriate. ATTACHMEN S: Ordinance No.346 ')00053 ORDINANCE NO. 346 _ AN ORDINANCE OF THE CITY OF ATASCADERO ADDING SECTION 4-2.1306 FORBIDDING THE PARKING OF VEHICLES FOR THE PURPOSE OF DISPLAYING FOR SALE IN CERTAIN LOCATIONS WHEREAS, The City Council finds that an ordinance prohibiting the parking of vehicles for the purpose of displaying such vehicle for sale is in the best interests of the City in preserving the health,safety and commerce of the City. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 4-2.1306 of the Atascadero Municipal Code.is added to read: 4-2.1306 Parking vehicles for certain purposes prohibited. No person shall park any vehicle including but not limited to boats and motor homes,: (a) On any public or private street located within the city limits for the purpose of displaying such vehicle thereon for sale unless the property is duly licensed and zoned by the City to transact that type of business at that location. (b) Subsection (a) of this section shall not prohibit persons from parking vehicles on private residential property belonging to the owner of the vehicle nor on the public street immediately adjacent to said private residential property. (c) Violation of this section shall result in the following: 1) Issuance of a warning by the Police Department to remove the vehicle within 24 hours. 2) If the vehicle is not moved within 24 hours, the vehicle will be impounded and towed at the owner's expense. 3) If the vehicle is found on a city street in violation of this section a second time within 30 days, the vehicle will be impounded and towed at the owner's expense. (d) Vehicles towed under this.section will not be released to the owner.until such time as the costs of towing and impounding the vehicle are paid in full. (e) The parking or placing of any vehicle with a sign or other advertising device thereon or proximate thereto indicating such vehicle is for sale shall -)00054 constitute prima facie evidence that such vehicle was parked or placed for the pure se of displaying same for sale. The foregoing ordinance was approved and adopted at a meeting-of the City Council held on ,19 8, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY OF ATASCADERO BY: BY: Marcia M. Torgerson Harold L. Carden, III City Clerk Mayor APPROVED AS O FORM: BY: Roy A. Haney City Attorn y ')00055 AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY,APRIL 14,1998 City of Atascadero 6500 Palma Avenue,4'floor Atascadero,California CLOSED SESSION,6:30 P.M.: 1) " Conference vrith labor negotiator(Govt.Code Sec. 54957:6) Agency Neg(tiator: City Manager Employee organizations: Mid-Management/Professional,Atascadero Fire Captains, Atascadero F refighters, Service Employees Intl. Union Local 620,Atascadero Sergeants Service Orgn Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. 2) Conference vrith legal counsel—Anticipated litigation—Colony Roads Significant exposure to litigation pursuant to Govt. Code Sec: 54956.9 (b) REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALL GIANCE: Council Member Clay ROLL CALL: Mayor Carden Mayor Pro Tern Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initial've, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action t have staff plaee a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda) > PRESENTATION A Proclamatio "April 1998—Alcohol Awareness Month" B. Proclamatio : "April 24 1998-Special Ol rn ic's Day" p p _Y P Y C. Presentation o Donald Reaber for an act of bravery above and beyond the call of duty. COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken) 4 1. City Treasurer's Report-February-1998-Fiscal Impact: None (City Treasurer's recommendation: Review and approve) 2. Zone Change#97012-3705-3905 El Camino Real(City of Atascadero)-Fiscal Impact: None;(Staff recommendation: Adopt Ordinance No. 345 approving Zone Change #97012, waive the reading in full and introduce for second reading by title only) [Paul Saldana] 3. Parking Ordinance for Vehicles for Sale—Fiscal Impact: Minor increase in revenues • from the collection off nes (City Attorney Recommendation Waive reading of Ordinance No. 346 and introduce for second reading by title only)[Roy Manley] 4. Southern Pacific Transportation Company Pipeline Crossing Agreement—Fiscal Impact: $1,125.00 (Staff recommendation: Authorize the City Manager to execute a Pipeline Crossing Agreement with the Southern Pacific Transportation Company and to make the necessary appropriation and liability insurance arrangements required to complete the Agreement) [Brady Cherry] 5. Road Abandonment No. 98001 —La Linia Avenue east of El Corte Road(Chalk MountainVillage Association)—Fiscal Impact: None (Staff recommendation: Approve Resolution No. 1998-017 approving Road Abandonment No. 98001) [Paul SaldanaJ 6. Annual Claim for Transportation Development Act Funds Fiscal Impact:$538,770.40 (Staff recommendation: Approve Resolution No. 1998-016 authorizing the filing of a claim for 1997-98 Transportation Development Act Funds) [Brady Cherry] 7. State Master Agreement—Sets out the requirements and conditions to be met before Federal funds can be authorized and distributed:-Fiscal Impact: By not entering into the State Master Agreement, the City will lose a significant source of funding for capital projects (Staff recommendation Authorize the City Manager, by minute order, the execution'of State Master Agreement No. 05-5423) [Brady Cherry] 2 8. Acceptance of Final parcelMa -Finalize the subdivision of an 8.74 acre site into two (2)parcels of 4.74 and 4.0 acres(9060 San Rafael Road: Drexler)-Fiscal Impact: None (Staff recom endation: Accept Final Parcel Map for approved Tentative Parcel Map #97007) [Pat l Saldana] B. PUBLIC H ARINGS: 1. 1998 Communi1y Development Block Grant CDBG Allocation—Fiscal Impact: $225,227.00 (Staff recommendation: Direct staff to forward to the County Board of Supervisors 61location recommendations for the 1998 CDBG) [Rachelle Rickard) C ; MANAGEMENT REPORTS: 1. Landmark Tree Desi nation—Intersection of Arcade and El Corte Roads/Chalk Mountain Vil lage-Fiscal Impact: None (Staff recommendation: Approve Resolution No. 1998-01 designating a 30 inch diameter Blue Oak tree located in the El Corte Road right-of-way s a landmark tree)[Paul Saldana] 2. Economic Investment Strategy—Fiscal Impact: Will increase revenue as new businesses locate (Staffrecommendation: Adopt the Economic Investment Strategy) [Paul Saldana] 3. Downtown aster Plan Re ort—Fiscal Impact: Increased investment in the downtown area could re sult in additional revenues to the City (Staff recommendations: Receive and file;repow and provide policy direction to staff) [Paul Saldana] 4. Alamo Avenue Sewer Assessment District-Set date and time for a public hearing Fiscal Impac $45,641.79 (Staff recommendation: Establish June 8, 1998 at 7:00 p.m. or later for a'public hearing to allow the formation of a sewer assessment district to repay the Cit for costs incurred for the installation of the sewer along a portion,-of Alamo Avenue) [Brady Cherry] 5. Information I ulletin D. CITY ATTORNEY RNEY REPORTS (None'submitted) E. COMMITTEE REPORTS (The follow g represent standing committees. Informative status reports will be given, as felt necess ry.): 1. - S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. ' Finance Corr mittee 3. Economic Round Table 3 4. Water Committees A. SLO County Flood Control & Water Conservation District Water Resources Advisory Committee B. Nacimiento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 5. Integrated Waste Management Authority 6. North County Council 7. Air Pollution ControlDistrict 8. County Mayor's Round Table 9. Economic Vitality Corporation, Board of Directors 10. City/Schools Committee F INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer G. ADJOURNMENT: THE COUNCIL`WILL ADJOURN TO THE NEXT SCHEDULED REGULAR MEETING`ON APRIL 28, 1998. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or , prior to this public hearing. 4 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meet in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chambe of City Hall Matters are considered by the Council in the order of the printed Agenda. Copies of the staff repos or other documentation relating to each item of business referred to on the Agenda are on file in the office':of the'City Clerk(Room 208)and in the Information Office (Room 103), available for public inspection during,,City Hall business hours. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or othc r services offered by this City, please contact the City Manager's Office, (805) 461-5010,or the City C Jerk's Office, (805)461-5074. 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. TO SPEAK AT PUBLIC HEARINGS Scheduled;public heari gs are itemized on the Agenda. The Mayor will "identify the subject,announce when the public hearin is open and request anyone interested to address the Council regarding the matter being considered. If VOL] wish to speak for, against or comment in any way: • You must-pproach the podium and be recognized by the Mayor • Give your larne and address * Make your statement • All comme ats should be made to the Mayor and Council • All comments limited to 5 Minutes (unless changed by the Council) • No one ma speak fora second time until everyone wishing to speak has had an opportunity to do so, ar d no one may speak more than twice oil any item. Tile'Mavor will annoLn ce when the hearing is closed,and thereafter, no further;public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, OMMUNITY FORUM",the Mayor will call for anyone from the audience having business with ti e Council to: * Please app oach the podium and be recognized * Give your iarne and address _ • State the n tune of your business This is the time items rot on the Agenda may be brought to the Council's attention. _A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council neeting. Should you have a matter you wish to bring before the Council, please mail or bring a written ommtuiication to the City Manager's office in City Hall prior to the deadline. l "Alcohol Awareness Month" April 1998 WHEREAS, Alcohol is the third leading cause of preventable death, killing nearly 100 000 Americans every year; and WHEREAS, 13.8 million Americans suffer from alcohol-related problems, including 8.1 million alcoholics; and WHEREAS, 13 million Americans drink heavily, which means they consume five or more drinks at a time on five or more days a month; and WHEREAS, Heavy drinkers are five times more likely to use illicit drugs as Americans whc do not drink heavily; and WHEREAS, Nearly one-fourth of all Americans admitted to general hospitals have alcohol problems or are undiagnosed alcoholics who are. being treated for the consequences of their drinking; and WHEREAS, Alcoholism and alcohol-related problems cost the American economy at least $100 million in health care and lost productivity every year, and WHEREAS, Alcoholism and alcohol-related problems can be prevented and treated, NOW, TH.3REFORE, BE IT RESOLVED that the City Council of the City of Atascadero does hereby support April, 1998, as "ALCOHOL AWARENESS MONTH", and calls upon all citizens, parents, governmental agencies, public and private institutions, businesses, hospitals, and schools in this area to join to fighting America's number-one drug problem by pledging to support research, prevention, intervention, and treatment for alcoholism and alcohol-related problems. Harold L. Carden, III . Mayor City of Atascadero "Special Olympics Day" • April 24, 1998 WHEREAS, each year the Special Olympics host special events throughout the world; and WHEREAS, annually hundreds of thousands of athletes participate in Special Olympics activities; and WHEREAS, the efforts of countless volunteers make the games possible; and WHEREAS, on April 24, 1998, the Special Olympics of San Luis Obispo County will be holding the Area Meet at Atascadero High School, and WHEREAS, this year is the 291 Anniversary of San Luis Obispo . County Special Olympics; and WHEREAS, at this year's meet many of our areas finest young people and adults will be competing in a wide range of events, experiencing the joy of athletic competition and learning the importance of °`doing one's best" in a spirit of sportsmanship NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero does hereby proclaim April 24, 1998, as "SPECIAL OLYMPICS DAY" in Atascadero acknowledging the hard work of the evpent organizers and congratulating the athletes on their accomplishments. Harold L. Carden, III Mayor City of Atascadero ITEMNUMBER.• A — 1 DATE: 04/14/98 n. 1918 � 1979 City `1'reasurer"s Agenda Deport Rudy Hernandez Treasurer's Report - February 1998 RECOMMENDATION: City Treasurer and Staff recommend that Council review and accept the February 1998 Treasurer's Report REPORT IN BRIEF: Cash and Investments Checking $ 149,075 Certificates of Deposit 1,027,776 LAIF 7,625,207 Cash with Fiscal Agents 337,059 Cash;in Banks at January 31, 1998 $ 9,139,117 Deposits in Transit 48,874 Outstanding Checks (161,594) Cash and Investments at January 31, 1998 $ 9,026,397 FISCAL IMPACT: None RESPONSIBLE DEPARTMENT: Finance ATTACHMENTS: Cash and Investments Activity Summary Cash and Investments by Fund Time Deposits, Certificates of Deposit, Savings and Local Agency Investment Fund Schedule of Certificates of Deposit -)00001 Page 1 of 5 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF FEBRUARY 1998 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at February 1, 1998 $ 171,433 $ 8,872,983 $ 263,235 $ 9,307,651 Receipts 607,851 2,140 609,991 Disbursements (778,525) (778,525) Transfers In 220,000 71,684 291,684 Transfers Out (71,684) (220,000) __ (291,684) Balance per Banks at February 28, 1998 . $ 149,075 $ 8,652,983 $ 337,059 9,139,117 Deposits in Transit 48,874 Outstanding Checks (161,594) Adjusted Treasurer's Balance $ 9,026,397 CITY OF ATASCADERO Y 119RNANDEZ ity Treasurer Page 2 of 5 X00002 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BY FUND FEBRUARY 1998 RESERVED UNRESERVED CASH(I) CASH(2) TOTALS POOLED CASH General Fund $ 2,526,982 Gas Tax Fund 14,475 Development Fee Fund 1,211 Community Development Block Grant Police Development Fees Fund (2,283) Fire Development Fees Fund46,379 Parks&Rec Development Fees Fund 45,456 Drainage Development Fees Fund 214,870 Amapoa-Tecorida Fees Fund' 111,463 Public Works Development Fees Fund 554,812 Street Maintenance Districts Fund 52,197 TDA Non-Transit Fund 116,393 Sidewalk Fund 45,630 Capital Projects Fund (93,897) Camino Real Construction Fund 31,379 Dial-A-Ride Fund (14,112) Wastewater Operations Fund' 2,008,422 Sewer Facilities Fund 2,675,790 Assessment District#3 8,962 Assessment District#4 71,610 Assessment District#5 631 Camino Real Debt Service Fund 91,248 92 Street Improvement Assessment Fund 73,794 Assessment District#7 8,917 Assessment District#8 655 Assessment District#9 74,266 Assessment District#10 130 89 COP Debt Service Fund 8 Tree Plant Fund 23,958 Tree Association Fund (8) Total Pooled Cash $ 354,171 $ 8,335,167 $ 8,689,338. CASH WITH FISCAL AGI+�VT Wastewater Operations Fund 4,823 Camino Real Debt Service Fund 262,602 92 Street Improvement Assessment Fund 69,001 89 COP Debt Service Fund 633 Total Cash with Fiscal Agent $ 337,059 $ - 337,059 Total of All Cash $ 9,026,397 Page 3of5 ')00003 CITY OF ATASCADERO TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT, SAVINGS AND LOCAL AGENCY INVESTMENT FUND FEBRUARY 1998 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment POOUTRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 7,625,207 Certificates of Deposit(see attached schedule) 1,027,776 8,322 TOTAL $ 8,652,983 61,137 Mid State Interest Received 1,115 TOTAL INTEREST RECEIVED $ 62,252 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including$ 53,850 of interest(4.50% per annum) on June 25, 1998. The total repayment($1,200,000+$53,850)is$1,253,850. (4) February 1998 interest yields were as follows: Orange County Not available LAIF 5.74% Mid-State 2.43% (5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool,interest earnings are reported on a calendar year basis. (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of $1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. • Page 4 of 5 ')00004 CITY OF ATASCADERO TREASURER'S REPORT SCHEDULE OF CERTIFICATES OF DEPOSIT FEBR UARY 1998 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Barbara Bank& 9/6/97 3/6/98 5.24% $ 99,000.00 $ 833.25 Trust-Santa Maria Santa Lucia Bank 12/18/97 6/18/98 5.15% $ 36,776.00 $ - Atascadero Great Western Bank 12/27/97 6/21/98 5.20% $ 100,000.00 $ 813.35 Atascadero Union Bank 12/23/97 6/22/98 4.82% $ 99,000.00 $ 835.44 Atascadero Bank of America 1/30/98 7/30/98 4.60% $ 99,000.00 $ 746.35 Atascadero Bank of Santa Maria 1/27/98 7/24/98 5.01% $ 99,000.00 $ 869.69 Templeton Los Padres Savings 2/8/98 8/12/98 5.00% $ 99,000.00 $ 827.90 Santa Maria First Bank of SLO 2/19/98 8/19/98 5.40% $ 99,000.00 . $ 980.38 San Luis Obispo Wells Fargo Bank 2/22/98 8/22/98 4.50% $ 99,000.00 $ 741.50 San Luis Obispo West America Bank 2/23/98 8/23/98 5.00% $ 99,000.00 $ 797.50 San Luis Obispo First Bank&Trust 2/28/98 7/26/98 5.48% $ 99,000.00 $ 876.95 Santa Maria TOTAL $1,027,776.00 $8,322.31 Page 5of5 „)00000 ITEM NUMBER: A - 2 DATE:_ 04/14/98 '■ Inn n H 1918 O 1878 li I I A'>rA��ERu/ City Manager's Agenda Report Wade G. McXinney Zone Change 97012 3705-3905 El Camino Real (City of Atascadero) RECOMMENDATION: Council adopt Ordinance No. 345 on second reading, by title only waiving reading in full, approving ZC 97012 amending the Zoning Ordinance Map from Commercial Neighborhood(CN)to Commercial Retail (CR) at 3705-3905 El Camino Real DISCUSSION: Background: Th Cit Council held a public hearing on March 24, 1998 to consider the PZ � Y p g Planning Commission's recommendation to amend the General Plan and Zoning Ordinance maps for the property located on the east side of El Camino Real north of San Anselmo from Neighborhood Commercial to Retail Commercial. The City Council approved the pro rposal adopting Resolution 1998-015 amending the General Plan and introduced for first reading Ordinance 345 amending the Zoning Ordinance. Analis: The recommended General Plan and Zoning Ordinance Map amendments would change the land use designation on approximately nine (9) acres of neighborhood commercial property to retail commercial. Based on a demonstrated lack of interest in neighborhood commercial development at this site, and continued interest in retail commercial development, staff and the Planning Commission believe that the recommended amendments will better serve the interests of the community. Conclusion: The recommended modification of the General Plan land use designation and zoning district will provide increased flexibility for the development of this property. FISCAL IMPACT: None RESPONSIBLE DEPARTMENT: Community Development • ATTACHMENTS: Ordinance #345 ,)00006 • ORDINANCE NO. 345 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 11 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 3705-3905 EL CAMINO REAL FROM COMMERCIAL NEIGHBORHOOD (CN) TO COMMERCIAL RETAIL(CR) (ZC 97012; City of Atascadero) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment 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 March 3, 1998 and has recommended approval of Zone Change 97012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal.is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Mai Map number 11 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. 10000'7 Ordinance 345 Page 2 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 ofposting 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 31 st day after its passage. On motion by and seconded by the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: HAROLD L. CARDEN, Mayor ATTEST: MARCIA TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 100008 EXHIBIT A Zoning Ordinance Map Ordinance No. 345 Zoning Ordinance Amendment#97012 3705-3905 El Camino Real (City of Atascadero) 74 <F R Tq N UIL A q V V pV q vE ROSS r L Q 12d Y c0 S t= i 101 EXISTING DESIGNATION: Commercial Neighborhood(CN) NEW DESIGNATION: Commercial Retail(CR) ')0000'9 ITEM NUMBER: A - 3 DATE: 04/14/98 on 1;M 191 p 199 d �] City Attorney's Agenda Report Roy A. Hanley Ordinance No. 346 Parking Vehicles for the Purpose of Sale RECOMMENDATION: Waive the reading of Ordinance No. 346 in full and introduce for second reading by title only: an Ordinance of the City,of Atascadero Adding Section 4-2.1306 of the Atascadero Municipal Code pertaining to the parking of vehicles for the purpose of sale. DISCUSSION:' Back round: This item was brought for discussion at the request of the City Council, the ordinance passed at first reading on March 24, 1998. Since that reading, the public discussion has included fear that Ithe ordinance as drafted and as intended could be applied to cite citizens merely for parking with a for sale sign in the vehicle. As drafted, a warning could be given, but no citation nor impounding could occur unless the vehicle was not moved within 24 hours of the posted warning. Thisf ordinance remains authorized by Vehicle Code section 22561.9. The city council is free to amend this ordinance at this second reading. If the council desires, language can be added clarifying the circumstances under which a citation or impounding can occur. The ordinance can also be'';amended to change the time limits involved as long as at least 24 hours between posting and nnpounding is required. The ordinance might also specify that the officer may issue a citation only and is not required to impound the vehicle. So long as the minimum 24 hour notice is maintained, the council has much flexibility in setting the standards for enforcement. FISCAL IMPACT: There will be a minor fiscal impact from the collection of fines for violations of this ordinance. ALTERNATIVES: • Alternatives include modifications as described above, sending this back to staff for further modifications, or voting not to pass the ordinance. ATTACHMENTS: Ordinance No. 346 ')()0010 ORDINANCE NO. 346 . AN ORDINANCE OF THE CITY OF ATASCADERO ADDING SECTION 4-2.1306 FORBIDDING THE PARKING OF VEHICLES FOR THE PURPOSE OF DISPLAYING FOR SALE IN CERTAIN LOCATIONS WHEREAS, The City Council finds that an ordinance prohibiting the parking of vehicles for the purpose of displaying such vehicle for sale is in the best interests of the City in preserving the health, safety and commerce of the City. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 4-2.1306 of the Atascadero Municipal Code is added to read: 4-2.1306 Parking vehicles for certain purposes prohibited. No person shall park any vehicle including but not limited to boats and motor homes,: (a) On any public or private street located within the city limits for the purpose of displaying such vehicle thereon for sale unless the property is duly licensed and zoned by the City to transact that type of business at that location. • (b) Subsection (a) of this section shall not prohibit persons from parking vehicles on private residential property belonging to the owner of the vehicle nor on the public street immediately adjacent to said private residential property. (c) Violation of this section shall result in the following: 1) Issuance of a warning by the Police Department to remove the vehicle within 24 hours. 2) If the vehicle is not moved within 24 hours, the vehicle will be impounded and towed at the owner's expense. 3) If the vehicle is found on a city street in violation of this section a second time within 30 days, the vehicle will be impounded and towed at the owner's expense. (d) Vehicles towed under this.section will not be released to the owner until such time as the costs of towing and impounding the vehicle are paid in full. (e) The parking or placing of any vehicle with a sign or other advertising device thereon or proximate thereto indicating such vehicle is for sale shall ')00011 constitute prima facie evidence that such vehicle was parked or placed for the purpose of displaying same for sale. The foregoing ordinance was approved and adopted at a meeting of the City Council held on ,1998, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY OF ATASCADERO BY: BY: Marcia M. Torgerson Harold L. Carden, III City Clerk Mayor APPROVED AS TO FORM: BY: Roy A. Hanley City Attorney + ')00012 ITEM NUMBER: A—4 DATE: 04/14/98 lop OR 1918 6 1 79 �SSCAD City Manager's Agenda Report Wade G. McKinney Southern Pacific Transportation Company Pipeline Crossing Agreement RECOMMENDATION: TION: Council authorize the City Manager to execute a Pipeline Crossing Agreement with the Southern Pacific Transportation Company and make the necessary appropriations and liability insurance arrangements required to complete the Agreement. DISCUSSION: • In order to complete and make full functional the storm drains stem which was originally P Y Y g Y begun with the development of Tract 2225, a 54 inch diameter storm drain pipe will need to be constructed across the Southern Pacific Railroad right-of-way at Buena Avenue. The City has hired a consultant (Cannon Associates) to prepare the plans and specifications for this segment of the storm drain. The plans and specifications are complete. Bids are scheduled to be received on June 4, 1998. Prior to construction:within the railroad right-of-way, the Southern Pacific Transportation Company will require the City to enter into a Pipeline Crossing Agreement. The agreement requires a Minute Order indicating Council authorization for execution of the agreement, a certificate of insurance issued by the City's insurance carrier naming the Southern Pacific Transportation Company as an additional insured on the City's general liability and automobile liability insurance policies, and a check for a license fee in the amount of$1,125.00 made payable to the Southorn Pacific Transportation Company. The agreement also requires that the construction contract';documents specify drainage pipe and jacking procedures which meet the requirements of the Pipeline Crossing Agreement and that the City return a copy of a Contractors Right of'Entry Agreement executed by the project contractor prior to the commencement of construction. FISCAL IMPACT: The fiscal impact is expected to be the $1,125.00 license fee and the Staff time necessary to P P Y complete the finalize the Pipeline Crossing Agreement. -)(00013 ITEM NUMBER: A-4 DATE: 04/14/98 ALTERNATIVES: 1. Do not execute the Pipeline Crossing Agreement: - Without the agreement, the storm drain can not be constructed through the railroad right-of-way. Storm water will continue to pond between the railroad and Traffic Way. The portions of the storm drain completed with Tract 2225 will not function as efficiently as their design allows. There will be no reduction in flooding potential for the existing businesses along Traffic Way. 2. Construct storm drain at a different location - The railroad crosses all routes which may be used to convey storm water from Traffic Way to the Salinas River. The storm drain is complete on both sides of the railroad right-of-way and is fully contained within the Buena Avenue right-of-way. There would be significant costs associated with the re-routing of those portions of the storm drain which are complete. There would be also be costs associated with the acquisition of the necessary rights-of-way. RESPONSIBLE DEPARTMENT: Community Services Department ATTACHMENTS: Attachment A - Pipeline Crossing Agreement Attachment B - Location Map ')()0014 PLX.DOC 940206 Form Approved,AVP-Law A TTA CHMENT -A i FoldNo.:1574-75 • �_: PIPELINE CROSSING AGREEMENT Mile Post:226.20,Salinas Sub-Coast Line Location:Atascadero,San Luis Obispo County,California THIS AGUEMENT is made and entered into as of the 199_, by and between SOUTHERN PACMC TRANSPORTATION COMPANY f a Delaware corporation at (hereinafter the Licensor)and CITY OF ATASCADERO,a California municipality corporation to be addressed ' 6500 Palma Avenue,'Atascadero,California 93422(hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1 -LICEP�ISE FEF Upon the execution of this Agreement,the Licensee shall pay to the Licensor a one-time license fee of ONE THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS 1 and handling expense in connection with processing this Agreement ,125.00)which includes clerical,administrative ARTICLE 2-LICEl . OR GRANTS RIGHT In consideration of the license fee to be paid by Licensee and in agreements herein contained to be by the Licensee kept, further consideration of the covenants and Licensee the right to construct and thereafter,during the term hereof,to maintain aintain a the Licensor hereby grants to the mand operate one underground 54"storm drain pipeline crossing for conveying run off water only (hereinafter the Pipeline)in the location shown and in conformity the attached print dated 4/26/98 and marked Exhibit A. Under no circumstanceith the s dimensions Licensee o modify indicatedfon pipeline for a purpose other than conveying sewer effluent,and said pipeline shall not be used toconvey any oth e substance,any fiber optic cable,or for any other use,whether such use is currentl technolo call such use may come into existence during the life of this Agreement. y y er y technologically possible,or whether ARTICLE 3-CONSTIQTr�TION MAINTENAIv AND(1PF72 A Trn�T The grant of right herein made to the Licensee is subject to each and all of the terms,provisions conditions, limitations and covenants set forth herein and in Exhibit B,hereto attached. ARTICLE 4- F W IS TO BE PERFORMED BY nNTu A nTOR If a contractor is to do any of the work performed on the Pipeline(including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form C ntract'r' Ri ht of Entry Agreement. Licensee acknowledges receipt of a c q ent of Entry A_ cement and understanding of its tons P copy of Coents, ntractor's Richt to execute the Agreement. Under no circumstances slwill Licensee'secontrac or be al oweinfod n contractor of the need Without fust executing the Contractor's Richt of Entry A�PPTII onto Licensor's premises • 1647-89.pix _. Pagel of 2 January 26,1998 ')()0015 PLX.DOC 940206 Folder No.: 1574-75 Form Approved,AVP-Law ARTICLE 5-INSURANCE n a). The Licensee,at its expense,shall obtain the insurance described in Exhibit B-1,hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: Southern Pacific Transportation Company is named as an additional insured with respect to all liabilities arising out of the existence,use of any work performed on or associated with the `Pipeline' located on Railroad right of way at Mile Post 226.20 on the Salinas Sub-Coast Line,at or near Atascadero,San Luis Obispo County, California. b). If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws,the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law,whichever is greater,a portion of which may be self-insured with the consent and approval of the Licensor. c). All insurance correspondence shall be directed to: Folder No: 1574-75 Southern Pacific Railroad Company Contracts&Real Estate Department 1416 Dodge Street,WP001 Omaha,Nebraska 68179 ARTICLE 6-TERM This Agreement shall take effect as of the date fust herein written and shall continue in full force and effect until terminated as herein provided. ARTICLE 7-SPECIAL PROVISIONS None. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY By: CONTRACT REPRESENTATIVE WITNESS: CITY OF ATASCADERO X 3 Title: 1 1647-89.plx Page 2 of 2 January 26,1998 ')00016 PLR - ARROW INDICATING NORTH FORM DR-040, OIRECIION RELATIVE TO CROSSING ��e� REV. 10- 10-` v Q. En��(�re��(ENCASED NON-FLAMMABLE NoOLT14 Q 5-�. �s&s,r4-,0 PIPELINE 22 �T CROSSING NOTE= ALL AVAILABLE DIMENSIONS MUS- BE NO SCALE \ FILLED IN TO PROCESS THIS APPLICATION. tel. RR'=RiW FT. p i FT. / E0 FT. FT. v (SEE NOTE 3 t 5) (SEE NOTE 3 L 5) . oe _ FT. TO (NEAREST R.R. TOWN) �.� c (ANGLE OF CROSSING) cTO r9MfL.0-'r0Ai TRACK I _ (NEAREST R.R. TOW- ' y P&f 7K �e PSK( h e (DESCRIBE FIxEO OBJECT) (D£SCR[BE FIXED OBJECT) `�2e~;11 fro Fo_ (SEE NOTE 6) F� _,,,,(SEE NOTE 5) F'o ICO p) C+Q h,� tDISTANCE ALONG TRACK FROM SECTION LINE CROSSING) %o FT. y (NOTE. THIS DIMENSION REOUIREO IN ALL CASES. .�• AT A LEGIL S NOT USING SECTIONS. DISTANCE ® �A/�,s�,p�l� kelt-- TO A LEGAL SURVEY LINE IS RED ]RED) RR'S Rry FT. (. O FT. -... m STEEL CASING WALL MIN.'.DIST THICKNESS CHART (SEE NOTE z)—} MINIMUM DIAMETER THICKNESS CASING P. ROADBED LF 3 x 1 .3125' 5/16' R . OVER 12• LLFT. ` .3750' 3/8' OVER IS'- (4.5 FT MIN.) .4375' 7/16' OVER 22'- MAX. 22• IGT. (20 FT. MAX.) T. SEAL CASINO .5000' 1/2' OVER 28'- CASiNG 0� i7� CASING PIPEI(SEE NOTE 4) (3 FT. Mw.) .5625' 9/16' OVER 34'- - -r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -� .6250' 5/8' 1 OVER 42'- / I I OVER 48' MUST BE _ _ _ _ _ - - - - J _ CARRIER PIPEAPPROVED BY R.R. CO - - _ _ - - - _ / I I L► 3L1-/0 ® NOTE) THIS CHART IS 0 i bpr% RGP FOR SMOOTH STEEL CAS; PIPES WITH MINIMUM YI STRENGTH OF 35.080 P. ' 5 FT. 2 0 35 J55',FT. /- If 53 FT. FORMULA TO FIGURE CASII LENGTH WITH ANGLE OF I /1069 FT. CROSSING OTHER THAN 90 NOTES ' (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) B I) ALL HORIZONTAL DISTANCES TO BE MEASUR£D'AT RIGHT ANGLES FROM . OF TRACK. 2) CASING TO EXTEND BEYOND THE • OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT.. OR 30 FT.. B AND BEYOND LIMIT OF RAILROAD RIGNT•OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. y�F 31 MINIMUM OF 50• FROM THE ETD OF ANY RAILAtOAO BRIDGE. • OF ANY CULVERT. OR FROM ANY SWITCHING AREA. cp MIN.0 41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. � Ts(nGlc 5) ALLOWABLE FIXED OBJECTS INCLUDE- SACKWAALS OF BRIDGES) • OF ROAD CROSSINGS t OVERHEAO VIADUCTS (GIVE ROAD NAME). OR CULVERTS. 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REGUIRED WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CAS4 MUST BE MAHG DUG. IS PIPELINE CROSSING WITHIN DEDICATED� Nt;STREET ?_yES+_N0+ EXHIBIT B) IF YES. NAME OF STREET U-EA W • IT »A» �a,aIBIB use wL.I 0) DISTRIBUTION LINE OR TRANSMISSION LINE V, C) CARRIER PIPE + f'��ESL- PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYED 0 � � OPERATING PRESSU�E'. . '`9 PSI (, c1A0f0 -) � ' WALL THICKNESS IAMETER_ _,MATERIAL NckeTe suan;.stw) E) CASING PIPE ) Nlh M.P U E.S. 7S-69- 16 WALL THICKNESS DIAMETER ,MATERIAL >< NOTE +CASING MUST:HAVE 2' CLEARANCE BETWEEN GREATEST EN ASED SV cS7�u+( - CR S I NG F TSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF a CARRIER PIPE AND INSIDE OF' CASING PIPE. ITfTT)44 .CoLw ,s:.TE, F) METHOD OF INSTALLING y..p I PE UNDER TRACK t S)+ G�FR/�cR- y_DRY BORE AND JACK (WET BORE NOT PERMITTED) E aS ,A►vLIcollr( TUNNEL H OTHER RR F I LE NY. 15 L�- L5 DATE G) WILL CONSTRUCTION BE BY AN: OUTSIDE CONTRACTOR? ESs_NOH H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF 8ORI G,ANO W A R N I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK '00017 I ) APPLICANT HaS rnNTorTI n 1 (30• MIN.) IN ALL OCCASIONS. U. P. COMMUNICATIONS PL X 980112 Form Approved,AVP-Law Section 1. I Ilvl�1 ATION AND SUBORDINATION OF RIGHTS GRAN=. • (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate,change,modify or relocate railroad tracks,signal,communication,fiber optics, or other wirelines,pipelines and other facilities upon,along or across any or all parts of its property,all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights(including those in favor of licensees and lessees of the Licensor's property,and others)and the right of the Licensor to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION MAINUMANCE AND OPERATION. (a) The Pipeline shall be constructed operated, maintained, repaired, renewed, modified and/or reconstructed by the licensee in strict conformity with Union Pacific Railroad Co.Common Standard Specification 1029 adopted November 1949,and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the l.icensor's Vice President-Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict,but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the licensor. (c) Prior to the commencement of any work in connection with the construction,maintenance,repair,renewal,modific relocation,reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Li the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work,including the shorin d cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative.The Licensor shall have the right,if it so elects,to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction,maintenance,repair,renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the licensor,within fifteen(15)days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith,which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. , Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention,the Licensee shall provide as much notice as practicable to licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten(10)days(or such other time as the Licensor may allow)in advance of the commencement of any work upon property of the Licensor in connection with the construction,maintenance,repair,renewal,modification,reconstruction,relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction,maintenance,repair and renewal and any and all modification,revision,relocation,removal or reconstruction of the Pipeline,including any and all expense which may be incurred by the Licensor in connection therewith for supervision,inspection,flagging,or otherwise. plx.exb Page t of Exhibit B 'M0018 PL X 980112 Form Approved,AVP-Law Section 5. REINFORC) MENT RELOCATION OR REMOVAL OF PIP TNF. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall,at the sole expense of the Licensee,reinforce the Pipeline,or move all or any portion of the Pipeline to such new location as the Licensor may designate,whenever,in the furtherance of its needs and requirements,the Licensor shall find such action necessary or desirable. (b) All the terms,conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFIEIVCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times,maintained,repaired,renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks,property and facilities of the Licensor,and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the l icensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193(a 24-hour number)to determine if fiber optic cable is buried anywhere on the licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies)involved,arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement,the Licensee shall indemnify and hold the Licensor harmless from and against all costs,liability and expense whatsoever(including,without limitation,attomeys'fees,court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees,resulting in(1)any damage to or destruction of any telecommunications system on Licensor's property,and/or(2)any injury to or deathof any person employed by or on behalf of any telecommunications company,and/or its contractor,agents and/or employees,on Licenser's property, except if such costs, liability or expenses are caused',solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENSTOR LABOR AND MATERIAL:TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction,maintenance,repair,renewal,modification or reconstruction of the Pipeline,and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens,claims,demands,costs and expenses of whatsoever nature in any way connected with or growing out of such work done,labor performed,or materials furnished. (b) The licensee shall promptly pay or discharge all taxes,charges and assessments levied upon,in respect to,or on account of the Pipeline,to prevent the some from becoming a charge or lien upon property of the Licensor, and so that the taxes,charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax,charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor,then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared plx.exb Page 2 of 4 Exhibit B PL X 980112 Forth Approved,AVP-Law e with the entire value of such property_ Section 9. RESTORATION OF LICENSORS PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction,relocation or removal of the Pipeline,then in that event the Licensee shall,as soon as possible and at Licensee's sole expense,restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees,against and from any and all liability,loss,damages,claims,demands,costs and expenses of whatsoever nature,including court costs and attorneys'fees,which may result from injury to or death of persons whomsoever,or damage to or loss or destruction of property whatsoever,when such injury,death,damage,loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. TNDEMNPI'Y. (a) As used in this Section,."Licensor"includes other railroad companies using the l icensor's property at or near the location of the licensee's installation and their officers,agents, and employees;"Loss'includes loss,damage,claims, demands, actions, causes of action,penalties,costs,and expenses of whatsoever nature,including court costs and attorneys'fees,which may result from: (a) injury to or death of persons whomsoever(including the l icensor's officers, agents, and employees, the Licensee's officers,agents,and employees,as well as any other person);and/or(b)damage to or loss or destruction of property whatsoever (including licensee's property,damage to the roadbed,tracks,equipment,or other property of the Licensor,or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or an* thereof;or 2. The presence,operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever,the licensee shall,at licensee's sole expense,remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore,to the satisfaction of the licensor,such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the licensee fails to do the foregoing,the Licensor may do such work of removal and restoration at the cost and expense of the licensee. The licensor may,at its option,upon such termination,at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline,or it may permit the licensee to do such work of removal and restoration to the satisfaction of the licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the licensee for any damage sustained by the licensee for or on account thereof,and such removal and restoration shall in no manner prejudice or impair any right of action for damages,or otherwise,that the licensor may have against the licensee. Section 12. WAIVER OF BREACH. The waiver by the licensor of the breach of any condition,covenant or agreement herein contained to be kept, observed and performed by the licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plx.exb Page 3 of 4 Exhibit B ')00020 PL X 980112 Form Approved,AVP-Law Section 13. TERMIlVATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one(1)year,or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty(30)days after written notice from the Licensor to the Licensee specifying such default,the Licensor may, at its option,forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph(a)above,this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated,not less,however,than thirty(30)days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued,or liabilities, accrued or otherwise,which may have arisen prior thereto. Section 14. AGREEMIIV'P NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement,in whole or in part,or any rights herein granted without the written consent of the licensor,and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted,whether voluntary,by operation of law,or otherwise,without such consent in writing, shall be absolutely void and,at the option of the Licensor,shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs, executors,administrators, successors and assigns. plx.exb Page 4 of 4 Exhibit B ')00021 PL/WL X INS 960830 Form Approved,AVP-Law - EXMIT B-1 Pipeline/Wireline(Hazardous,Flammable, 12"or Larger) Insurance Requirements Licensee shall,at its sole cost and expense,procure and maintain during the life of this Agreement the following insurance coverage: a) General Liability insurance providing bodily injury including death,personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project(ISO Form CG 25 03 or equivalent). Exclusions for railroads(except where the Job Site is more than fifty feet(5(Y)from any railroad tracks,bridges,trestles, roadbeds,terminals,underpasses or crossings),and explosion,collapse and underground hazard shall be removed. Coverage purchased on a claims made fo=shall provide for at least a two(2)year extended reporting or discovery period if(a)the coverage changes from a claims made form to an occurrence form, (b)there is a lapse/cancellation of coverage, or(c)the succeeding claims made policy retroactive date is different for the expiring policy. b) Automobile Liability insurance providing bodily injury,property damage and uninsured vehicles coverage with a combined single limit of at least$2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non- owned,and mobile equipment if excluded from coverage under the general public liability insurance. c) Workers'Comae sation insurance covering Licensee's statutory liability under the workers'con state(s)affected this pensation laws of the by Agreement,and Employers'Liability. If such insurance will not cover the liability of Licensee in states that require participation in state workers'compensation fund,Licensee shall comply with the laws of such states. If Licensee is self- insured, evidence of state approval must be provided. Licensee and their insurers shall endorse the required insurance policy(ies)to w ' h ith f subrogation a t Licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. The policies required (a)and(b)above shall provide severability of interests and shall name Licensor as an additional insured. Prior to commencing the Work, Licensee shall furnish to Licensor certificate(s)of insurance evidencing the required coverage and endorsements and upon request,a certified duplicate original of any required policy. The certificate(s)shall contain a provision that obligates the insurance company(ies)issuing such policy(ies)to notify Licensor in writing of any material alteration including any change in the retroactive date in any"claims-made"policies or substantial reduction of aggregate limits,if such limits apply, or any cancellation at least thirty(30)days prior thereto. The insurance policy(ies)shall be written by a reputable insurance company(ies)acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s)in which the Job Site is located. - Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s),who have been instructed by Licensee to procure the insurance coverage required by this Agreement. If Licensee fails to procure and maintain insurance as required,Licensor may elect to do so at the cost of licensee. The fact that insurance is obtained by Licensee shall not be deemed to release or dirninish the liability of Licensee, including,without limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. i 8:\share\insuranc\exhb 1 x.exb l:Vbffns\plxeexb 1.kjo )0002' 2 I' PLACE ARROW INDICATING NORTH CF EN(Y/NeEh/YG -47-,+- ,o FORM OR-0404- DIRE TON RELATIVE TO CROSSING �Q 75,&ifi REV10-10-97 41 �p I MILE? 10"rZZ(o.Zo . 3 ENCASED NON-FLAMMABLE PIPELINE CROSSING - v� NO ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. RR'S Riv FIT.O FT. OQv4"/ (SEE NOTE 3 & 5) (SEE NOTE 3•L 5) •� rj�FT. TO RTs►5y c.aE,� p2 ca \• IID. tNEAREST R.R. TOvN) h� -i (ANGLE OF CROSSING) To TEMO(E7orJ_ — fL MAIN TRACK . — t N)EANEsi R.R. TOvH) h�Q (DESCRIBE FIXED OBJECT) (DESCRIBE FIXED OBJECT) (SEE NOTE 6) (SEE NOTE 5) ><c (,j C)Q h� (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) FT. \ ?2p OJ th.� J (NOTE- THIS DIMENSION REOUIREO IN ALL CASES. I AT LOCATIONS NOT USING SECTIONS. DISTANCE ® R T�gjCr{pER� G/�gE TO A LEGAL SURVEY LINE IS REOUIRED)FT. Jf FT.FT. + SvFT. Z oRouw STEEL CASING WALL MIN. DIST SURFACE THICKNESS CHART (sE= NOTE 2�—�• ' MINIMUM DIAMETER OF SUOGR"GR'D THICKNESS CASING PIP( ROADBED .2500' 1/4' 12' OR LES' 8 3t-� .3125. 5/16' OVER 12'-Il T. 1 - .3750• 3/8' OVER 18'-22 (4.5 FT MIN.) Fl"f- .4375' 7/16' OVER 22'-2E 8'FT. (20 FT. MAX.) o�(O- T. SEAL CASING •5000' 1/2' OVER 28'-34 SEAL CASING 0' I (3 FT. Mw-) .5625. 9/16' OVER 34'-42 CASING P[PE (SEE NOTE 4) 1 .6250' 5/8' 1 OVER 42'-4E -- -r - - - - - - - - - - - - - - - - - -- - - - - - -- -iLL - I CARRIER PIPE OVER 48' MUST BE — 1- - - - - - - - - - - - - - - - — � APPROVED BY R.R. CO. ::l IS ONL FOR SMOOTH STEELs THIS CHARY CASIPS \ PIPES WITH MINIMUM YIEL / I , STRENGTH OF 35.000 PSI. 2 0 IS FT.—► � 5 FT, I S FT. ---.i �•� 37 FT. FORMULA TO FIGLRE CASING 7� FT. ( LENGTH WITH ANGLE OF CROSSING OTHER THAN 90' 8 NOTES N (CASING LENGTH �FT.WHEN MEASURED ALONG PIPELINE.) I) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM - OF TRACK. 2) CASING TO EXTEND BEYOND THE - OF TRACK AT RIGHT ANGLES THE GREATER OF 20 - 28 FT.. OR 30 FT.. \ SIN/P.AC AND BEYO D LIMIT OF RAILROAD RIGHT-OF-VAY IF NECESSY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.31 MINIMUM OF 50' FROM THE END OF AHY RAILROAD BRIDGE. - OF ANY CULVERT. OR FROM ANY SWITCHING AREA. M(N.D 2))41SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.1 ALLOWABLE FIXED OBJECTS INCLUDE- 6ACKWN.LS OFiBRIOGESs • OF ROAD CROSSINGS L OVERHEAD VIADUCTS (GIVE ROM N)vE). DR Cl>LvERTS. 61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REbUIF WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HMD OUG, a) IS PIPELINE CROSSING 'WITHIN DEDICATED STREET ?SES: 0: EXHIBIT »�» 3) IF YES. NAME OF STREET 1) DISTRIBUTION LINE 'FOR AAtLADAo USE ONLY' OR TRANSMISSION LINE ✓ 5EwtR �) CARRIER PIPE • PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYED �lE[ lEK- 6FFLuar(T OPERATING PRESSURE SO PSI � L �� ., 'SY ' MALL THICKNESS �' )DIAMETER TMATERIAL �G T )suso)vIs10N) _) CASING PIPE WALL THICKNESS _(DIAMETER- Z (MATERIAL STEEL T M.P Z E.S. IRNOTE •CASING MUST HAVE 20 CLEARANCE BETWEEN GREATEST ENCASED D" C ROS IN G AT DE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF G PIPE. WHEN FURNISHING DIMENSIONS. GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. ST CITY) 1COUNTY) )STATE F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S)N SG4c CY d _VDRY BORE AND JACK (WET BORE NOT PERMITTED) T TUNNEL t OTHER I AMICA I J 3) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? EST_1JON RR FILE N0. 6� DATE 4) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BOR NG ANO v A R N I N G P00023JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK VALY- }B 980112 Forth Approved,AVP-Law Section 1. LIMPPATTON AND SUBORDINATION OF RIGHTS GRANTRD. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew,'use, operate,change,modify or relocate railroad tracks,signal,communication,fiber optics,or other wirelines,pipelines and other facilities upon,along or across any or all parts of its property,all or any of which may be freely done at any time or times by the Licensor without liability to the licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights(including those in favor of licensees and lessees of the licensors property,and others)and the right of the Licensor to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION MAINTENANCE AND OPERATION. (a) If the Wireline or any part thereof is to be located above the top of the rails of any track or communication and signal lines, including static wires,overhead clearance provided by the Wireline shall be no less than that shown on Exhibit A- The Wireline shall be constructed,operated,maintained,repaired,renewed,modified and/or reconstructed by the licensee in strict conformity with the Specifications prescribed in the current issue of the National Electrical Safety Code of the American National Standards Institute. In the event such Specifications conflict in any respect with the requirements of any federal,state or municipal law or regulation,such requirements shall govern on all points of conflict,but in all other respects the Specifications shall apply. (b) All work performed on property of the licensor in connection with the constriction, maintenance, repair, renewal modification or reconstruction of the Wireline shall be done to the satisfaction of the Licensor. 0 (c) If the Wireline is an existing one not conforming in its construction to the above provisions of this Section 2,the Licensee shall,within ninety(90)days after the date hereof,reconstruct it so as to conform therewith. (d) The Wireline shall be constructed,maintained and operated by the Licensee in such manner as not to be or constitute a hazard to aviation. With respect to the Wireline the licensee,without expense to the licensor,will comply with all requirements of law and of public authority,,whether federal, state or local,including but not limited to aviation authorities. (e) In the operation of the Wireline,the Licensee shall not transmit electric current at a difference of potential in excess of the voltage indicated on Exhibit A. If the voltage indicated is in excess of seven hundred fifty(750)volts,and the Wireline is,or is to be, buried at any location on the property of the Licensor outside track ballast sections or roadbed, the Licensee shall install metallic conduit,or non-metallic conduit encased in a minimum of three(3)inches of concrete with a minimum of four(4)feet of ground cover the entire length of the Wireline on the property of the Licensor. A Wireline buried by removal of the soil shall have, at a depth of one(1)foot beneath the surface of the ground directly above the Wireline,a six(6)inch wide warning tape bearing the warning,'Danger-High Voltage,"or equivalent wording. A Wireline encased in conduit,jacked or boredunder the property of the Licensor,must be identified by placing warning signs,to be installed and properly maintained at the expense of the Licensee, at each edge of the Licensor's property.The Licensee shall not utilize the signs in lieu of the warning tape where portions of the casing Xe installed by direct burial. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention,the licensee shall provide as much notice as practicable to licensor before commencing any work. In all other situations,the licensee shall notify the licensor at least ten 00)days(or such other time as the Licensor may allow)in advance of the commencement of any work upon property of the licensor in connection with the construction,maintenance,repair,renewal,modification,reconstruction,relocation or removal of the Wireline. All such work shall be prosecuted diligently to completion. wlx.exb Page 1 of Exhibit B "10()Oti4 WL LOM 980112 Form Approved,AVP-Law apeclion4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction,maintenance repair and renewal and any and all modification,revision,relocation,removal or reconstruction of the Wireline,includingan and all expense which maybe incurred the Licensor in connection therewith y by for supervision ' Pe or inspection, or otherwise. PeC , Section S. IIORIIIENT,RELOCATION ORREMOVAL OF WIRE_�. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its r Pe ailroad and in the improvement and use of its property, and the Licensee shall,at the sole expense of the Licensee,reinforce or encase the Wireline(if it is an underground facility)to the satisfaction of the Licensor,or move all or any portion of the Wireline to such new location,as the Licensor may designate,whenever in the furtherance of its needs and requirements, ' action necessary or desirable. the licensor shall find such (b) All the terms, conditions and stipulations p attons herein expressed with reference to the Wireline on property of the Licensor in the location hereinbefore described shall, so far as the Wireline remains on the'property, apply to the Wireline as modified,. changed or relocated within the contemplation of this section. Section 6. INTERFERENCE. In the operation and maintenance of the Wireline the Licensee shall take all suitable precaution to prevent any interference (by induction,leakage of electricity, or otherwise)with the operation of the signal, communication lines or other installations or facilities of the licensor or of its tenants;and if,at any time,the operation or maintenance of the Wireline results in any electrostatic effects which the licensor deems undesirable or harmful,or causes interference with the operation of the signal,communication lines or other installations or facilities, as now existing or which may hereafter be provided by the Licensor and/or its tenants,the Licensee shall, at the sole expense of the Licensee, immediately take such action as may be necessary to eliminate such qre:,ction erference. 7. PROTECTION OF FIBER OPTIC CABLE SySTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone',the Licensor at 1-800-336-9193(a 24-hour number)to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies)involved,arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without lirnitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement,the Licensee shall indemnify and hold the Licensor harmless from and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses) caused by the negligence of the licensee,its contractor,agents and/or employees,resulting in(1)any damage to or destruction of any telecommunications system on Licensor'sro y injury to or death of anemployed P party,and/or(2)an inj' y person em p oY by or on behalf of any telecommunications company,and/or its contractor,agents and/or employees,on Licensor's property,except if such costs, liability or expenses are caused solely by the direct active negligence of the licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on l.icensor's property. Section 8. CLAllvI ANDIM4s FOR LABOR AND The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in ection with the construction,maintenance,repair,renewal,modification or reconstruction of the Wireline,and shall not permit suffer any mechanic's or materialmwns lien of any kind or nature to be enforced against the property for any work done or wlx.exb Page 2 of 4 Exhibit B "�d�t3C2� WL—M 980112 Form Approved,AVP-Law materials furnished thereon at the instance or request or on behalf of the Licensee. The licensee shall indemnify and harmless the Licensor against and from any and all liens,claims,demands,costs and expenses of whatsoever nature in any connected with or growing out of such work done,labor performed,or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes,charges and assessments levied upon,in respect to,or on account of the Wireline,to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Wireline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax,charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor,then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction,relocation or removal of the Wireline,then in that event the Licensee shall,as soon as possible and at Licensee's sole expense,restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor,its officers, agents and employees,against and from any and all liability,loss,damages,penalties,claims, demands,costs and expenses of whatsoever nature,including court costs and attorneys'fees,which may result from injury to or death of persons whomsoever,or damage to or loss or destruction of property whatsoever,when such injury, death,damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. (a) As used in this Section,"Licensor"includes other railroad companies using the licensor's property at or near the locatii of the Licensee's installation and their officers, agents,and employees;"Loss'includes loss,damage,claims,demands, actions, causes of action,penalties,costs,and expenses of whatsoever nature,including court costs and attomeys'fees,which may result from: (a) injury to or death of persons whomsoever (including the licensor's officers, agents, and employees, the Licensee's officers,agents,and employees,as well as any other person);and/or(b)damage to or loss or destruction of property whatsoever (including Licensee's property,damage to the roadbed,tracks,equipment,or other property of the licensor,or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance,repair, renewal, modification,reconstruction, relocation, or removal of the Wireline or any part thereof;or 2. The presence,operation,or use of the Wireline or electric current conducted thereon or escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF WIRELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever,the licensee shall,at licensee's sole expense,remove the Wireline from the property of the Licensor and restore such property to as good a condition as it was in before the Wireline was originally constructed,all to the satisfaction of the Licensor. If the Licensee fails to do the foregoing,the Licensor may perform the work of removal and restoration at the expense of the licensee. The Licensor shall not be liable to the Licensee for any damage sustained by the licensee as a result of the removal of the Wireline by the Licensor as in this section provided,nor shall such action preju or impair any right of action for damages or otherwise that the Licensor may, at the time of such removal, have against Licensee. wlx.exb Page 3 of 4 Exhibit B 'MOO26 A V WLX.EXB 980112 Form Approved,AVP-Law �ection M WAMR OF BRPACH. The waiver by the licensor of the breach of any condition,covenant or agreement herein contained to be kept,observed and performed by the licensee shall in no way impair the right of the licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. ENATION.' (a) If the licensee does not use the right herein granted or the Wireline for one(1)year,or if the licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty(30)days after written notice from the licensor to the licensee specifying such default,the licensor may,at its option,-forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph(a)above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated,not less,however,than thirty(30)days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the licensee or by mailing to the last known address of the licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued,or,liability,accrued or otherwise,which may have arisen prior thereto. Section 14. AGREEMENT NC:T TO BE ASRIGNID. The licensee shall not assign this Agreement,in whole or in part,or any rights herein granted without the written consent of the licensor,and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted whether voluntary,by operation of law,or otherwise,without such consent in writing,shall be absolutely qW,cadand,at the option of the licensor,shall terminate this Agreement. etion 15. SUCCESSORS P}ND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs,executors,administrators,successors and assigns. exb w • lx. i Page 4 of 4 Exhibit h bit B `)�002 PLAVL X INS 960830 Form Approved,AVP-Law - EXIiIBIT B-1 Pipeline/Wireke(Hazardous,Flammable 12'or . Larger) Insurance Requirements licensee shall,at its sole cost and expense,procure and maintain coverage: during the life of this Agreement the following insurance a) General Liability insurance providing bodily injury including death,personal in a combined single limit of at least $2,000,000 each occurrence or claim and an a jury and property damage coverage with g aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a.separate general aggregate for the project(ISO Form CG 25 03 or equivalent). Exclusions for railroads(except where the Job Site is more than fifty feet(50')from any railroad tracks,bridges,trestles, roadbeds,terminals,underpasses or crossings),and explosion,collapse and underground hazard shall be removed. Coverage Purchased on a claims made form shall provide for at least a two(2)year extended reporting or discovery rae changes from a claims made form to an occurrence form, (b)there is a lapse/cancellation of coveragee, ori() s the ucceeding claims made policy retroactive date is different for the expiring policy. b) Automobile Iiability insurance providing bodily injury,property,damage and uninsured vehicles coverage with a combined single limit of at least$2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non-, owned and mobile equipment if excluded from coverage under the general public liability insurance. c) Workers'Compensation insurance covering Licensee's statutory liability under the workers'compensation laws of the state(s)affected by this Agreement,and Employers'Liability. If such insurance will not cover the liability of Licensee in states that require participation in state workers'compensation fund,Licensee shall comply with the laws of such states. If Licensee is self- insured,evidence of state approval must be provided. Licensee and their insurers shall endorse the required insurance policy(ies)to wadve their rimh-t of subro,ation ag Licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. The policies required under (a)and(b)above shall provide severability of interests and shall mune Licensor as an additional insured. Prior to commencing the Work, Licensee shall f�,rrish to Lia _nsgr certificate(s) of insurance evidencing the required coverage and endorsements and upon request,a certified duplicate original of any required policy. The certificate(s)shall contain a provision that obligates the insurance company(ies)issuing such policy(ies)to notifyLicensor in writing of any material alteration including any change in the retroactive date in any"claims policies or substantial reduction of aggregate limits,if such limits apply,or any cancellation at least thirty(30)days prior thereto. The insurance policy(ies)shall be written by a reputable insurance company(ies)acceptable to licensor or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s)in which the Job Site is located. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's' have been instructed by Licensee to procure the insurance coverage r insurance agent(s)/broker(s),who g required by this Agreement. If Licensee fails to procure and maintain insurance as required,Licensor may elect to do so at the cost of Licensee. The fact that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee, including,without limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by licensor shall not be limited by the amount of the required insurance coverage. 0 g:\sharc\insuranc\cxhb1x.exb I:\forms\plxeexb Hdo )00®28 - - IZ 3nN3AV y Q NOW NIN Li s � m H o � < -4 (D Q � Z i Q " pyW ad08-11ea D m o ! QLO Z NOW r W U o V) w O Z Q w ii Q W � z = � > Jld �� �l�l3d2�1 LLl `�000�� ITEM NUMBER: A - 5 DATE:_ 04/14/98 Y■, en ee, i9ia p �9 9 . CM City Manager's Agenda Report Wade G. McKinney Road Abandonment No. 98001 (Chalk Mountain Village Association) RECOMMENDA',.TION: Planning Commission recommends: That the City Councilapprove Resolution No. 1998-017 vacating a portion of La Linia Avenue. DISCUSSION: Background: In 1994 the City Council conditionally approved Tentative Tract'Ma 21-89 to create seventy-two (72) single family residential lots and one (1) open space lot. Condition#28 of TTM 21-89 requires the abandonment of La Linia Avenue prior to construction on certain lots. On April 7, 1998, the!Planning Commission conducted a Public Hearing to abandon the unimproved portion of La Linia Avenue east of El Corte Road. After public testimony and discussion, the Comm:ission voted to approve the road abandonment. Analysis: Pursuant to the Streets and Highways Code, the City Council must adopt a Resolution containing certain findings in order to abandon a road. Those findings include: 1. That the abandonment is in conformance with the City's General Plan; and 2. That the right-of-way is unsuited as a non-motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians; or that adequate easements';have been retained for such purposes. The Planning Commission has determined that these two findings can be made. FISCAL IMPACT: None. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: Attachment A - April 1, 1998 Planning Commission Staff Report ')00030 ATTACHMENT A ITEM NUMBER: B . 1 DATE: 4/7/98 19t8 Wi 19 9> �u Planning Commission Staff Report Road Abandonment#98001 (La Linia Avenue East of El Corte Road) SUBJECT: Request to abandon the unimproved portion of La Linia Avenue east of El Corte Road. RECOMMENDATION: Staff recommends that the Commission: 1. Find the previously approved Negative Declaration prepared for this project to be adequate under the requirements of the California Environmental Quality Act (CEQA); and 2. Recommend to the City Council that Road Abandonment#98001 be approved through the adoption of Resolution No. 1998-017. SITUATION AND FACTS: 1. Applicant: Chalk Mountain Village Association 2. Representative: Ray Bunnell 3. Project Address: La Linia Avenue East of El Corte Road 4. General Plan Designation: Low Density Multiple Family 5. Zoning District: RMF-4 (PD 6) 6. Environmental Status: Negative Declaration adopted August 7, 1990 ')90031. ITEM NUMBER: B . 1 DATE: 4/7/98 DISCUSSION: Background: The City Council approved Chalk Mountain Village(Tentative Tract Map 21-89) in 1990. The project consists of 72 single family residential lots of various sizes and one (1) open space lot of approximately twenty'one (21) acres. (Attachments A&B). On April 9, 1996 the City Council approved a reconsideration of the project to modify the lot configuration and amend the Conditions of Approval. Rather than a looped road design, cul-de-sacs were approved, significantly reducing site disturbance. Neither the original nor reconfigured project relied on La Linia Avenue for access. Access to the new private roads will be from El Corte Road. Condition #28 of the:approved project requires the abandonment of La Linia prior to construction on lots 17-32 and before occupancy of any units. The subject right-of-way extends from El Corte Road along the property line common to Chalk Mountain Golf Course. The County, who owns the golf course property, has no interest in access along this stretch of La Linia Avenue. The applicant intends to utilize the abandoned street to increase yard areas on lots 17-32. Analysis: Road abandonments (vacations) require a Resolution of the City Council. In this case, a Resolution of the County Board of Supervisors will also be required since the County owns 50% of the right-of-way. Pursuant to the Streets and Highways Code, such a Resolution must contain the following two findings' 1. That the abandonment is in conformance with the City's General Plan; and 2. That the right-of-way is unsuited as a non-motorized transportation facility, i.e. primarily for the use of pedestrians, bicyclists, or equestrians; or that adequate easements have been retained for such purposes. Staff believes these findings can clearly be made as the abandonment will not diminish any circulation goals of the City, nor is the right-of-way suitable for alternative transportation. Alternatives: The Planning Commission could deny the Road Abandonment request. Staff does not recommend this alternative because the approval of the applicant's overall project was conditioned on the abandonment. ITEM NUMBER: B . 1 DATE: 4171gg Conclusions: The La Linia Avenue right-of-way is not necessary for future road or utility purposes, nor is it suitable for some other form of public access. The abandonment will benefit Chalk Mountain Village and in fact was a condition of its approval. PREPARED BY: Kelly Heffernon, Assistant Planner ATTACHMENTS: Attachment A: Location Map Attachment B: Tentative Tract Map 21-89 Attachment C: Road Abandonment Detail Attachment D: Development Statement Attachment E : Draft Resolution No. 1998-017 ')00033 CITY OF ATASCADERO ATTACHMENT A LOCATION MAP — ZONING ROAD ABANDONMENT498001 " ""r77 COMMUNITY DEVELOPMENT DEPARTMENT -rte �� i �` ' � t• �`,' .fit � .��•, • • L • k '' �; t of � - R S F-*' - � � R� us cri co j' Ry A g.J' C T cN- j t�' q , c• 1 WA • � Q— ltaROr j��/r �aY�r7ld IjltR✓�I OR ip liv 91; �wa� on I If 41 fill \� �, ,1.11\`` ��� � ��t ��► CITY OF ATASCADERO ATTACHMENT C 'i1Y1�1iILINITY DEVELOPMENT ABANDONMENT 498001 - CO - ;a, DEPARTMENT ROAD ABANDONMENT DETA x-i `pati 1 ' ,Dr,-f ; : ,g SUR VE'YOR'S STA TEMEM LO E ` THIS ,UAP CORREC Z Y REPRESE717Z7 A SURVEY ClY4 LK MADE BY ME CR UNDER MY DIRECTION IN CONFORIAANCE WfTH THE REO.UIREM&ITS OF THE MCLATLAN LAND SURVEYORS ACT AT THE REOUEST CF 1O I170Lr SUNUM CONS7RUC770N /N DECEWER, 1989. • o N COURSE &07)1f ,. .u mk u, (g9D —=a. 9 ' - ? Ax" f A'l�SAR ALAN L VpLBR£CHT LS.5201 7ssarr' -� (EXP. s—Jo-91) Ptx R-RR-s RdfL 77.fJ31r T SP. /affiv f Rf$AR S d ,,; Pig?RR �-COUNTY SURVEYORS `�� NGT AMPIM z STA TEA11ENT — ROAD _ TNS MAP HAS PEEP LXA.W''ED IM ACCGRD..%'GE {;9 fil SEC770N 87E6 CF Trac LA,%D S,-'R:rYCR S ACT TH1Si2 LII vA Y ?,tS IS G973' y„Q / Ua d-5f71'S�' le .t N-f5aon' nn.. .ry �.•n..T•vn.'1 .., 00036 CITY OF ATASCADERO ATTACHMENT C CCONV D) `''�n� �Q .' ROAD ABANDONMENT 498001 _COMMUNITY DEVELOPMENT DEPARTMENT ROAD ABANDONMENT DETAI U ' I 401 5� T& 9 \ � •, ac 0 2.76AC, 7 i v Q' bs. 3a4, 24� ��p v 2 qp CITY OF ATASCADEI Assessor's Map Sk.30— Couniy of San Luis Obisp. FbrAsseunwe Pumoses only ')00037 BUNNELL CONSTRUCTION ': TEL No .805-541-3985 Mar 24,98 14:30 No .005 P .02 ATTACHMENT D ROAD ABANDONMENT 4980C DEVELOPMENT STATEM-7 City of Atascadero Planning Division Project Address: E1 Corte Rd at La Linia Project Type:, Street abandonment Developers Statement The purpose of this street abandonment is to meet the Conditions of Approval from the City of Atascadero dated March 19, 1996. This will allow construction of lots 18-31 (17-32 on approval, lots renumbered) . Abandoned street -area will be used as back. yards--for these lots.° .. i i ")0OQ3S ATTACHMENT E ROAD ABANDONMENT #98001 RESOLUTION NO. 1998-017 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUMMARILY VACATING A PORTION OF LA LINIA AVENUE PURSUANT TO STREET AND HIGHWAYS CODE; PART 3,PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION. (RA #98001: Chalk Mountain Village Assoc.; Bunnell) WHEREAS, Streets and Highways Code 8330 permits summary vacation of street right- of-way, or portion of a right-of-way, by adoption of a resolution of summary vacation; and WHEREAS, this portion of the La Linia Avenue right-of-way, as shown on the attached Exhibit, has been superseded by relocation and has been impassable for vehicular travel for at least five consecutive years and no public money was expended for its maintenance during that time; and WHEREAS, the vacation of this portion of the La Linia Avenue right-of-way will not eliminate access to any person's property; and which prior to relocation adjoined the street or highway to be vacated; and WHEREAS, the vacation of this portion of the La Linia Avenue right-of-way will not affect any in-place, in-use public utility facility or will not terminate a public service easement; and WHEREAS, the City Council held a Public Hearing on October 30, 1990 and approved Tentative Tract Map 21-89 with a condition to abandon this portion of La Linia Avenue; and WHEREAS, the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on April 7, 1998 and pursuant to Government Code 65402 has recommended to the Council this portion of La Linia Road right-of-way is not suitable or useful as a non-motorized transportation facility, or that adequate easements have been retained for such purposes. NOW, THEREFORE, the Council of the City of Atascadero finds as follows: 1. The proposed vacation of this portion of the La Linia Avenue right-of-way, superseded by relocation, is consistent with the General Plan. 2. The portion of the La Linia Avenue right-of-way to be abandoned, now superseded by relocation, is not suitable as a non-motorized transportation facility. 3. The Council now summarily vacates, pursuant to Streets and Highways Code, Part 3, Chapter 4, 8330, that portion of the La Linia Avenue right-of-way shown on the attached Exhibit subject upon the property owner agreeing to indemnify and"hold harmless" the City from claims that may arise from the abandonment procedure. This agreement shall be reviewed and found acceptable to the City Attorney prior to recording of the abandonment Resolution and associated documents. ')00039 Resolution No. 1998-017 Page 2 4. That from and after the date this resolution is recorded with the County Recorder, the portion of La Linia Avenue shown on the attached Exhibit shall no longer constitute a street right-of-way. 5. The City Clerk shall cause a certified copy of this Resolution of Summary Vacation, attested by his or her seal, to be recorded without acknowledgment or further proof in the office of County Recorder. On motion by and seconded by ,the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney l ' II -)000(10 Zz CITY OF ATASCADERO EXHIBIT A ROAD ABANDONMENT 498001 _COM11 UNITY DEVELOPMENT ' DEPARTMENT evDr AL., , SUR VE.YOR'S STA TEMEM LAW 771/S MAP CORRE-C Z Y REPRESE7175 A SURVEY CJS JK MADE BY ME OR UNDEER MY D/REC770N /N CONFOR14AIVCE W17H 77-IE REOUIREMEWS OF 7HE I MCU/VTIAJV LAND SURVEYORS ACT A T 77YE REOUEST OF 10 GOL)" SUNNQL CONS7RUC770N /N DECOVSZ? 1989 R > . k \ COURSE - �Zh�U, r }. ? I AM" l RFSAR AN ALL VOLBRECHT LS.5201 I "r ```•t ; `'� �R -s � NOrACCIPlm/ -'N, funo rrr ' =' B J 1 AM R6-#R-4 7 a,. i — I1 hCO LINTY SUR TlEYOR'S N6r ACCIrnD STA TEMENT 6 �;b XoA _ / NIS MAP HAS 8.SF1. "X.a.:r ED !r: 11,97N SEC770N 8766 CF -HF L,;.:'J SJR:�YCR S ACT CA Y C.�L M?K __ , 1 uoG)• G.- � d-Sl•JI'SI' nn....ry r.•r7•rvnn ,-t • ••. - �c `)00041 CITY OF ATA.SCADERO EXHIBIT A (CONT 'D� �, .... . . ,y _ . less. Ste :e �yT�— ROAD ABANDONMENT 498001 s _COMM UNITY DEVELOPMENT DEPARTMENT. 13 L l !O a 401 !. , fT33zt. a d\ of \` D� � s \ 4 � 2P-5 a. CQ es 7s v/ Q' Lts. 3a4, 42 SRO v q� C'TY OF ATASCADEi Assessor's Map 8k.30— County of Son Luis Obisp. Forte Purposes only '?00012 ITEM NUMBER: A - 6 DATE: 04/14/98 n 1818 '_ w 1a City Manager's Agenda Report Wade G. McKitiney Annual! Claim for Transportation Development Act Funds RECOMMENDATION: Staff recommends: Adoption of Resolution No. 1998-016 authorizing the filing of a claim for 1997-98 Transportation Development Act funds. DISCUSSION: The City annually fi1Qs a claim for its share of Transit Development Funds. Our efforts are coordinated through the San Luis Obispo Council of Governments (SLOCOG). Funds are used • to provide the local Ilial-A-Ride system, two percent is earmarked for bike/Pedestrian ways, and a portion is reserved by SLOCOG for regional transportation programs and administration. Any remaining funds may be used for street and road maintenance. FISCAL IMPACT: The amount claimed for Fiscal Year 1997-98 is $538,770. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Resolution No. 1998-016 Claim Forms ')00043 RESOLUTION NO. 1998-016 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS,Articles 4 and 8 of Chapter 4 of the Public Utilities Code requires claims for operating funds to be filed with the transportation planning agency by local transportation operators; and WHEREAS, the City of Atascadero is eligible for transportation funds as provided in Chapter 4 of the Public Utilities Code; and WHEREAS,the San Luis Obispo Council of Governments is the designated transportation planning agency for San Luis Obispo county. NOW,THEREFORE,BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the filing of a claim for Local Transportation funds in the amount of $509,545 and State Transit Assistance funds in the amount of$29,225. The Annual Project and Financial Plan prepared by SLOCOG is attached hereto marked Exhibit A and by reference thereof made a part hereof. On motion by Councilmember and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: DATE: ATTEST: CITY OF ATASCADERO By Marcia Torgerson, City Clerk Harold L.Carden, III,Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney Transportation Development Claim for Funds FY 1997/98 All the items marked with an X are included with this claim ITEM # DESCRIPTION X 1. Signed and completed claimant information form. X 2. Signed and completed certifications form. X 3. A completed Annual Project and Financial Plan. X 4. Resolution authorizing the claim for funds including the amounts of LTF and STA funds being requested, the proposed uses of those funds, and a finding that reasonable efforts have been made to implement transit productivity improvements recommended in performance audits (transit claimants)• X 5. A proposed budget for the fiscal year of the claim pertaining to transit or subsidized taxi. X 6. A statement identifying actions to comply with prior year's fiscal audit recommendations (if applicable). X 7. A statement identifying and substantiating the reason or need for any increase in the transit operating budget in excess of 15% above the preceding year, and substantial increases or decreases in the scope of operations or capital provisions for major new facilities (if applicable). X 8. A certificate from the CHP verifying that the operator is in compliance with Section 1808.1 of the vehicle code as required in PUC 99251 . 000, Item 1. CLAIMANT INFORMATION CLAIM # AT-978-1 FISCAL YEAR: 1997/98 TO: San Luis Obispo Council of Governments 1 150 Osos Street, Suite 202 San Luis Obispo, CA 93401 FROM: CLAIMANT: CITY OF ATASCADERO ADDRESS: 6500 PALMA CITY: ATASCADERO ZIP CODE: 93421 CONTACT: BOB GROGEN PHONE: 461-5011 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and Financial Plan claim form. a) Annual (LTF) Apportionment $ 509,545 b) Annual (STA) Funds $ 29,225 1) Operator Revenues $ 1,667 2) Apportionment $ 27,558 TOTAL FUNDS BEING CLAIMED ARE: $ 538,770 Claimant Signature: Wade G. McKinney Title: City Manager Date: 3-17-98 This claim was conditionally approved by the San Luis Obispo Council of Governments at a meeting on June 4, 1997, by Resolution No. 97-06. F-- Ronald L. De Carli, Executive Director Date "4000116 Item 2. CERTIFICATIONS By providing the required information and signing below, the authorized official certifies compliance with all of the required TDA Certifications (as marked by an X). X 1. Verification the proposed expenditures are in conformity with the Regional Transportation Plan (CCR 6651). X 2. A jurisdictional fund will be established for pedestrian and bicycle allocations pursuant to PUC 99233.3 (for non-transit claimants). X 3. The transit system will not receive TDA funds (LTF plus STA) in excess of operating costs minus fare revenues, and existing and projected farebox ratios (fare revenues/operating costs) for each system meet the minimum fare revenue requirements for both LTF and STA monies - 10% for all subsidized taxis, dial-a-rides, and fixed routes (except for SLO Transit - 20%). DATA CATEGORY ESTIMATED PROJECTED FY 96/97 FY 97/98 OPERATING COSTS (minus depreciation, amortization, lease costs, and the cost of providing $401, 796 $398, 410 ADA services) FARE REVENUES 55 , 000 58,500 MAXIMUM TDA ALLOWABLE FOR TRANSIT SYSTEM 346, 796 339, 910 TO CLAIM (Op. costs - fare revenues) FAREBOX RATIO (fare revenues/op. costs) 14% 15% X 4. Full use is' being made of federal funds available under the Urban Mass Transportation Act and Intermodal Surface Transportation Efficiency Act for transportation purposes (CCR 6754). X 5. Compliance will be maintained with the SLOCOG's adopted bus transfer pass policy. X 6. Equivalent reduced transit fares and identification cards for senior citizens and disabled persons are available pursuant to PUC 99155. X 7. The transit system does not routinely staff transit vehicles designed to be operated by one person with two or more persons pursuant to PUC 99264; or is not precluded by contract from employing part time drivers or from contracting with common carriers of persons operating under a franchise or license (CCR 6754). X 8. Compliance with General Purpose Paratransit Vehicles (GPPV) inspection and driver certification requirements per CVC 12804.6. X 9. Transit system will program or implement services to meet all unmet transit needs per the adopted 1996 SLOCOG resolution if applicable. X 10. The transit system ;s is not eligible to receive STA funds according to the following STA cost-containment test (required for all recipients of STA funds (PUC 99314.6) which measures the percent change in hourly operating costs to the percent change in the California Consumer Price (CPI) Index. one-year method three-year method Average 92/93, 93/94, 94/95 331, 132 341 697 #1. Total operating costs = Total vehicle service hours in 1994/95 (from #2 controllers report) = - \ 10169/ 9, 206 . 64 Total operating cost per revenue vehicle service hour #3 = (#1 / #2) 30• s 37. 11 Average 93/94, 94/95 , 95/96 342 ,549 #4 Total operating costs = Total vehicle service hours #5 /1788 9, 614. 67 Total operating cost per revenue vehicle service hour #6 (#4 / #5) 35 . 63 The difference in cost/hour (#6 _ -1. 48 #7. - #3) _ The percent change in cost/hour -. 04Q/o #8. (#7 / #3) _ Percent change in the Consumer Price Index for the #9. same period ' z 2.4 1. 9 If 8 < 9, the transit operator is eligible to receive STA funds this year (either method). JES O (YES) NO If NO, are there special circumstances that may be considered to reevaluate eligibility?. /YES O YES NO Please describe (use another sheet if necessary). Due to these circumstances is the agency eligible to YES NO YES NO receive STA? X 11. The transit system Has does Hoot have an adopted short range transit plan - required to receive additional discretionary STA funds (and FTA Section 18). 1 The percent change in the CPI was based on the highest calculated among three possible choices: 1) the state CPI, 2) the LA/Anaheim/Riverside CPI, and 3)the SF/SJ/Oakland CP0. 2 The average percent change in the CPI over two three year periods was the highest available among the three options. ")0001 19 X 12. Transit system estimated operating data from the prior fiscal year is as follows: DATA CATEGORY FY 96/97 VEHICLE SERVICE HOURS 9, 770. 96 VEHICLE SERVICE MILES 157, 026 PASSENGER COUNT 71,471 EMPLOYEE HOURS __T16 ,016 X 13. Prior :to disbursement of TDA funds, the following documents will be submitted: a. This claim for funds will be submitted to SLOCOG; and. b. A state controller's report of financial transactions (LGFA) will be submitted to the State Controller's Office and to SLOCOG (by September 30); and • C. Three copies of a certified fiscal audit of all TDA funds received the prior fiscal year will be submitted to SLOCOG (by December 31 for 2nd quarter payment). IN N Fe�✓�,. �� Yom / / / Signature of Authorized Official Date Attesting to the reasonableness and accuracy of these statements. `M0049 Item 3. ANNUAL PROJECT AND FINANCIAL PLAN ATASCADERO Proposed Use Authority Amount SLORTA System -jurisdictional Art. 4 132,635 share of regional transit Sec. 99260 under authority of JPA Total Transit JPA Contributions 132,635 2% BIKE/PEDESTRIAN ways projects Art.3 10,191 and bicycle safety education Sec. 99233.3 ATASCADERO DAR - a local general Art. 4 310, 685 purpose demand responsive system Sec. 99260 STREETS & ROADS PROGRAM - for Art. 8 54, 864 miscellaneous street (re)construction, Sec. 99400 (a) maintenance, other ped./bikeway projects TDA Audit Cost Art. 3 1,170 Reimbursement Sec. 99245 Total LTF Received Directly 376,910 ATASCADERO DAR - a local general Art. 6.5 1,667 purpose demand responsive system Sec. 99314 ATASCADERO DAR - a local general Art. 6.5 27,558 purpose demand responsive system Sec. 99313 ATASCADERO DAR - a local general Art. 6.5 0 purpose demand responsive system Sec. 99313 Total STA Received Directly 29,225 Total LTF Funds 509,545 Total STA Funds 29,225 TOTAL TDA FUNDS 538,770 o.k. 0 Prepared by S.Winslow 6/11/973:01 PM EXHIBIT A...EX A 9`788 597 !� 100050 ITEMNUMB ER. A - 7 ' DATE:_ 04/14/98 NA In 1918 p 19 9 City Manager's Agenda Report Wade G. McKinney State Master Agreement RECOMMENDAITION: Council authorize b minute order, the execution of State Master Agreement No. 05-5423 b Y; g Y the City Manager. DISCUSSION: The State Master Agreement sets out the requirements and conditions to be met before Federal funds can be authorized and distributed to the City by the State. Individual projects are authorized by a Program Supplement to the Master Agreement. Because of changes in Intermodal Surface Transportation Efficiency Act(ISTEA) and the re- engineered CalTrans'!Local Assistance procedures, the current Master Agreement the City has with the State (Attachment B) is being replaced with State Master Agreement No. 05-5423 (Attachment A). Thee new agreement must be in effect before any new City projects can be programmed to receive Federal funds. ISTEA was enacted to fund Federal programs such as the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA) and the Highway Bridge Replacement and Rehabilitation Prograi n (HBRR). Before Federal-aid can be made available to the City for any project funded by these programs,the City must enter into an agreement with the State relative to prosecution of the prgject and maintenance of the completed facility. FISCAL IMPACT: The City relies upon Federal funding for the construction and rehabilitation of its infrastructure. The City typically receives Federal funds through either the San Luis Obispo County Council of Governments or CalTrans (SLOCOG) in the form of STP and TEA funds and from CalTrans in the form of HBRR funds. By not entering into the State Master Agreement,the City will lose a significant source of nding for capital projects. ')00051 ITEM NUMBER: A - 7 DATE: 04/14/98 • ALTERNATIVES: No alternative sources of funding have been identified which could replace those that would be lost by not entering into the State Master Agreement. Capital projects would have to be funded solely by gas tax funds, development impact fees and the General fund. RESPONSIBLE DEPARTMENT: Community Services Department ATTACHMENTS: A. State Master Agreement No. 05-5423 B. 1982 State Master Agreement ")0©fl-52 MASTER AGREEMENT ADMINISTERING-AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS 05 City of Atascadero District Adminstering Agency Agreement No. 05 - 5423 This AGREEMENT, made effective this day of 1997, is by and between the City of Atascadero hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH: WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program(RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation Program(HBRR) (collectively the "Programs"); and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP and CMAQ)-may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and WHEREAS, before Federal-aid will be made available for a specific Program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. NOW, THEREFORE, the parties agree as follows: ARTICLE I- PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any Program project unless and until a project4specific Program Supplement to this AGREEMENT for Federal-aid Projects, hereinafter referred to as "PROGRAM SUPPLEMENT," has been executed. 2. The term "PROJECT," as used herein, means that authorized project financed in part with Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAM SUPPLEMENT, and in a Federal-aid Project Agreement (PR-2). • 3. The Financialcommitment of STATE administered federal funds will occur only upon the execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEMENT and PR-2. " l ')00053ATTACHMENT A 4. ADMINISTERING AGENCY further agrees,as a condition toa to a PROJECT, to comply with all the agreed-upon S P yment of funds obligat�, marks attached PROGRAM SUPPLEMENT identifying and defmingththe nature of the specific PROJECT. to the 5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT b ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's governing body. 6. ADMINISTERING AGENCY shall conform to all State statutes,regulations and procedures (including those set forth in LPP 95-07, "Reengineering," and Local Programs Manual updates,hereafter referred to as Rand subsequent approved revisions lating to the Federal-aid Program,all Title 23 Federal requirements, and all applicable flaws regulations, and ons, and policy and procedural or instructional memoranda,unless otherwise designa PROGRAM SUPPLEMENT. ted in the approved 7. If PROJECT involves work on the State highway system,it shall also be the subject of a separate standard form of encroachment permit and,where appropriate,a cooperative agreement between STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. 8. If PROJECT is not on STATE-owned right of way,PROJECT shall be constructed in accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES minimum statewide design standards for local agency streets and roads. The REENGINEERED PROCEDURES for projects off the National Highway System (NHS)allow the STATS to accept either the minimum statewide design standards or ADMINISTERING AGENCY-approved geometric design standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications,standard plans,and materials sampling and testing quality assurance programs that meet the conditions described in the REENGINEERED PROCEDURES. 9. When PROJECT is not on the State highway system but includes work to be performed by a railroad,the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other faciliti installed under the contract. es 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. As provided in.the REENGINEERED PROCEDURES, work may be performed by a consultant(s),provided a fully qualified and licensed employee of ADMINISTERING AGENCY is in responsible charge. 11. The Congress of the United States,the Legislature of the State of California, and the Governor of the State of California,each within their respective jurisdiction,have prescribed certain employment practices with respect to work financed with Federal or State funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto)whenever State funds finance part of the PROJECT,and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGEN further agrees that any agreement entered into by ADMINISTERING AGENCY with a third for CY PAY • , 2 11/29/95 100054 • performance of work connected with the PROJECT shall incorporate Exhibits A(whenever State funds finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a Federal-aid PROJECT shall be awarded until the necessary rights of wayhave been secured. Prior to the advertising for construction of the PROJECT, ADMINISTERING AGENCY shall certify and, upon request,shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMII\ISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the,construction of the PROJECT because utility facilities have not been removed or relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required in REENGINEERED PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights areto be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not Federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family,business, farm operation, or non-profit'organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Cade. The public will be adequately informed of the relocation payments and services which will be available,and, to the greatest extent practicable,no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least 90-days',,written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT,that no person will be displaced until comparable decent,safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5). 6. In all real property transactions acquired for the PROJECT,following recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee,there shall also be recorded a separate document which is an "Agreement Declaring Restrictive Covenants."' Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibit+:A and B and Appendices A,B, C-and D, as appropriate,when executed by ADMINISTERING AGENCY. 3 11/29/95 ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY • 1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed,rehabilitated,or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work,the agency having jurisdiction over the PROJECT shall maintain the completed work in a manner satisfactory to the authorized representatives of STATE and the United States. If,within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof,under ADMINISTERING AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of,the approval of future Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration.' The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2, above,includes not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERING AGENCY,another unit of government,or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE IV - FISCAL PROVISIONS 1 The PROJECT,or portions thereof, must be included in a Federally-approved Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the "Request for Authorization." 2. State and Federal funds will not participate in PROJECT work performed in advance of approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to Proceed." 3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHWA. The total of all' amounts claimed,plus any required matching funds,must not exceed the actual total allowable costs of all completed engineering work,right of way acquisition, and construction. 4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include this AGREEMENT number, Federal-aid project number,and Progress billing number for the PROJECT, and shall be in accordance with REENGINEERED PROCEDURES. 5. The estimated total cost of PROJECT,the amounts of Federal-aid programmed,and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance Letter/Detail Estimate and a PR-2 document which are to be considered as part of this AGREEMENT. Federal-aid program amounts may be increased to cover PROJECT cost increases only if such funds are . available and FHWA concurs with that increase. 4 11/29/95 ')00056 • 6. When additional federal-aid funds are not available,the ADMINISTERING AGENCY agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2,or its modification (PR-2A),'and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to finance the local share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned to STATE by ADMINISTERING AGENCY upon written demand. 9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete PROJECT,then,within 30 days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE,acting through the State Controller,the State Treasurer,or any other public agency,may withhold or demand a transfer of an amount equal to the amount owed to STATE from future apportionments,;or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY Federal-aid projects. 10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE,and if ADMINISTERING AGENCY is constituted as a joint powers authority,special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds,pursuant to Article IV 9,from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities,to recover all funds provided by STATE hereunder. ARTICLE V - RETENTION OF RECORDS/AUDITS 1. For the purpose of determining compliance with Public Contract Code Section 10115,et. seq. and Title 21,California Code of Regulations,Chapter 21, Section 2500 et,seq.,when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code Section 10532,ADMINISTERING AGENCY and any third party under contract with ADMINISTERING AGENCY shall retain all original records to the project financed with Federal funds and shall make records available upon request by Federal and State representatives. Following final settlement of the project costs with FHWA the records/documents may be microfilmed by the ADMINISTERING AGENCY,but in any event shall be retained for a period of three years from STATE payment of the final voucher,or a four-year period from the date of',the final payment under the contract,whichever is longer. ADMINISTERING AGENCY shall retain records/documents longer if required in writing by STATE. 2. Per the Single Audit Act of 1984,any ADMINISTERING AGENCY that receives $100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an independent audit firm per the Single Audit Act- (see OMB-A128, "Audits of State and Local Governments"). ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT,ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief,that: 5 11/29/95 ")000,5'7 A. No STATE or Federal appropriated funds have been paid or will be paid,by or on behalf of ADMINISTERING AGENCY,to any person for influencing or attempting to influence an • officer or employee of any STATE or Federal agency,a Member of the State Legislature or United States Congress,an officer or employee of the Legislature or Congress,or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or Federal contract including this Agreement,the making of any STATE or Federal loan,the entering into of any cooperative contract,and the extension,continuation,renewal, amendment, or modification of any STATE or Federal contract, grant,loan, or cooperative contract. B.. If any funds other than Federal appropriated funds have been paid,or will be paid, to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement,grant,local,or cooperative contract,ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352,Title 31, U.S. Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this document that the language of this certification will be included in all lower tier sub-agreements which exceed$100,000 and that all such sub-recipients shall certify and disclose accordingly. ARTICLE VII - MISCELLANEOUS PROVISIONS 1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done,by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is understood and agreed that,pursuant to Government Code Section 895.4,ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE, its officers, and employees from all claims,suits or actions of every name;kind and description brought for,or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of anything done, or omitted to he done, by ADMINISTERING AGENCY under, or in connection with, any work,authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neither ADMINISTERING AGENCY nor any officer or employee thereof,shall be responsible for any damage or liability occurring by reason of anything done,or omitted to be done,by STATE under, or in connection, with any work,authority,or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability unposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done,or omitted to be done,by STATE under, or in connection with,any work, authority,or jurisdiction delegated to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in any litigation in which ADMINISTERING AGENCY's interests are at stake. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,when engaged in the performance of this Agreement, shall act in an independent capacity and not as officers,employees or agents of STATE. 6 11/29/95 "0€3055 4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should . ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,STATE may proceed with the PROJECT work in any. manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under this AGREEMENT prior to termination,provided,however,that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this. AGREEMENT, and th6i balance,if any,shall then be paid ADMINISTERING AGENCY upon demand. 5. Without the written consent of STATE,this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT,that no person or selling agencyhas been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding fora commission,percentage, brokerage, or contingent fee,excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability,pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code Section 10296,ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by.a Federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial,business, or other relationship with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 10. ADM NT,STERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates,kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or:violation of this warranty, STATE shall have the right,in its discretion,to terminate this AGREEMENT without liability,to pay only for the work actually performed,or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate,kickback, or other unlawful consideration. 12. - This Agreement is subject to any additional restrictions,limitations,conditions, or any statute enacted by the State Legislature that may affect the provisions, terns, or funding of this AGREEMENT in any mariner. 7 11/29/95 100059 ARTICLE VIII-TERMINATION OF AGREEMENT 1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon.60 days' prior written notice by STATE. 2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding limits for each described PROJECT funded under this Federal-aid program. No STATE or FHWA funds are obligated against this AGREEMENT. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA CITY OF ATASCADERO DEPARTMENT OF TRANSPORTATION By By Chief, Office of Local Programs ADMINISTERING AGENCY Project Implementation Representative Name& Title (Authorized Governing Body Representative) Date Date • 8 IM0060 EXHIBIT A i ,FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement,ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color,sex,religion,ancestry or national origin. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment,without regard to their race,sex, actual or perceived sexual orientation,color,religion, ancestry,or national origin. Such action shall include,but not be limited to,the following: employment, upgrading,demotion or transfer,recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. ADMINISTERING AGENCY shall post in',conspicuous places,available to employees for employment,notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements,application forms, and other pertinent data and records by STATE,the State Fair Employment and Housing Commission,or any other agency of the State of California designated by STATE,for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement 3. Remedies for Willful Violation: (a) $TATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder.shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond,if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY,the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. 9 11/29/95 f _ EXHIBIT B i NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the STATE, acting for the U.S.Department of Transportation,it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d-42 U.S.C. 20OOd-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A,Office of the Secretary,Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS),the Federal-aid Highway Act of 1973, and other pertinent directives,to the end that in accordance with the ACT, REGULATIONS,and other pertinent directives,no person in the United States shall,on the grounds of race, color,sex,national origin, religion, age or disability,be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of Transportation,ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically,and without limiting the above general assurance,ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its Federal-aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS,will be (with regard to a "program")conducted,or will be(with regard to a "facility")operated incompliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid Program and,in adapted form,in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement,minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color, sex,national origin, religion,age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land,in any deed effecting a transfer of real property,structures,or improvements thereon,or interest therein. 5. 'That where ADMINISTERING AGENCY receives Federal financial assistance to construct a facility,or part of a facility,the Assurance shall extend to the entire facility and facilities operated in connection therewith. 10 11/29/95 . i ��OC�2 6. That where ADMINISTERING AGENC'i receives Federal financial assistance in the . form, or for the acquisition,of real property or an interest in real property, the Assurance shall extend to rights to space on, over,;or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land,in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING parties: AGENCY with other AppeIIdi4 C; (a) for the subsequent transfer of real property acquired or improved under the Federal- aid Program; and Appendix',.D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal-aid Program. 8- That this assurance obligates ADMINISTERING AGENCY for the period during which Federal financial assistance is extended to the program,except where the Federal financial assistance is to provide, or is in the form of,personal property or real property or interest therein, or structures, or improvements thereon, 14 which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Fede • financial assistance is extended,or for another purpol ra similar services or benefits; or se involving the provision of (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are'found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADNIMSTERING AGENCY, other recipients, sub- grantees, applicants, sub-4pplicants, transferees,successors in interest, and other participants of Federal financial assistance under';such program will comply with all requirements.imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADNIIIVISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement-with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,loans, agreements,property,discounts or other Federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants,'transferees, successors in interest and other participants in the Federal-aid Highway Program. • 11 11/29/95 1)0nPV_1 } APPENDIX A TO EXHIBIT B During the performance of this Agreement,ADMINISTERING AGENCY,for itself,its assignees and successors in interest(hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation,Title 49,Code of Federal Regulations,Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS),which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT,shall not discriminate on the grounds of race, color,sex,national origin, religion, age,or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations forSub-agreements, Including Procurements of Materials and Eq�upment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race,color,or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and* reports required by the REGULATIONS,or directives issued pursuant thereto,and shall permit access to ADMINISTERING AGENCY's books, records,accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information,ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate,including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until ADMINISTERING AGENCY complies; and/or (b) cancellation,termination or suspension of the Agreement, in whole or in part (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs(1) through (6)in every sub-agreement,including procurements of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance,provided,however, that,in the event ADMINISTERING AGENCY becomes involved in, or is threatened with,litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of . STATE,and,in addition,ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. 12 11/29/95 `)00064 . APPENDIX B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property,structures or improvements thereon,or interest therein from the United States. (GRANTING CLAUSE) NOW,THEREFORE,the U.S.Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon,in accordance with Title 23,United States Code,the Regulations for the Administration of Federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and,also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78'Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right,title,and interest of the U.S:Department of Transportation in, and to,said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO'HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions,restrictions and reservations herein contained as follows,which will remain in effect for the period during which the real property or structures are used for a'';purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY,its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself,its successors and assigns, (1) that no person shall on the grounds of race, color,sex,national origin,religion,age or disability,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on,over,or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49,Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964,and as said Regulations may be amended(;)and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions,the U.S.Department of Transportation shall have a right to re-enter said lands and facilities on said land,and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* • * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order toi effectuate the purposes of Title VI of the Civil Rights Act of 1964. 13 11/29/95 )0 0065 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds,licenses,leases,permits, or similar instruments entered into by ADMINISTERING AGENCY,pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee,lessee,permittee,etc,., as appropriate) for himself,his heirs,personal + representatives,successors in interest,and assigns, as a part of the consideration hereof,does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land")that in the event facilities are constructed,maintained,or otherwise operated on the said property described in this (deed,license,lease,permit,etc.)for a purpose for which a U.S.Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits,the (grantee,licensee,lessee,permittee,etc.),shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49,Code of Federal Regulations, U.S. Department of Transportation,Subtitle A, Office of Secretary,Part 21,Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may amended. (Include in licenses,leases,permits,etc.)* That in the event of breach of any of the above nondiscrimination covenants,ADMINISTERING AGENCY shall have the right to terminate the (license,lease, hermit etc.)and to re-enter and repossess said land and the facilities thereon, and hold the same as if said(license,lease,permit,etc.)had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. i s i * Reverter clause and related language to be used only when it is determined that such a clause is • f necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. ; 14 11/29/95 700CS'S APPENDIX D TO EXHIBIT B • The following shall be included in all ts entered into by the ADMINISTERING AGENCY,pursuant oetthhe provisions of Assurarmits, or similar nce (b)o Exhibit B. (b)of The grantee(licensee,lessee, permittee,etc., as appropriate)for himself,his personal representatives,successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree(in the case of deeds,and leases add "as a covenant running with the land") that. (1) no person on the ground of race, color, sex,national origin,religion, age or disability, shall be excluded from participation in, denied the benefits of,or otherwise subjected to discrimination in the use of said facilities;' (2) that in the construction of any improvements on,over, or under such land and the furnishing of services thereon,no person on the ground of race,color, sex,national origin,religion,age or disability shall be excluded from participation in, denied the benefits of,or otherwise be subjected to discrimination;and (3) that the (grantee, licensee,lessee,permittee,etc.,) shall premises compli use the premiin with the Regulations. (Include in licenses, leases,permits,etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the;right to terminate the (license,lease,permit,etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license,lease,permit,etc.)had never been made or issued. (Include in deeds)* That in the event pf breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon,and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. • * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. �r 15 11/29/95 '1000Js7 e l_(OL_ fGENCY-STATE /IfiRE HIT FOR FEDm 1L AID PROJECTS 05 San Luis Obispo Atascadero 'sr c1 County City AGREEMENT NO. 05-5423 MASTER AGREEMENT THIS AGREEMENT, made in duplicate this day of 198et by and between the CitX of Atascadero , political subdivision(s) of the State of California hereinafter referred to as "LOCAL AGENCY and the STATE OF CALIFORNIA, acting by and through the Department-of Transportation, herinafter referred to as "STATE". WITNESSETH: WHEREAS, the Congress of the United States has declared it to be in the national interest for Federal Funds to be expended for highway, fringe parking, bicycle transportation, pedestrian walkways, and mass transportation projects; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds authorized may be made available for use on local transportation facilities in accordance with the intent of Federal acts; and WHEREAS, there exists a compelling need for improvements or restoration of roads, streets, highways, fringe parking, and, public transportation facilities within the boundaries of LOCAL 'AGENCY; and WHEREAS, LOCAL AGENCY and STATE therefore desire to.make use of such Federal funds as may be made available within the jurisdictional .boundaries of said LOCAL AGENCY; and WHEREAS, before Federal-aid will be made available for projects, LOCAL AGENCY and STATE are required to enter into an agreement relative to prosecution of the said project and maintenance of the completed facility. • DH-OLA 255 �4-77) ATTACHMENT R ���� THEREFORE, the parties agree as follows: ARTICLE I CONDITIONS 1 . Projects located in urbanized areas (unless exempt) must be part of a progrEam which serves to implement an areawi.de plan held currently valid by the regional transportation policy board. . 2. :Federal funds may participate only in work.which has been officially programmed to and authorized by the Federal Highway Administration in 'advance of its, performance. 3. Funds apportioned such as the STATE's share of FAS funds are considered Federal-aid funds. ARTICLE II - IMPROVEMENTS/RESTORATIONS 1 , The term "IMPROVEMENT" or "RESTORATION" as used herein means any work that is financed in part with Federal funds. • 2. The Supplemental Local Agency-State Agreement (program supplement) shall be in a form prescribed by STATE; and shall designate who shall advertise, award,. and administer the contract, the Federal funds 'requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and approval by STATE shall cause such program supplement to be a'' part of this agreement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved by the LOCAL AGENCY's, governing body. Cooperative projects including work. on a State highway shall be the subject of a separate cooperative agreement. 3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures (in- cluding those set forth in the STATE's Local Programs Manual) re- lating to the Federal-aid program and to all 'applicable Federal laws, regulations, and policy and procedural or instructional memoranda. This includes, but' is not limited to, the holding of public hearings when required, the';publishing of various press •notices, and the pre- paration of plans, '-; specifications, and estimates. A. Unless otherwise designated in the approved -program supple- went, improvements will be constructed by contract in accordance with DH-OLA 255 (4-77 _2_ _)00069 b E Certification Acceptance procedures approved by the FHWA. Such pro- cedures require the :use -of Specifications described in the State's Certification; STATE approval of plans, special provisions and esti- mated costs prior to advertisement; a rtification by LOCAL AGENCY with respect to the right-of-way; and vertisement for a minimum of 3 weeks prior to bid opening. The contract will be awarded by LOCAL AGENCY, its agent, or .by. STATE as may determined between the parties. prior to each project advertisement. 5. When the IMPROVEMENT or RESTORATION includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL AGENCY or by. STATE, as parties hereto agree. A con- tract entered into'by LOCAL AGENCY for such work must have prior approval. of. STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or other facilities installed under the service contract. 6. LOCAL AGENCY shall provide or arrange for adequate super- vision and inspection' of each improvement, including contracts awarded by STATE. With prior State approval, surveying, inspection and test- ing may be. performed* by a consulting engineer provided an employee of LOCAL AGENCY is in responsible charge. • 7. STATE shall exercise general supervision over Federal-aid improvements and may assume full and direct control over the project whenever STATE, at its sole discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III - -RIGHTS-OF-WAY 1. No contract for the construction of a Federal-aid IMPROVE- MENT or RESTORATION project shall be awarded until the necessary rights-of-way have been secured. Prior to the advertising of a proj- ect on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights-of-way are. available for construction purposes or will be available by the. time of contract award. 2. LOCAL AGENCY agrees to hold STATE harmless from any lia- ' bility'which may result in the event the right-of-way .is not clear as certified. The furnishing of right-of-way as provided for herein includes, in addition to all real property required for the improve- ment free and clear of obstructions and encumbrances affecting the I DH-OLA 255 (4-77) -3- 1190070 proposed project,,; the payment as required by applicable law of dam- ages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds .any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of- way have not been made available to the contractor for the orderly prosecution of the work. . 3 Subject to STATE approval. and such supervision over LOCAL AGENCY'S right-of-way acquisition procedures as STATE may determine is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights-of-way included in an approved project. 4. The LOCAL AGENCY will comply with Title II and III of the Uniform Real Property Acquisition Policy. 5. Whether' or not Federal-aid is to be requested for right-of- way, should LOCAL 'AGENCY, in acquiring right-of-way for a Federal.-aid IMPROVEMENT, displace an individual , family, business,' farm operation, or non-profit organization, relocation payments and services will be provided.as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation -payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90-days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro- vide the State with specific assurance, on each project, that no person will be displaced ',until comparable decent, safe and sanitary replace- ment housing is availabie within a reasonable period of time prior to displacement, and ''that LOCAL AGENCY's relocation program is realistic and is adequate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in FHPM 7-5. ARTICLE IV,—FISCAL PROVISIONS 1. When a Federal-aid IMPROVEMENT or RESTORATION contract is to be awarded.by STATE, matching funds will be provided by LOCAL AGENCY ' prior to the time"that such funds are required to reimburse .contractor. STATE will bill LOCAL AGENCY for amount due immediately fol.lowing con- tract award, or at option of LOCAL AGENCY, will submit monthly bills during life of contract. 2. The estimated total cost of Federal-aid projects, the amounts- of Federal-aid programmed, and the matching amounts agreed upon may bd DH-OLA 255 (4-77) -4- ^/p(��©"P J+ 1 1 V p/ adjusted by mutual consent of the parties hereto, provided funds are. available to cover increases and provided Federal Highway Administration concurs in any increase in the Federal-aid. 3. Upon submittal by LOCAL. AGENCY of a statement of expenditures for Federal-aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal to the legal pro rata Federal share of the costs believed to be eligible for participa- tion with Federal funds or will voucher Federal Highway Administration for reimbursement. . 4. LOCAL AGENCY shall use its own funds to finance the local share of eligible costs and expenditures ruled ineligible for financ- ing with Federal funds. STATE shall make preliminary determination of eligibility for Federal fund financing. Ultimate determination shall rest with- the Federal Highway Administration. Any overpayment of amounts due shall be returned to STATE upon demand. 5. When any portion of' a LOCAL AGENCY project is performed by STATE, charges. therefor shall include assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative MAnu al . The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. 6. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, may with- hold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States shall be given access to LOCAL AGENCY's books and records and shall be given such assistance and information as is requested for the purpose of checking costs paid, or to be paid by STATE hereunder. ARTICLE V - MISCELLANEOUS PROVISIONS 1*. This agreement shall have no force or effect with respect to any project unless and until said project has been authorized by the Federal Highway Administration and a Program Supplemental Agree- ment has been executed. - 2. The Congress of the United States, the Legislature of the State of California, and -the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed DH-OLA 255 (4-77) -5- ')000"72 with Federal or State funds. LOCAL AGENCY shall insure that work per- formed under this agreement is done in conformance with rules and regulations embodying such requirements where they are applicable. Nondiscrimination Assurances, Exhibit "A", are.hereby considered a part of this agreement. 3. When Federal funds are to participate in the cost of work done .by a consultant, the agreement or contract with the consultant . may not be executed or awarded until the selection of the consultant and the terms of. the agreement or contract have been approved by STATE. Such agreement or contract shall include a provision that the work and records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, STATE and the Federal Highway Administration and that. agreement or contract may be terminated by LOCAL AGENCY• upon a finding that the consultant is failing to live up to the terms of the agreement or contract. All major changes -in the agreement or. contract must have prior approval of the STATE. As soon as agreement or contract with .consultant has been awarded, two certified copies of said agreement or -contract shall be submitted to STATE. 4. LOCAL AGENCY and its contractors shall retain all original records and documents relating to work hereunder financed in part with Federal funds and shall make same available for inspection by STATE and Federal representatives upon request. Following final settlement of the project accounts with the Federal .Highway Adminis- tration, such. records and documents may be microfilmed at the. option of LOCAL AGENCY, but in any .event shall be retained for a three-year period after FHWA payment of final .voucher, or a four-year period from the date of final payment under the contract, whichever is longer. 5. (a) Neither STATE nor any officer or employee thereof shall be responsible for' any damage or liability occurring by reason of any- thing done or omitted to be done by LOCAL AGENCY under or in connection With any work, authority or jurisdiction delegated to .LOCAL AGENCY .under this agreement. It is also understood and agreed that, pursuant . to Government Code': Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done'; by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability. occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to • Government .Code Section 895.4, STATE shall fully indemnify and hold ')000'73 LOCAL AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted. to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under. this agreement. ARTICLE VI MAINTENANCE .1 . Upon acceptance by the awarding authority of a completed Federal-aid project or upon the contractor being relieved of the responsibility for maintaining and. protecting a portion of the work, the agency having jurisdiction over the transportation facility shall maintain the completed work in a manner satisfactory to the authorized representatives of the State and the United States. If, within 90 days- after receipt of notice from STATE that. a project on a -transportation facility under its jurisdiction or any portion thereof, is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further. Federal- aid projects of LOCAL AGENCY will be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration..' The provisions of this section shall not apply. to a transportation facility which has been vacated through due process. of law. 2. The maintenance referred to in paragraph 1 above includes not only the physical condition of the facility but its operation as well. Traffic Operations Improvements on local streets shall be main- tained by.an adequate and well-trained staff of traffic engineers and technicians.. Said maintenance staff may be employees of a LOCAL AGENCY, another unit of government or a consultant under contract with a LOCAL AGENCY. DH-OLA 255 (4-77) -7- ')400074 IN WITNESS WHEREOF, the parties have executed this agreement by their duly authyorized officers. STATE OF CALIFORNIA CITY OF ATASCADERO .DEPARTMENT OF TRANSPORTATION DISTRICT oa By BY Dist 'ct Director of Transportation Mayor. ` Robert J. Wil ink; 'Jr. ATTEST: Approval Recommended: ity erg"- urray r. -Warden Local Assistance Engineer COUNOF By Chairman,, rd of Supervisors ATTEST: er o oard 1 Cere�y ccrtit( uu"T.wy c."a r-rro-v ► has an• c: Ia`13 C.Tout.'sho+r:j,f ra' ; .....d U-. Slcta LCit,ztore 1cr ` �, w ��5¢r �t`lccccr�ttmd°@fitccr Date PGR.tUff E9iIEIT "�" NONDISCRIMINATION ASSURANCES The COUNTY/CITY of Atascadero (hereinafter) referred to as the RECIPIENT HEREBY AGREES THAT as a condition to receiving any.' Federal financial assistance from the California Department of Transportation, acting for the U. S. Department of Transportation, -it will comply with Title VI .of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT) , and all -requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of- Transportation - Effectuation of Title VI of the Civil Rights Act-of 1964 (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in -accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall , :on the grounds of race, color, sex, or national origin, be excluded from participation -in, be denied the benefits of, or be otherwise subjected to discrimination under any program -or activity for which the RECIPIENT receives Federal financial assistance from the Federal Department of Transportation, HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 213(a) (1 ) of the REGULATIONS. More specifically, and without limiting the above general assurance, the RECIPIENT hereby gives the following -specific assurances with respect to its .Federal-aid Program: 1 . That. the RECIPIENT agrees that each "program" and each "facility" as defined in subsections 21 .23 (e) and 21.23 (b) of the REGULATIONS,. will be (with regard to a "program") conducted, or will be (with regard to a ."facility")operated in compliance with. all requirements imposed by, or pursuant to, the REGULATIONS. 2. That the RECIPIENT shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid Program and, in -adapted form in all proposals for negotiated agreements: DH-OLA 25.5_J4777) - _ `� 7 6 - AGREEMENT EXHIBIT "A" - The (COUNTY/CITY of a c der or other approved contracting aut ority)- here y note ies all bidders that it will. affirmatively insure that in any contract entered into pursuant to. this advertisement, minority business enterprises will be afforded full opportu nity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the RECIPIENT shall insert the clauses of Appendix A of. this assurance in every contract subject to the ACT and the REGULATIONS 4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land, .in any deed from the United States effecting a -transfer of real property, structures, or improvements thereon, or interest therein. 5. That..where the RECIPIENT receives Federal financial assist- ance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. • 6. That where the .RECIPIENT receives Federal financial assist- ance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space.on, over, or under such property. 7. That the RECIPIENT shall include the appropriate clauses set forth in.Appendix C of this assurance, as a covenant running with. the land,. in any future deeds, leases, permits, licenses, and similar agreements entered into by. the RECIPIENT with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal-aid Program; and (b) for the construction or use of or access to space on, over, or 'under real property acquired, or improved under the Federal-aid Program. 8. That this assurance obligates the -RECIPIENT for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in. the form of, personal .property, or real property -or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any .transferee for the longer of the fol- lowing periods:' " DH-OLA 255 (4-77) -in_ AGREEMENT EXHIBIT "A" (a) the period during which the property is used for a purpose for which. the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which .the RECIPIENT retains own- ership or possession of the property. 9. The RECIPIENT'shall provide -for such methods of administra- tion for the program as are found .by the U. S. Secretary of Transpor- tation, or the official to whom he delegates specific authority, to give reasonable guarantee that it, other recipients, subgrantees, con- tractors,. subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS and this.assurance. 10. The RECIPIENT agrees that the United States and the State of California have a r.ight to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants', loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the P.ECIPIENT by the California Department of Transpor- tation, acting for the U. S. Department of Transportation, and is- binding on 'it, other recipients, subgrantees, contractors, subcon- tractors, transferees, successors in interest and other participants in the Federal-aid Highway Program. r DH-OLA 255 (4-77) -11- ")0003 73 AGREEMENT •• , If EXHIBIT "A" APPENDIX A During.the performance of this contract, the contractor, for itself ' its assignees and successors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: (1) Compliance -with Regulations: The CONTRACTOR shall comply with the regulations. re ative to n�iscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21 , as they may be amended from time tc time, (here- inafter -referred-to as the REGULATIONS)', which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The . CONTRACTOR, with regard to the work performed y It during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including-procurements of materials and leases of equipment.. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,; including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS-. .(3) Solicitations for SubcontractsIncluding Procurements of Materials and Equipment: In all so icitations eit er by competitive bid-ding or negot at:ion made by the CONTRACTOR for %rork to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Re orts: The CONTRACTOR shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State highway department or the' Federal Highway Administration to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has- made to obtain the information. (5) Sanctions'; far Noncompliance: In the event of the CONTRACTORS's noncompliance with tie nondiscrimination provisions of this contract, DH-OLA 255 (4-77) -12- )00079 t - ACREEMENt EXHIBIT "A9f the State highway department shall impose such contract sanctions as it or .the Federal Highway Administration may determine to be appropriate, including, but -not limited to: (a) withholding of payments to the CONTRACTOR under the contract until the CONTRACTOR complies; and/or . .(b) cancellation, termination or suspension of the contract,.- in whole or in part. (6) Incorporation of Provisions: The CONTRACTOR shall include the provisions of. paragrap s through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by 'the REGULATIONS, or directives issued pursuant thereto. The . CONTRACTOR'shali take such action with respect to any subcontract or procurement as the State highway department or the Federal Highway Administration may direct as _a means of enforcing such provisions in- cluding ..sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved" in, or is threatened with, litiga- tion-with a subcontractor or supplier as a result of such direction, the .CONTRACTOR may request the State highway department to enter into such litigations to protect the interests of the State, and, in addition, the CONTRACTOR may request the United States to enter into. such litiga- tion to protect the interests of the United States. DH-OLA 255 4-77 4.1l0S AGREEMENT EXHIBIT "A" I APPENDIX B The following clauses. shall be included in. any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the RECIPIENT will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Adminis- tration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance withand in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4) , does hereby remise, release, quitclaim and convey unto the RECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described-Jn Exhibit "A" attached here- to and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real prop- erty or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits -and- shall be binding on the .RECIPIENT, its successors and assigns. The RECIPIENT, in consideration of the conveyance of said lands and interests -in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1 ) no person shall on the grounds of race, color, or national "``origin, be excluded from participation in, be denied!: the benefits of, or be otherwise subjected to discrimination "With regard to any facility- located wholly or in (arton, over, or under such lands hereby conveyed (, and)*. r� DH-OLA 255 (4-77) -14- �Ii0V�1 AGREE,IENT EXHIBIT "A" APPENDIX B (2) that the RECIPIENT shall use the lands and interests in lands. so conveyed, in compliance with all require- ments imposed by or pursuant to Title `49, Code of *Federal Regul.ations,. Department of Transportation, Subtitle A, Office of the Secretary, Part 21 , Non- discrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil . Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event -of breach of any of the above- mentioned .nondiscrimination Conditions, the Department - of Transportation shall have a right to re-enter said :lands and facilities on said land, and the above de- . ..,.., scribed land and. facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to. this deed.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title .VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) -15- rok-1-11 AGREEMENT EXHIBIT "A" ' APPENDIX C The following clauses shall be included in any and all deeds, licenses; leases., permits, or similar instruments entered into by the RECIPIENT, pursuant to the provisions of Assurance. 7(a). The .(grantee, ;licensee, - lessee, permittee, etc. , as appropriate) for himself-, his heirs, personal representatives, successors. in intere-st, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add. "as covenant running with the land") that in the event facilities are constructed, maintained, or othe mise operated on the said property described in this (deed, license, lease, permit, etc.') for a. purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee., lessee, permittee, etc.) , shall maintain and operate such facilities and services in ,compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 2-1 , Nondiscrimination in Federally- assisted programs of the Department of Transportation— Effectuation of Title '.VI of the ,Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the (license, lease, permit, etc. ) and to re-enter and repossess said land and the facilities thereon,. and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event Qf breach 'of any of the above nondiscrimination- covenants, the RECIPIENT shall have the right to re-enter said land and facilities thereon, 'and -the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT and- its assigns. The- following shall be included in all deeds, licenses, leases, permits, or similar ';agreements entered into by the RECIPIENT, pursuant to the .provisions of Assurance 7 (b). * Reverter clause and related language to be used only when it is -determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH-OLA 255 (4-77) -16- 700V,S.11 ' AGREEMENT . EXHIBIT "A" APPENDIX C The (grantee, licensee, lessee, permittee, etc., as appropriate) for .himself,,his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the -land") that: (1 ) no person on the ground of race, color, sex, or national origin shal-I be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be ex- cluded -from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, 'licensee, lessee, permittee, etc. ,) shall use the premises in compliance with the Regulations: (Include in licenses, leases, permits, etc.)* That in the event .of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the (license, lease, permit, etc..) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event-of breach of any of the above nondiscrimination 'covenants, the RECIPIENT shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT, and its assigns. * Reverter clause and related. language to be used only when it is determined that such a clause is necessary in -order to effectuate the purposes 'of Title bI of the Civil Rights Act of 1964. DH*OLA 255 (4-77) -17- \\ RESOLUTION NO. 6=82 A RESOLUTION OF THE CITY OF ATASCADERO APPROVING THE . EXECUTION OF THE LOCAL-STATE AGREEMENT FOR FEDERAL- AID PROJECT'S FOR THE CONSTRUCTION OF FERROCARRIL ROAD RAILROAD CROSSING "PROTECTION. WHEREAS , the Legislature of the •State of. California has enacte legislation .making Federal funds available for railroad crossd tection devices on local. roadways, and; g pro- WHEREAS., the local sagency is required to provide ten -cent of the estimated construction (10) per_ cost for these crossing pro- tection devices, and; WHEREAS, it is'. in the *best interests of the City of Atascadero to have automated in gates constructed at the Ferrocarril Road railroad crossing, and; NOW, THEREFORE, ''BE T°_RESOLVED that: - City agrees to execute- the Local Agency-State Agreement and Program: Supplement No. l.' 2 - City wi•l.l provide a local share of the construction cost the railroad crossing protection devicefor in the estimated amount of $7,825, 3: - State will � � provide_ Federal Funds in the estimated amount of $70'-,,.4 25 . 4 - . No. 9 automatic crossing gates will - be. installed at Ferrocarril crossing. by the Southern Pacific Transportation Company. The City Clerk shall' 'certify to the adoption of this Resolution and shall cause this Resolution and his certification to be entered in the Book of Resolutions of the Council-.of this City. .Adopted; February 9; 1982 ROBERT J. WILD. S, JR. , Ma ATTEST: UR Y -L city 7ARD , Cify Clerk AP OVED AS T . ORM: ALLEN GRIMES, City Attorney �� �, ITEM NUMBER: A - 8 ' DATE: 04/14/98 • _ � sn aye tt X3 * ® 57-9 \ moo/ City Manag en's Agenda Repot Wade G. McKinney Acceptance of Final Parcel Map (9060 San Rafael Road/AT 97-223 - Drexler) RECOMMENDATION: Staff recommends: 1. That Council lccept the Final Parcel Map for approved Tentative Parcel Map#97007. DISCUSSION: Tentative Parcel Map#97007 was approved by the Planning Commission at a Public Hearing held on February 17, 1998. Since then, all Conditions of Approval have been satisfied and the Map has been approved and signed by the City Engineer. The Final Parcel Map is therefore ready for recordation. FISCAL IMPAC': Final Map acceptancewould result in the creation of two (2)new parcels, one to contain the existing single family!residence and one which would be available for single family residential use in the future. The,fiscal effects of this would be negligible. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A--Approved Tentative Map CITY OF ATASCA.DERO r,+�■'inc - ce �yT� -• ATTACHMENT A COMMUNITY DEVELOPMENT ,APPROVED TENTATIVE MAP DEPARTMENT � x A N � ff�7CIArn LL lit -xj Nil a� � 4 10 Ix =heY S ------------- J ■Y v O 1 • 4p G • / ii g � FS a • M fit 4d u s CLgee lavlavx xvs . �s ! �.� Nil ITEM NUMBER: B - 1 DATE:_ 04/14/98 n 1918 * ® 1 79 9 City Mer s Agenda Report ana g g p Wade G. McKinney 1998 Community Development Block Grant Allocation RECOMMENDATION City Manager and Depa�tment Heads recommend that the City Council forward to the County Board of Supervisors allocation recommendations for the 1998 Community Development Block Grant (CDBG) funds as follows: Atascadero Youth Task Force - Mentor Alliance Project $10,000 Atascadero Youth Task Force—R.E.C. After School Rec. Program 13,200 Community Services Fo` ndation— Scholarship Fund 5,000 SLO Non-Profit Housing Corporation—Maint& Repairs Trans. Housing 10,000 Economic Opportunity Commission—Home Repair Program 20,460 Options—Rehabilitatio of House—Developmentally Disabled Adults 20,000 North County Women's,Shelter—Fencing 3,800 City of Atas. Community Services Dept—ADA Improvements 36,110 City of Atas. Communit' Services Dept—Paloma Park Access Bridge 22,300 City of Atas. Fire Department—Station One Life Hazard Reduction—Ph. II 67,000 Administration (20%) 47,357 Total.1998 CDBG Grant $255,227 DISCUSSION: Background: Preparation of the 1998 Consolidated Plan began in the fall of 1997. Workshops were held throughout the County to solicit public comment on housing and community development needs. The County published a request for CDBG and HOME Investment Partnerships Act (HOME) proposals. The City has received 20 applications for CDBG funds (no requests for HOME funds were received) totaling $790,727. The City has $255,227 in CDBG funds available ($237,227 from the 1998 allocation and $18,000 reallocated from the 1997 cycle). CDBG funds are available for community development activities which meet at least one of the three national objectives: ITEM NUMBER: B - 1 DATE: 04/14/98 1. A benefit to low and moderate income persons; 2. Aid in the prevention or elimination of blight; 3. Address urgent needs that pose a serious and immediate threat to the health or welfare of the community. In order for a program to qualify under the low and moderate income objective, at least 51% of the persons benefiting from the project or program must earn no more than 80% of the area median (current median is $43,800 x .80 = $35,040). Additionally, at least 70% of the CDBG funds must be spent toward this objective. The following criteria was also used to guide selection of CDBG projects: 1. The proposal is consistent with the national objectives and eligibility criteria of the HUD CDBG program; 2. The proposal is consistent with the Urban County Consolidated Plan; 3. The proposal is consistent with ongoing City goals. 4. The proposal is consistent with the General Plan and other City codes/ordinances. 5. The proposal will achieve multiple community development objectives; 6. The proposal can be implemented in a timely manner, without significant environmental, policy, procedural, legal, or fiscal obstacles to overcome; and 7. The project is not financially feasible without CDBG funding. 8. Projects that require ongoing funding will be discouraged If an application did not clearly show that an applicant was eligible for the program, the applicant was contacted and given until February 20, 1998 (the County filing deadline) to compile the data or arrive at a plan to compile data. The following is a summary of each application received: Achievement House, Inc. Not recommended for funding this Achievement House, Inc. is requesting $97,500 for the acquisition of a North County facility to provide job opportunities, training and employment for low and moderately low income persons, primarily for adults with disabilities. This project is not recommended for funding because of a lack of available CDBG funds. Atascadero Little League Not recommended for funding this vear Atascadero Little League is requesting $13,800 for improvements to the Little League facility at Paloma Creek Park. )00089 ITEM NUMBER: B - 1- DATE:-04/14/98 DATE: 04/14/98 Because of concerns that the County raised regarding eligibility, we contacted Atascadero Little League. Our discussion;with the Little League representative indicated that the project does not meet the established objective of benefiting low or moderate income persons. The project, therefore, is not eligible for funding. City of Atascadero—Community Services Department Recommended fundiny:', $36,110 The Community Services Department has submitted three separate grant applications for ADA improvements to city facilities, one for the Charles Paddock Zoo, one for the Rec. Center and one for the Administration Building. The total grant funding requested was $87,711. Because of the limited ;grant funds available, Community Services staff was asked to combine the project requests and prioritize individual improvements. Only improvements that are considered Immediate Priority have been proposed for funding. City of Atascadero—P*loma Park Access Bridge Project Recommended funding:', $22,300 The Community Services Department is requesting funding for the construction of a bridge across Paloma Creek to allow for wheelchair accessibility to the parking lot planned for this area. Currently this unimproved parking lot is used as overflow parking when the paved lot is full. Because of the creek, those using this lot must then exit onto Viejo Camino and proceed along this busy street to the improved park access. City of Atascadero—Recreation Access Project Not recommended for funding this mar The Community Services Department is requesting funding for establishing a recreation program suited to the special needs of persons with developmental disabilities. The majority of the funds would have been used to hire and train a therapeutic recreation coordinator. Funding is not recommended at this time, as staff is reluctant to fund programs that will be dependent upon annual grant allocations. ") 30090 ITEM NUMBER: B - 1 DATE: 04/14/98 City of Atascadero—Station One Life Hazard Reduction—Phase II Recommended funding: $67,000 The Atascadero Fire Department is requesting funds to implement Phase II of a Life Hazard Reduction Plan. Phase I was funded with $19,000 in 1997 CDBG grant monies and included construction of an emergency exit corridor and installation of fire sprinklers for the station. The Phase II project includes architectural plans and construction work to remove the living, training and working quarters from the engine bay and related hazardous materials. North County Connection—Relocation to Expanded Facility Not recommended for funding this yea The North County Connection, a recovery resource center for drug and alcohol addiction, is requesting $10,000 to fund a part time crisis intervention worker, and $5,000 to purchase computer hardware, software and resource materials. North County Connection is planning to relocate to a larger facility in the near future and hopes to expand their services. Because the County raised eligibility concerns, North County Connection was contacted. In discussions with City staff, the North County Connection representative indicated that due to the confidential nature of the programs offered, the income documentation is not available to determine if this project meets the national criteria of benefit to low or moderate income citizens. Because this documentation is necessary to be eligible for the program, funding is not recommended at this time. North County Women's Shelter—Fencing at Existing Facility Recommended funding: $3,800 The Women's Resource Center is requesting $3,800 for replacement of fencing at their facility. The Center has previously received CDBG funds for facility improvements, most recently $10,800 for heating and air conditioning in the 1997 grant year. Atascadero Youth Task Force—San Luis Obispo Mentor Alliance Project Recommended funding: $10,000 The Atascadero Youth Task Force is requesting $15,000 for start-up costs. The Mentor Alliance Project will work with at-risk youth to address issues such as alcohol/drug use, teen pregnancy, gangs, and violence. The Mentor Alliance philosophy is to eliminate as many risk factors as possible and to help build resiliency against those that cannot be changed. Because this program is limited to low income youth, the benefit criteria will be met. Atascadero Youth Task Force—R.E.0 After School Recreational Program ')00091 ITEM NUMBER: B - 1— DATE:-04/14/98 DATE: 04/14/98 Recommended funding: $13,200 The Atascadero Youth Task Force is requesting $14,430 to provide after school and summer recreation programs. Funds requested will go to pay for two part time employees who will be recruited through and trained by, the Private Industry Council. This program meets the low income criteria through the employment of low income individuals. Community Services Foundation—Youth Activity Scholarship Fund Recommended funding: $5,000 The Community Services Foundation has established a scholarship fund to assist families of low- income youth to participate in recreational and social activities. Because this program is limited to low income youth, the benefit criteria will be met. During the 7 '/2 month period ending January 1, 1998 the Community Services Foundation awarded $4,250 in scholarships. :As of January 1, the Foundation stopped accepting applications due to a lack of funds. After submitting the application, the applicant asked to increase the request to $5,000. This would allow the Foundation to provide scholarships for an entire year. Friends of the Library Children's Services Support Not recommended for funding this year The Friends of the Library have requested $17,876 to fund the purchase of reference materials for children. Because the County raised eligibility concerns, we contacted the Friends of the Library. The representative of the Friends of the Library felt that their application showed that the grant would meet the low/moderate income criteria. The County (and staff) feel that although the data does show the grant would benefit love/moderate income persons, the data does not show that 51% of the people benefiting are low/moderate income. In an attempt to help the Friends of the Library compile date, City staff researched the percentage of low/moderate income children in the Atascadero Unified School District in orderto provide qualifying data. This research failed to support the low income qualification requirements. City staff also tried other methods of meeting the 51% rule with available data, however we were not successful. At this time, this grant is not eligible for funding. Youth Network—Friday Variety Night Not recommended for funding this year The Youth Network is requesting $3,000 to provide funding for Friday Variety Night, a drop-in activity program, as well as various special programs throughout the year. Because the County raised eligibility concerns, we contacted a representative of Friday Variety Night. Discussions with representatives of this organization indicated that income data is not collected and that it would be difficult to collect. As''of the February 20, 1998 (the date final recommendations were due to the County), the Youth Net representative did not believe that they could qualify for this program, therefore funding is not recommended. Options—Rehabilitation of Housing for Developmentally Disabled Adults Recommended funding: $20,000 ITEM NUMBER: B - 1- DATE:-04/14/98 DATE: 04/14/98 Options is requesting $30,000 in CDBG funding for repairs to an existing facility. Needed repairs include replacing the septic system, repairing the driveway and replacing a retaining wall. Staff is recommending that funding be made available for replacing the septic system and replacing the retaining wall. The applicant has indicated that they can secure a loan for the remaining project through the State of California. Kelly Gearhart—Low Income Housing—9 Units Not recommended for funding this year Mr. Gearhart is requesting grant funding in the amount of$200,000 to purchase property and install public improvements for a 9 unit low-income residential development. CDBG regulations do not allow funds to be used by a private individual to purchase land, nor do they allow for a reimbursement of costs previously incurred. The County has ruled that this project is not eligible for funding, therefore funding is not recommended. Economic Opportunity Commission—Home Repair Program Recommended funding: $20,460 The EOC is requesting $20,460 to provide home repair services for low and very low income households in Atascadero. San Luis Obispo Non-Profit Housing Corporation - Maintenance & Repairs to Transitional Housing Recommended funding: $10,000 Funding is being requested for rehabilitation of an existing facility used as transitional housing for mentally disabled adults. Economic Vitality Commission Not recommended for funding this yea EVC is requesting $150,000 for the revolving loan program; $120,000 for direct lending and $30,000 for administrative fees. This program is not recommended for funding this year because of a lack of available funds. It is expected that $80,000 previously loaned will again become available to the revolving loan program in June of 1999. In addition to this,the City added$100,000 last year to the program. Staff is developing a new economic development strategy and we are anticipating that a revolving loan program such as this will not be a priority. Similar programs are available from other sources continuing the availability of loans to Atascadero businesses. FISCAL IMPACT: ')00093 ITEM NUMBER: B - 1 DATE: 04/14/98 The City has $255,227 in CDBG funds available for award. The 1998 allocation of $237,227 and $18,000 reallocated from the 1997 cycle. ALTERNATIVES: Council may choose to ,modify the grant recommendations made by Staff. However, awards must meet the requirements of providing a minimum of 70% of funding for benefit to low and moderate income persons, and no more than 15%to public service items. RESPONSIBLE DEPARTMENT: Finance Department ATTACHMENTS: Application Spreadsheet W01094 Z a a�• O a a a O � O a� a 00C> O o O O O O o O O O O O o O o O o O O o 0 0 0 0-4O O .-a ' ' ' O O O O ' O O O ' C 10 O O O O O M v1 O O O O Wn v1 00 O O N o0 00 O O O O o0 U O v1 00 � vi M O O M ON .-. In .--+ .--i .--i '-• O Lo 00 FSI N (n a ao 0 0 00 0 0 o a o 0 0 o 0 0 00 0 0 0 0 0 o 0 0 00 o a o , o o N �z M N .Mr N O O O O O O O O O O O O o 0 O o O O O ,u O O O O O O O O O O O o O O O O O o O O O O O o o 0 0 0 O U O O O O O M to O I- O O O O N o0 O O oo O o0 O O O O V O l- [� M l� N [� c+i O kn "It .00 V [I to M O O O O O MM ON r 00 N m - O - N kn a\ z C 609 W 3 08 a) o a� on ^ v o 9 v o o ci Wa CN to . En o o w q o ° o q v � uo xd obi�++ ° ►�� x v x a) W '+ > fl ? o of y ani 5 ° Z d a `� :� `� a p � a�'i •� O �., c�-, , c� � chi �°, p� 2w o d o a , W � o4a a00oo ° qq 00 P� i o o o C� v? watnUC)4 a'- 046 SU o: v) M O � U o � � U 4•� u V1 33 n �G 0 •0 c� U ani O o o E-Cd E- Q) o U i y a U U G44 >4U j y U p 1� 79 � ayi q a O A ai RS r+ Cd w O d ' O O U o 7 o 0 0 o 0 Z v� d +� o 0 0 0 ww dc� ITEM NUMBER: DATE: 04/14/9_8 n ■ of ■,m 1 a CA] oi/ City Manager's Agenda Report Wade G. McKinney Landmark Tree Designation (Intersection)of Arcade and El Corte Roads/Chalk Mountain Village) RECOMMENDATION: Staff recommends: That City Council find the subject Landmark Tree designation to be consistent with the Tree Ordinance and approve the subject Landmark Tree designation by adopting Resolution No. 1998-018. DISCUSSION: Background: Tentative Tract Map 21-89, commonly referred to as "Chalk Mountain Village", was approved in 1990 to create seventy-two (72) single family residential lots and one (1) large open space parcel on approximately twenty-one (21) acres. The site is located along the east side of El Corte Road adjacent to the Chalk Mountain Golf Course (Attachment A). As a condition of project approval, the applicant was required to widen both Arcade and El Corte Roads to twenty (20)feet. To satisfy this condition, a healthy thirty (30) inch Blue Oak tree near the intersection of El .Corte and Arcade Roads (Attachment B) needed to be removed which required Planning Commission approval. On April 7, 1997 the Planning Commission considered the removal of the subject tree and referred the matter back to staff to explore alternative road alignments to avoid removal. In the interim, the applicant appealed the Planning Commission's action to the City Council. On May 13, 1997,the City Council conducted a public hearing on the tree removal and upheld the applicant's appeal with a condition that the tree could not be removed until the Building Permit was issued for road improvements. (Attachment Q. A neighboring prope'rty owner has offered to grant an easement to allow road improvements to occur without removing the tree. That offer,however,was contingent upon securing the Landmark Tree designation as assurance the tree would be protected (Attachment D). • tet/ T� ATTACHMENT A �jjl-191711CIT` OF ATASCADERO LOCATION MAP -su'IIC -_- CAD COMMUNITY DEVELOPMENT � D - LANDMARK TREE DESIGNATIONI DEPARTMENT EL CORTE ROAD ?s trA S ITE . , ••� � �„ ?' �.��~. � $55S E1 Corte ' r- R F,Z . , � f ti • r, �� tj�_ It CT T r •� . ` 14AC,a� a �TA ROS ATTACHMENT B 41 :,. CITY OF Alt�SCADERO TREE LOCATION -,91.i " f iV7q�-r 9 ;joggC:,D .1 COMMUNITY DEVELOPMENT DEPARTMENT LANDMARK TREE DESIGNAT VolEL CORTE ROAD STA 6+5t) B£pN AAVEI�?iT MIDENING 4 Atm 6' AC DIKE �--� s .�AAo � �1� ff' d r /..• -`--� �—may oil lb at di 23 Al E E- 10 IV Lill, 7 ✓ ,� y / �, r EL CORTE ROAD so974.7,6 75 44 r t 4. � .�,6 Ni• o, � 97.'`27 ,. t y 97,282 ARCADE ROAD 1)100099 ATTACHMENTC . 3. TENTATIVE PARCEL MAP 96007,' 8745/8775 COROMAR ROAD - Consideration divide two lots of 1 .05 and 1 .15 acres into four parcels of 0.50, 0.50, 0.51 a 0.55 acres for single-family residential use (Jackson/Shores/Sholders Survey [Steve DeCamp] (Planning Commission/Staff recommendation: Approve) 4. RESOLUTION NO.' 34-97 Authorizing and approving the borrowin of funds (not to exceed $1 .2 Million) for fiscal year 1997-98; the issuance an sale of a 1997- 98 Tax and Revenue Anticipation Note (TRAN); and therefore articipation in the California Communities Cash Flow Financing Program [Rac Ile Rickard] (Staff recommendation: Adopt) 5. RATIFICATION OF APPOINTMENT OF TWO MEMBE -AT-LARGE TO THE ECONOMIC ROUND TABLE [Marcia Torgerson] (City Clerk recommendation: Ratify) 6. RESOLUTION NO.' 35-97 - Approving the struction of certain Police Department records, documents and papers [Bill W on] (Staff recommendation: Adopt) Mayor Johnson announced that Item A- is continued to the next meeting, Councilman Lerno will abstain from voting on Ite A-2, he noted that Item A-3is a final parcel map (not tentative as listed), and Coun ' man Clay pulled Item A-6 or clarification. Motion: BY Coun ' man Carden, seconded by Councilman Clay to approve Items -2, 3, 4 and 5. Motion passed by 5:0 roll-call vote, 4:0 on Item A-2, with Councilman Lerno abstaining. Councilman Clay as d what changes were being implemented. Acting Chief Watton indicated there ar ew changes; the actions authorized by proposed Res. No. 35-97 are intended to brin the APD's practices into compliance with Department of Justice guide- lines. tion: By Councilman Clay, seconded by Councilman Luna to adopt Res. No.-35-97. Motion passed by 5.0 roll-call vote. B. PUBLIC HEARINGS: 1'. APPEAL OF 4/1/97 PLANNING COMMISSION DECISION REGARDING TREE REMOVAL AT THE INTERSECTION OF EL CORTE AND ARCADE ROADS [Steve DeCamp] (Staff recommendation: Uphold appeal and approve tree removal request) Steve DeCamp provided staff report. He noted that the Planning Commission heard arguments for the removal of the tree and a staff recommendation for removal. However, the Commission believesi additional information is necessary and, therefore, referred the tree removal request back to staff to explore alternative road alignments which might save CC 5/13/97 Page 3 the tree. The questions before the Council are, first, whether to hear the appeal and then whether or not it should be removed. Roy Hanley cited AMC Sec. 9-1 .111 (b), which governs appeals from the Planning Commission. He indicated his opinion that, as written, any aggrieved party may appeal any decision of the Planning Commission to the City Council as long as they follow the rules of procedure stated. Steve DeCamp verified that the appeal was filed timely and according to the City's procedures. Councilman Luna expressed concern about permit streamlining, due to the imposition to the developer from the Commission's returning this item back to staff. Roy Hanley indicated there is a separate Planning Commission Rule which indicates that a Planning Commission inaction on permit streamlining matters automatically sends an appeal to the City Council. The affects of this are, 1) timely review by the City Council, and 2) neither the project opponent nor applicant are required to pay the appeal fee. The consensus of the City Council was to hear the appeal. Public Comment John Falkenstien, Cannon Associates, representing applicant Ray Bunnell, clarified the reasons for the appeal. Ray Bunnell, the applicant, noted that he looked at the tree and reviewed the options. He spoke with the corner property owner, who had expressed he was unaware that the sub- ject section of his property was in City right-of-way and that the tree might come out to accommodate road widening. William Zimmerman, Planning Commission, expressed the feeling that it is inappropriate that this hearing is being held. He feels the Planning Commission did not make a decision but requested additional information, thus the item is still pending at the Commission level. He said his concern is whether the road will be able to be built even if the tree is removed, given cost factors and the impact to the homes along the west side of the road. Eric Greening, 7365 Valle, suggested the construction to the east side be considered as a preferred option if the landowner is amenable and the cost of right of way is less than the cost of construction work on the west. He shared Commissioner Zimmerman's concerns about this item coming forward from the Commission, feeling it might lend to hasty decisions when it is appropriate for the Commission to request additional information on matters pending. Ray Bunnell spoke again, saying the appeal meant no disrespect toward any members of the Commission, though he was concerned it might be received that way. The appeal was filed only because they had submitted all the information they felt they had to, short of buying right of way. John Neil commented on the road improvement requirements at the subject location, their affect on the tree in question and responded to questions from Council. Additional Council discussion ensued. CC 5/13/97 Page 4 Motion: By Councilman Carden, seconded by Councilman Lerno to uphold the appeal and approve the tree removal request. Motion passed by 4:1 roll-cal/ vote, with Councilman Luna opposed. 2. \pposal ANGE 97001/ZONE CHANGE 96010/TENTATIVE TRACT MAP 96010, RENDA`AVE. tion of a zone change application to modify the text of the Zoning with respect to building setback requirements in the PD7 Overlay Zone posal to 'establish a Master Plan of Development for a particular site and hat 0.68-acre site into six (6) lots for residential development consistent ter Plan (Norton/Cannon Associates) [Steve DeCamp] dinan No. 325 - Amending Section 9=3.151 of the Zoning Ordinance relative to uilding setback requirements (ZC 97001) (Planning C mission/Staff recommendation: Motion to waive reading in full and intro ce on first reading by title only) B. Ordinance No. 3 6 - Amending Map 6 of the official zoning maps by rezoning certain re properties at 5392 Barrenda Ave. From RMF/16 to RMF/16 (PD7) (ZC 010) (Planning Commission taff recommendation: Motion to 'waive reading in full and introduce on first re ding by title only) C. Tentative Tract Map 96010 (Planning Commission/Staff r ommendatron: Approve based on Findings and Revised Conditions of App val) Mayor Johnson stepped down from participating n this item, saying the applicant'is a business client of his. Steve DeCamp provided sta f report. Public Comment John Falkenstien, Cannon Associates, representing applic t Paul Norton, offered to respond to questions. There-were no questions from the C ncil and no additional public comment. Motion: By Councilman Clay, seconded by Councilm Lerno to read Ord. 325 by title only and approve it on first readin . Motion passed by 4:0 roll-call vote, with Mayor Johnson absent. Motion: By Councilman Lerno, seconded by Councilman Cla to read Ord. 326 by title only and approve it on first reading. Mo ' n passed by 4:01 roll-call vote, with Mayor Johnson absent. Motion: By Councilman Lemo, seconded by Councilman Clay to ap ove ' Tentative Tract Map 96010, based on the Findings containe in the Planning Commission staff report dated 4/15/97 and the attac ed Revised Conditions of Approval. Motion passed by 4:0 roll-call ote, with Mayor Johnson absent. CC 5/13/97 Page 5 100102 �►/ � CITY OF ATASCADERO ATTAC•HMENT. .D c=1osa.4Ile Ig 1074 7, EASEMENT DESCRIPTION - CAD D: -COrY1 1fUNITY DEVELOPMENT DEPARTMENT LANDMARK TREE DES I GNAT I O� EL CORTE ROAD EXHIBIT "A° AN EASEMENT FOR ROAD PURPOSES OVER A PORTION OF LOT 1A IN BLOCK 5 OF THE RESUBDIVISION OF LOTS 1., 2 AND 3, BLOCK 5, EAGLET NO. I IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 6,. 1.920 IN BOOK 2, PAGE 56 OF MAPS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSi BEGINNING AT A POINT AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1A, SAID pOINT BEING AT AN ANGLE POINT ON THE NORTHERLY RIGHT OF WAY OF EL CORTE ROAD AND, THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 6$043'00" WEST ALONG SAID RIGHT OF WAY, 129.$0 FEET TO AN ANGLE POINT IN THE NORTHERLY RIGHT OF WAY OF RL CORTE ROAD/ARCADE AVENUE; THENCE SOUTH 77048' 25" EAST, 75.95 FEET TO A POINT; Tmcs SOUTH 56x21' 54" FAST, 56.10 FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. "(110 10 ATTACHMENT D (CONT 'D) EASEMENT DESCRIPTION � .,., : ,, . .,,� CITY OF ATASCADERO CAD COMMUNITY DEVELOPMENT LANDMARK TREE DESIGNATION DEPARTMENT EL CORTE ROAD EA GLEE 'Na. 1 BLOCK 5, LOT m APh1 Q30-•f!! Gil Apw 030-541-00/ •.t8�5•� 75'45 55g• 5- 71 ?i¢y.e Ia. mu_ POINT OF ! 6551NN1M6 N(9.43GYJ•W 12480' EL GOR TE ROAC? LBRECHT -�'- S URGE YS P05F 0:RrE BOX 294 5AN WX ON-W GA 43908 (805)7614N6 5G1LG'r r•10' DK8 SSR/997. U1/4E4I.DhFS. -A29 A10=7-14 ATTACHMENT E RESOLUTION NO. 1998-018 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING THE DESIGNATION OF A LANDMARK TREE LOCATED IN THE EL CORTE ROAD RIGHT-OF-WAY AT ITS JUNCTION WITH ARCADE ROAD WHEREAS, Tentative Tract Map 21-89 was conditionally approved by the City Council on October 30, 1990 to create seventy-two (72) single family residential lots and one (1) large open space parcel on approximately twenty-one (21) acres; and WHEREAS, condition#11c of Tentative Tract Map 21-89 requires that both El Corte and Arcade Roads be widened to twenty(20)feet which would require the removal of a thirty (30) inch native Blue Oak tree located as shown in Exhibit A if constructed in the existing right- of-way; and WHEREAS, the owner of property located at 8991 Arcade has agreed to.grant an easement to allow said road improvements to occur without tree contingent upon this Landmark Tree designation. NOW, THEREFORE, the Council of the City of Atascadero finds as follows: 1. The designation of the subject tree as a Landmark Tree is consistent with the Tree Ordinance. . 2. The subject tree is hereby designated as a Landmark Tree because of its age, size, health and location. 3. As of the date of this signed Resolution, the subject Landmark Tree may not be removed without prior authorization from the City Council. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: . `)O�S►.J5 Resolution No. 1998}018 Page 2 CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORG RSON, City Clerk . APPROVED AS TO FORM: ROY A. HANLEY, City Attorney ITEM NUMBER: C -2 DATE: 04/14/98 all Mr Isis a Ie e City Manager's Agenda Report Wade G. McKinney Economic Investment Strategy RECOMMENDAITION: Staff recommends: Council adopt the Economic Investment Strategy. DISCUSSION: Background: On March 24, the City Council received a report on the use of economic "incentives" and itetns for consideration in developing an appropriate policy. The Policy (attached as item"A") is based on comments by the City Council related to the presentation. Summary: The proposed policy was created utilizing the Economic Development Element of the General Plan and studies prepared on a countywide basis for the types of industries that would be compatible with the area and create new job opportunities. Analysis: In 1994/951, the County commissioned a business retention, expansion and attraction study for the entire area. The study included a business climate analysis, target industry analysis and occupational assessment. The targeted industries presented the best potential for job creation opportunities. In addition, the City's Economic Development Element also identified general targets for the city to pursue that would provide the community a "base of moderate and high salary career-oriented jobs". This information was utilized in drafting the eligibility criteria for the investment strategy. Revitalization of the jdowntown area is a high priority. for the City Council, as indicated in the strategic planning report, and therefore, was also included in the eligibility criteria for the strategy. The strategy was developed to achieve the following goals: • Not impact existing revenue sources. • Target the investment in industries that are compatible with the community. • Create moderate level and"career"job opportunities for local residents. • Is based on performance by the company and limits risk to the City. ITEM NUMBER: C -2 DATE: 04/14/98 In addition, the policy recommended is designed to provide staff the opportunity to7 quickly respond to a prospective company, while maintaining assurances that the Council will have the final approval of any investment package being proposed. The investment would be done by agreement and requires staff to develop a comprehensive package of assistance that would include programs, services and financial opportunities available from federal, state and local sources. The City of Paso Robles "City Assistance Policy" does not target specific industries or job creation opting to assist projects that would be of"substantial benefit" as determined by staff and only provides assistance to projects that are not economically feasible without the City's financial participation. The proposed Atascadero policy differs from Paso Robles in that it focuses assistance on projects creating certain job opportunities and industrial investments and creates a"partnership" by establishing a performance based assistance program. An example of how the investment strategy may apply for a project is attached as Exhibit B. FISCAL IMPACT: No fiscal impact ALTERNATIVES: 1. The Council can modify the proposed strategy as presented by staff to incorporate - additional qualification criteria or other elements. 2. The Council could not adopt the policy and request that staff brings projects on a case by case basis directly to the Council for consideration of assistance. This alternative would be time consuming and would likely jeopardize the necessity to provide timely information to a prospective company. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: A. Economic Investment Strategy B. Investment Proposal Example ECONOMIC I91a 1979 INVESTMENT STRATEGY INVESTING IN JOBS FOR THE COMMUNITY PURPOSE The purpose of this strategy is to establish policies and guidelines for direct City assistance to qualified private sector projects that result in new jobs and revenue in the community. The Economic Investment Strategy is one component of a multifaceted economic development strategy and will be combined with other federal,state and local assistance programs. BACKGROUND ATASCADERO GENERAL PLAN . "Atascadero should act to promote the economic health and vitality of its businesses to insure the creation of jobs, the protection of entrepreneurial efforts, and to generate adequate tag revenue for public services.."' The Economic'Development Element of the General Plan calls for the City to "support the development of industrial areas that lead to the recruitment or development of high technology, emerging technology and professional service businesses that will provide the community's base of moderate and high salary career oriented jobs". Additionally the Plan calls for the promotion of the downtown core area as the historic commercial center of the community. This Economic Investment Strategy is designed to create a public-private partnership in achieving the economic goals of the community. FRAMEWORK FOR CREATION OF STRATEGY The City creates this strategy under the authority granted under state law and local policy to provide assistance to projects meeting the eligibility criteria and performance standards, including authority granted by the State to "redevelopment agencies". In applying this strategy, the City will utilize information contained in the `Business Retention, Expansion &Attraction Study" for San Luis Obispo County (December 1994), the "Assessment of Business Potential Study for the City of Atascadero (October 1994), the City's Economic Development Element of the General Plan (October 1994) and current trends and information related to the employment base,labor market and targeted industries. 1 Overall Goal,Atascadero General Plan,Economic Development Element,1994. PROJECT CHARACTERISTICS & CRITERIA It shall be the Policy to consider financial participation in private development projects when the following characteristics exist. 1) The project provides new revenue to the City. New revenues may include,but not be limited to, sales & use taxes and property taxes or other sources of revenue directly attributable to the project. Development fees or other fees paying for infrastructure capacity or maintenance may not be used to project revenue. 2) The project results in the creation of"Career" or "Entry" level positions. Career jobs are full-time employment opportunities that require a combination of prior work experience and education and include fringe benefits. Entry level jobs would be full-time employment with a starting wage of one hundred fifty percent (150%) of the federal minimum wage. 3) The project should result in the diversification of the existing business and employment base in the community, including, but not limited to, Information processing and computer services, environmental technology, telecommunications, software development an applications, and.tourism services, as generally described in the "Target Industry Clusters in San Luis Obispo County", attached as exhibit 4) Assistance may be provided to new investment or expansion of local companies in the downtown master plan area,provided that sufficient revenue is generated by the expansion or location to warrant such investment. Investment projects in the downtown master plan area would not be required to meet the job creation criteria as listed in item 2 above. 5) Any investment by the City will be tied to direct performance by the company. If the project does not create the anticipated revenue or job opportunities, the assistance provided by the City would be reduced or eliminated. 6) No offer of assistance will exceed 50%of the City's anticipated new revenue over a period of 5 years,unless specifically authorized by the City Council. 7) Assistance would only be provided to companies that have an acceptable operating history and are fiscally sound. Fiscal stability shall be documented utilizing credit, financial,vendor,and public information,or any combination thereof. 8) Assistance will be provided by agreement between the City and company investing in the community. Third party agreements may be applicable where the agreement can ensure that the provisions of this policy can be performed by the third party. 2 PROCEDURE The following ,procedure will be followed in developing and implementing the investment strategy. 1) Staff shall prepare a preliminary economic pro-forma analysis that will include the estimated revenue associate with the project,including,but not limited to,property, sales, transient occupancy and other "taxes", business license and other fees associated with the project. 2) Staff shall prepare a preliminary proposal for a private development that would indicate the project meets the eligibility criteria and present the types of assistance available for.the specific project. Assistance can include, but is not limited to, infrastructure design and construction,tax rebates, fee deferrals,credits and waivers, and other forms of assistance allowed by State statute. Staff will investigate the use of state and federal financial assistance programs available to the City that can be used on behalf of the project. 3) A draft agreement will be prepared and presented to the City Council/Agency Board of Directors for consideration. The Council/Board will have to take action to approve and or modify the investment proposed in the agreement. Adopted by the City Council on ,1998. 3 ' 00111 POSSIBLE TARGET INDUSTRY CLUSTERS IN SAN LUIS OBISPO COUNTY I►G SERVIC BIQTECHNOI WY r IZuIV1ItONMENTAL.TECHNOLOGYs TOURISM&'LODGING.....i . __.. d:FOOD P.1tOCESSIlYG ,..._.. 2899 Chemical Preparation 4720 Passenger Transport Arrangement 0711 Soil Preparation Services 2899 Treatment Chemicals 4724 Travel Agencies 0721 Crop Protection 3559 Incinerator Equipment 7010 Services Hotels 0722 Crop Harvesting 3821 Laboratory Apparatus&Purnitu a 7010 Holds and Motels 0721 Crop Preparation Services 3822 Asbestos Abatement 7941 Sports Clubs,Mgmnt&Promotion 2021 Creamery Butter 3822 Energy Recovery 7992 Public Golf Courses 2022 Cheese,natural&processed 3822 Environmental Controls 7996 Amusement Parks 2035 Pickles,Sauces,&Salad Dressings 3822 Hazardous Waste Clem-Up 7999 Amusement and Recreation 2084 Wines,Brandy,&Brandy Spirits 3829 Analytical Testing Devices 8410 Museums and Art Galleries ' 2092 Fresh or Frozen Prepared Fish 4111 Interurban Transit Systems 8420 Botanical and Zoological Gardens 2833 Biologicals 4953 Refuse Systems 2836 Plant Genetics 8711 Sewage System 2836 Biological Substance 8711 Water/Wase Water Systems BLISIlVESS SERVICES......: : 8734 Testing Labs 7330 Stenographic Services 7359 Equip. Ren TELECOMMUNICATIONS& 7360 PersonnelStd Svcs-Meuq/Regicad PRINITrIGr PUBLLSHIIVG >IIIGH:7ECfi.ENTERT/iINMFNT 7381 DetectiveJPratective Svcs-Metro/Reg &;ALLIED.PI2ODUGTS3650 Remote Education 7510 Automotive Rentals,without drivers 2678 Stationery Products 3650 Remote Medical Diagnosis 8330 Jab Training and Related Services 2721 Periodicals:Publishing&Printing 3650 Video Conference Equipment 8610 Business Associations 2731 Book Publishing 3650 Interactive Video 8620 Professional Organizations 2741 Custom Publishing 3650 T.V.&Video 8743 Public Relations Services-Regional 2752 Commercial Printing,Lithographic 3651 Receiving Equipment 8744 Facilities Support Services 3663 Broadcast Equipment 3670 Wireless Communication ' TERTILE MILL AND 4800 WHS System Integration PROFESSIONAI SERVICES ^� APPAREL PRODi1GCS .... ... 4810 Cellular Pham 7310 Advertising-Metro/Regianal Area i2 Hosiery 4810 Fiber-Optics 8110 Legal Services 2329 Meas&Boys Clothing 8720 Acentg/AudiL/Bkkpng-Metro/Regional 2331 Women's&Misses Clothing 8731 Commercial Physical Research 2341 Women s&Children's UnderwearSALES 8732 Commercial Nonphysical Research 2342 Bras,Girdles,&Allied Garments 5311 Outlet Market Dept Stores 8732 Survey Research Operations 2350 Millinery&Hau 5961 Catalog&Mail-Order Houses 8733 Noncommercial Research Organizations 2361 Girls&Children's Dresses,Blouses 5963 Direct Selling Esablichmeou 8742 Mgmat Consulting Svcs-Metro/Reg 2369 Child Coat 7331 Direct Mail Advertising Services 8748 Business Consulting-Meuo/Regional 2369 Girls'&Childma's Outerwear 7822 Motion Picture&Tape Distribution 2371 Fur Goods 7829 Motion Picture Distribution Services 2381 Fabric Ilius&Work Gloves DEVELOPMENT SERVICES'> 2384 Robes&Dressing Gowns 1520 Genual Building Contractors 2385 WaterprnofOutawearSOFTR'AREDIiVELaPMENIT 1540 General Building Cma tractots Nom 2386 Leather&Sheep Lined Clothing ding &APPLICATIONS 7340 Set to Buildings s 2387 Apparel Belts 7371 Computer Programming Services 6500 Finance&Real Estate 2389 Apparel&Ace series 7372 Prepackaged software 8711 Engineering Services-Metro/Regieaal 2391 Curtains&Draperies 7372 Video Games 8712 Architccn al Services-Metro/Regional 2392 House Furnishings 7372 Geographic Information Systems 8713 Surveying Services-Meuv/Regicnal 2395 Pleating and Stitching 7372 Information Infrastructure 7372 Computer&Software Development 7372 Virtual Reality FINANC[AI:&1TISURATVCE SERVICES INFO PROCESSING di:COMPUTER SVCS 7373 Integrated Comp oneat Design Services 6000 Depositary Institutions 7326 Credit Reporting 7375 Network Architecture 6090 Credit Card Transaction Centers 7322 Adjustment&Collection Services 7375 Systems Integration 6100 Fmancial Non-Depository Banks 7374 Data Proo ssing/Prep.-Merro/Reg 6210 Security Brokers and Dealers 7374 Transaction Processing Centers 6280 Security&Commodity Services 737S Information Retrieval Services HEAI TIi CARE> 6221 Commodity Contracts-BroktaWDealea 7376 Computa Facilities Management 8010 Medical Clinics 6300 Insurance Carriers 7377 Computer Rental&Leming 8060 Hospitals 6300 Insraoce Company Claims Cental �~P8 Computer Maintenance&Repair 8080 Home Health Care 6400 Insurance Agu*S&s/Svcs-Metro/Reg /9 Computer Related Services 8090 Health Services 6700 Financial Investment Offices Source: Economic Strategies Group,July 1994. Nae: "Superior"and"Excellent"Industry Targets are bolded City of Atascadero Economic Investment Proposal XYZ Manufacturing Company Company plans to construct a 900,000 square foot manufacturing facAiity. Company will manufacture video conferencing equipment&fixtures Initial employment 60, average earnings per employee$36,803 Investment By Company Construction 6,250,000 Real Estate 750,000 Equipment 3,000,000 Infrastructure- 500,000 Total Investment 10,500,000 City Fees Conditional Use Permit 550 Building Permit Fee61,751 Development Fee 210,400. Total City Fees 272,701 . Revenues to City/Agency New Tax Revenue City 581 Tax Revenue "Agency" 1 60,858 Total Direct revenue 61,439 Total New Revenue Five (5) Years 307,195 Amount Attributable 'to Investment 153,598 Proposed Assistance Package CUP "waiver" 550 Building Permit Fee Reduction (256) 15,438 Development Fee deferral 2 168,320 Rebate of Personal Property Tax3 45,643 REDIP Infrastructure Loan4 81,256 Total "Cost" to City 142,886 1. City tax revenue esti#iated at 19c. Agency tax revenue estimated at 604 of gross tax increment. Personal property portion of tax revenue is estimated at 30$. 2. 204 doom, 25$ of remaining balance over a 4 year period. City will receive 100$ of Fee 3. 50* rebate of actual personal property tax received by city for 5 years. 4. 15 year loan, City pays 48'months of interest, company pays reminder. ')00113 ITEM NUMBER: C - 3 DATE: 04/14/98 Mill INn 19181 8 fl City Manager's g p's A enda Re ort ana Wade G. McKinney Report on Status of Downtown Master Plan RECOMMENDATION: 1. City Council receive and file staff report on the downtown master plan and direct staff to initiate the General Plan amendment process to review and update the Downtown Master Plan. 2. Direct staff to work with downtown stakeholders, including the Business Improvement Association and Chamber of Commerce, in developing proposed amendments to the Master Plan. DISCUSSION: Background: On February 17 and 18, the City Council conducted a strategic planning workshop and developed prior',ties for special, emphasis. Among the items for special emphasis was downtown revitalization. The Council requested that staff report back with a history of downtown, what was done and not done, and present options for the Council to consider in developing a revitalization strategy. Analysis: The Downtown Master Plan was adopted in December of 1990. The Plan analyzed and formed policies and recommended implementation measures for circulation, parking, land use and downtown design guidelines. The Plan outlined 24 "goals" (attached as "A") for the downtown area and adopted 30 "implementation measures"in four(4) phases spanning a 10-year period. Based on the adoption date of the plan, we would currently be in year 8 or phase 3 of the plan. Phase 1 were items to be completed in Year 1 of the plan, phase 2 years 2-4, phase 3 years 3-7 and phase 4 spanned years 8-10. The following chart shows the implementation item, phase and status of the implementation item. "M011-1 ITEM NUMBER: C - 3 DATE: 04/14/98 IMPLEMENTATION ITEM PHASE STATUS Amend General Plan to incorporate master 1 Council adopted Resolution 127-90 Plan Amend Zoning Ordinance 2 Completed. Create Tourist,Pedestrian Overlay Districts 2 Completed Downtown Sign Regulations 2 Completed Appoint Downtown Task Force 2 Not completed Hire Downtown Coordinator 2 Not completed. Highway 101/Route 41 Ramp Improvements 3 This is being implemented by CalTrans as part of the Highway 41 realignment. Highway 101/Traffic Way Ramp 3 There is currently no plan for improvements to this Improvements intersection. Highway 41 Relocation 3 Being implement by Cal Trans Freeway Signage Change 3 Attempts have been made to have "downtown" signs installed on 101, however efforts have not been successful. El Camino Real Median Study 1 The El Camino Real Conceptual Design Plan was completed in March of 1994. Lewis Avenue Bridge 4 The Bridge was adopted as part of the Circulation Element of the General Plan in 1993. Install Stop Signs at Traffic Way and Lewis 1 Not completed. and Lewis and Capistrano. Pedestrian Crosswalk Improvements 2,3 Some improvements made along East& West Mall. Atascadero Creek Pedestrian Crossing 2 A design plan proposed in the master plan was not completed. Entrada Avenue Diagonal Parking 1 This was studies and determined that it did not provide for many additional spaces. Traffic Way Parking Lot 1 A parking lot was installed on Traffic Mid-Block Parking Lot 2 Property has been acquired behind the Carlton for parking. Lewis Avenue Parking Lot 4 Not planned. Parking District 2 Not implemented Periodic Parking Survey 2,3,4 Parking utilization is appraised in an informal basis. Parking Management Plan 3 Voluntary parking management takes place from time to time,but no formal plan is in place. Business retention&recruitment Program 3 Economic development element adopted in 1995 outlining a citywide recruitment and retention program. Community Center 3 A formal community center facility has not been designated El Camino Real Beautification 2 Beautification study was part of the 1994 conceptual design plan. Street Lighting Program 2,3,4 Initiated,but abandoned due to costs. Sunken Garden Improvements 3 Christmas decorations and some public improvements have been made. More progress is expected in conjunction with community groups. Atascadero Creek Park Improvements 2,3,4 A creekside open space plan is part of the General Plan. Fagade Improvements 3 Not implemented Downtown Logo Design 2 Not implemented. Italics represent items that are partially or have not been completed. " 0011 ITEM NUMBER: C - 3 DATE: 04/14/98 In addition to the Master Plan implementation items, a number of other initiatives have taken place including: • Street trees, in cooperation with the Business Improvement Association, have been planted and maintained in the downtown area. • The City prepareda streetscape design for a prototype intersection including street furniture, distinctive street paving, sidewalk design, improved intersection geometry and street signs. • Drainage improvements have been completed which benefit the downtown area by greatly reducing historic flooding problems. • Special emphasis has been given to the redevelopment of the Carlton Hotel, although, the project has never been completed. The Master Plan provides the foundation for a systematic approach for the revitalization of downtown. However, more recent planning techniques related to downtown development and revitalization conflict'with the master plan concepts, primarily related to parking, land uses and circulation. Current trends in downtown revitalization include more "mixed" uses that generate day and evening customers for downtown retailers. These would include senior housing, high-end multi- family dwelling units, and high employment office operations. These mixed uses are either placed on top of the retail uses or surround the retail core of downtown. Post offices, banks and government operations and other facilities that attract people to the downtown core have become important elements in revitalization strategies. Under new planning concepts, parking is moved away from the core of downtown to outlying areas, with a pedestrian friendly environment for shoppers to enjoy as they enter downtown. Additionally, the City may wish to full investigate the potential benefits a Main Street designation offers the downtown area, as well as programs offered by the League of California Cities in developing "'livable" communities. The current uses of downtown are mixed between retail and service, with professional services, such as medical, insurance and real estate dominating the tenancy of downtown buildings. Retail uses are not predominate nor mixed in enough quantity and quality to draw shoppers. Conclusion: The City's current Downtown Master Plan provides a salient framework for the revitalization of the downtown area. However, given current planning trends, the current occupancy mixes, and the incomplete status of several implementation measures of the Master Plan, provides the City a unique opportunity to revisit the Master Plan and make amendments that would lead to a focused revitalization effort. This would also provide the City the opportunity to utilize the proposed Economic Investment Strategy and tools available to the redevelopment agency to provide assistance and incentives for downtown development. � r)0 �� ITEM NUMBER: C - 3 DATE: 04/14/98 FISCAL IMPACT: • Increased investment in the downtown area could result in additional revenues to the City. ALTERNATIVES: The Council may leave the current Master Plan in place and attempt to continue o the current implementation program, which would include development of a business attraction strategy and other implementation measures. Should the Council choose this alternative, it is recommended that the Council review the implementation measures and reprioritize them. The Council may also remove the Master Plan and related elements from the General Plan and "start over" with a new plan. This alternative is not recommended as the current plan, albeit dated,provides a salient framework from which the City can work. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: A. Goals of the Downtown Master Plan ')00117 ATTACHMENT "A" DOWNTOWN MASTER PLAN GOALS GENERAL 1 . To enhance downtown' s role as a retail and business center for the City. 2. To reinforce downtown' s role as a community focal point: 3. To enhance the image of downtown Atascadero as a source of community pride. CIRCULATION 1 . To provide an adequate vehicular circulation system to serve downtown commercial uses. 2 . To improve internal downtown vehicular circulation. 3. To avoid excessive downtown traffic congestion. 4 . To improve downtown ingress and egress conditions from Highway 101 . 5. To remove non-supportive through traffic from downtown commercial areas. 6. To enhance the existing pedestrian circulation environment. PARKING 1 . To provide adequate parking to support a vital retail base. 2 . To encourage more efficient usage of existing parking resources 3. To tailor parking standards to downtown needs and conditions. 4 . To provide flexibility in dealing with future downtown parking needs. LAND USE 1 . To enhance downtown' s economic vitality by encouraging a mix of uses which are mutually supportive. 2. To enhance downtown as a major sales tax generator. 3. To encourage more full service restaurants and nighttime entertainment uses downtown. 4 . To broaden the mix of uses to include tourist serving specialty retail. 5. To encourage a greater intensity of development at appropriate locations. 6. To insure that any future changes in uses on the school district and state armory properties are supportive of downtown revitalization. 7. To encourage the relocation of uses which are not supportive of downtown revitalization. URBAN DESIGN 1 . To improve the visual quality of downtown Atascadero. 2. To improve the image of E1 Camino Real and reduce its impact as a pedestrian barrier. 3. To retain the historic character of downtown while allowing for reasonable design flexibility. 4 . To establish -a sense of continuity and visual image which distinguishes the downtown from other commercial develop- ment along El Camino Real. -2- ITEM NUMBER: C-4 DATE: 04/14/98 1119 is ® is City Manager's Agenda Report Wade G. McKinney Alamo Avenue Sewer Assessment District RECOMMENDATION: Staff recommends that Council establish June 8, 1998 at the time of 7:00 p.m. or later, as the date and time at which a.puNblic hearing will be held to allow the formation of a sewer assessment district to repay the Ciy for costs incurred in having a sewer installed along a portion of Alamo Avenue. The amount of assessment shall be $5,781.86 to be paid over 15 years at an interest rate established by Council's,; All fees shall be paid at the time of connection. DISCUSSION: Background: On July 0, 1996, the City Council approved Tract 2225. The conditions of approval included provisions for the design and construction of sewer structures that extended beyond the limits necessary to serge the subdivision. On November 26, 1996 City Council approved the reimbursement of$34;691.13 to the developer of Tract 2225 for costs incurred for the design and construction of the aforementioned sewer improvements. This debt was paid with funds from*the Sewer Facilities Account. As a result of the installation of this sewer, six developed properties were provided with access to the municipal sewer. Reimbursement of the Sewer Facilities Account by each benefiting property, for a proportional share of the cost of constructing this sewer, is appropriate and required by Section 7-5.003 of the City Municipal code. On March 18, 1998 at, 7:00 p.m., a neighborhood meeting was.held in the City Administration Building. At that meeing, all six of the benefiting property owners were appraised of the cost of sewer, of the City's desire to be reimbursed for costs incurred in providing the sewer, and of their rights under Proposition 218. At the March 18th meeting, the affected property owners unanimously agreed that they would be willing to vote for the:,formation of an assessment district to reimburse the Sewer Facilities Account if the City would waive all fees associated with their connection to the municipal sewer. These fees include a$1210 extension fee, a$573 connection fee, a$5 processing fee, and a $37.11 septic tank ab sndonment/inspection fee. The $1210 extension fee applies to all properties outside of the boundaries of Assessment District No. 1. This fee was set to assure expansion of the sewer system and wastewater treatment plant. The $573 connection fee is the fee assessed to ')1;€3120 ITEM NUMBER: C -4 DATE: 04/14/98 assure upgrade of the sewer system. The affected property owners are willing to pay for the cost of construction because they believe that their properties will benefit from this sewer. However, because they were not informed prior to its installation that they would responsible for the cost of construction and did not have an opportunity to plan on how they might best cope with this financial burden, they believe that the City should help minimize their out-of-pocket costs by waiving these fees. Under Proposition 218, to establish an assessment district the property owners must be given 45 days notice of a Public Hearing. Specific information about the assessment district must be included in the notice, including a ballot that specifies the total and individual assessment amount. The ballots may be mailed-in or returned in person prior to the conclusion of the public hearing. The ballots will then be tabulated and if majority protest exists, the assessment district cannot be formed. If a majority of the property owners do not vote in favor of forming this district, Council could amend the assessment amount and try again or the formation of an assessment district could be abandoned all together. If an assessment district is not formed, these properties could be allowed to connect to this sewer only after all costs (construction costs and fees) are paid in full. Another option would be for Council to discount a portion or all of the construction cost and allow connection after all fees are paid. Although Proposition 218 does not apply to existing user or service fees it does apply to any new tax or assessment. In this regard, a conflict with Proposition 218 may occur if the assessment district does not receive a majority vote in favor of formation and Council decides that the property owner will be required to pay all or a portion of the construction cost before connection to this particular sewer is allowed. Currently, City Ordinance requires that properties within the Urban Services Line to which a public sewer is available connect to the municipal sewer upon failure of the private sewage disposal system, when enlargement of the private disposal system is required, or upon transfer of ownership of the property. If one of these situations arises, under current Ordinance the property owner would have no choice but to connect to the public sewer. If Council decides that a proportional share of the cost of construction should be a component of the fees required for connection to this particular sewer the affected property owner would have no choice but to be subject to the new fee. This would be in conflict with Proposition 218 because according to Proposition 218, the affected property owner must be able to choose whether or not to be subject to the new fee. To recover the cost of construction at the time of connection, Council may have to amend the City Ordinance that requires connection under certain circumstances. FISCAL IMPACT: Description Cost to City Cost Divided by Six Construction Cost (previously aid $ 34,691.13 $ 5,781.86 Extension Fee 7,260.00 1,210.00 Connection Fee 3,468.00 578.00 Inspection Fee 222.66 37.11 Total $ 45,641.79 $ 7,606.97 'l�lO x.21 ITEM NUMBER: C-4 DATE: 04/14/98 In addition to assessment cost and/or fees each roe owner will be responsible for the cost of property rt3' P abandoning their septic tank and constructing a building lateral to their property line (approximately$2,000). All funds received for reimbursement of construction costs as well as all Extension and Connection fees are reserved to the City's Sewer Facilities Fund and are to be used for system upgrade and expansion. The Inspection Fee is reserved to deposit into the City's General Fund. ALTERNATIVES: 1. Set date and time of public hearing and stipulate a total assessment cost of$5,781.86 to be paid over 15 years at an interest rate set by Council and waive customary extension and connection fees. This alternative would satisfy the wishes of the affected property owners and clear the way for the establishment of an assessment district at the Public Hearing. If passed, this alternative would allow the City of recover all construction costs but forfeit $10,950.66 is fees. 2. Set date and time of public hearing and stipulate a total.assessment cost of$5,781.86 to be paid over 15 years at an interest rate set by Council and stipulate that all customary fees are included in the assessment and the that the City agrees to deduct $1,825.11 from each property's proportional share of the construction cost. This alternative would satisfy the wishes of the affected property owners and clear the way for the establishment of an assessment district at the Public Hearing. If passed, this alternative would allow the City of recover all but$10,950.66 of the cost of construction and no fees would be waived. 3. Set date and time of public hearing and stipulate a total assessment cost of$7,596.97 (including customary fees) to be paid over 15 years at an interest rate to be set by Council. 4. Establish a unique extension or connection fee, for this particular portion of sewer, that includes' he cost of construction. To satisfy the precepts of Proposition 218, the City Ordinance that requires connection would need to be waived for these six properties. This alternative would allow the affected property owners a choice of whether to connect and pay the applicable fees or to remain on septic systems. If this alternative is initiated, it is likely that these properties will be connected over time, as a condition of escrow, when the properties are sold. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: A) Individual Sewer Assessment District Cost Comparisons B) Alamo Sewer Connection Cost Estimate '10(1 2, ITEM NUMBER: C -4 DATE: 04/14/98 CITY OF ATASCADERO INDIVIDUAL SEWER ASSESSMENT DISTRICT COST COMPARISONS Assessment District No. 1: Constructed in 1971, this project was financed through the issuance of Assessment Bonds on $3,010,869.07 for 20 years at 7% interest. Most of the current collection system was constructed at this time. 1) Construction Assessment Fee ...............$2536.00(approximately) Assessment District No.2: Constructed in 1977, at a cost of$24,000.00 this project was financed over a 15 year period at 5% interest. This project sewered a small area south of the Charles Paddock Zoo. 1) Construction Assessment Fee...................$1100.00 Assessment District No.3(Cease and Desist Area F6): Constructed in 1986,this project cost approximately$140,000.00 and was financed over a 15 year period at 6%interest. 1) Construction Assessment Fee...................$4150.00 2)Annexation fee.............................................$850.00 Total..............................$5000.00 Assessment District No.4(C&D Areas C and E): Constructed in 1987,this project cost approximately$1,070,266.62. and was financed at 7.9%interest over 20 years. Area C: 1) Construction Assessment Fee..................$3650.00 2)Annexation Fee...........................................$ 850.00 Total.............$4500.00 Area E: 1) Construction Assessment Fee...................$4250.00 2)Annexation Fee...........................................$ 850.00 Total..............$5100.00 ITEM NUMBER: C-4 DATE: 04/14/98 Cease and Desist Areal Southeast San Gabriel): Constructed in 1987 by the Atascadero Unified School District using State funds, actual connection of Area I was blocked by the General Plan until 1992. A reimbursement agreement which obligates the property owners who connect to this line to reimburse the School District for construction costs, was approved in 1987 and modified in January 1993. Upon connection, the property owner has the option of paying the associated fees up-front, or financing any fees and/or all fees through the Wastewater Fund at 101/o over 15 years. 1) Construction Reimbursement Fee...............$4945.00 2) Annexation Fee.............................................$ 850.00 Total.............$5795.00 Cease and Desist Area;F5: A portion of Cease and Desist Area F5 was sewered in 1990. Financed by a private developer, costs per lot are as follows: 1) Construction Reimbursement Fee...............$6103.83 2) Annexation Fee............................................$ 850.00 Total...........$6953.83 Assessment District No. 7 (Remainder of C&D Area FS): This project was constructed in 1993 at a cost of$269,899.68, using wastewater reserve funds as the "up-front" money. On 10/26/93, Council agreed to fix interest at 5% for 15 years and to waive annexation fees if connection is made before August 1994. 1) Construction Assessment Fee....................$8434.37 Assessment District No.9(C&D Area G,West San Gabriel): Constructed in 1995 at a cost of$320,761.04, using wastewater reserve funds as "up-front" money. Interest for the 33 benefiting properties was fixed at 5% for 15 years. The $850 annexation fee was waived if connection made within two years. 1) Construction Assessment Fee....................$9720.03 Assessment District No. 10(West Santa Rosa Road): Constructed in 1995 as a cost of$61,248.04, using wastewater reserve funds as "up-front" money. Interest for the 5 benefiting properties was set at 5% for 15 years. The $1210 annexation fee was waived if the properties connect within two years. 1) Construction assessment fee.......................$7656.01 2) Connection Fee............................................$ 578.00 Total................ $8234.01 Note: The above cost totals do not include building inspection permit fees or cost of private WWA­0�ction or septic tanksbandonment costs. ITEM NUMBER: C-4 DATE: 04/14/98 0 ALAMO SEWER CONNECTIOIN COST ESTIMATE Construction Costs $ 5,781.86 Annexation Fee 19210.00 Connection Fee 578.00 Abandonment Fee 37.11 TOTAL FEES TO CITY $ 7,606.11 Estimated costs to Contractor for connection $ 2,000.00 TOTAL CONNECTION COSTS: $ 9,596.97 ��01 5 ITEM NUMBER: C - 5 ;■ r;a ® DATE: 04/14/98 1918 ® 1979 CAI �i City Manager's Agenda Report Wade G. McKinney Information Bulletin A. EMPLOYEE UPDATE Cindy Holton Administrative Secretary Resigned 3/13/98 Rick Prancevic Police Officer Hired 3/23/98 i 100126