HomeMy WebLinkAboutAgenda Packet 08/11/1986 OINDY WILKINS
DEPUTY CITY CLERK
• A G E N D A
ATASCADERO CITY COUNCIL
Regular Meeting
ATASCADERO ADMINISTRATION BUILDING
FOURTH FLOOR, ROTUNDA ROOM
AUGUST 11, 1986
7:30 P.M.
Gall to Order
ledge of Allegiance
Invocation
Roll Call
City Council Comments
** Introduction of Jay Von Bargen - New Employee —Police Department
** Presentation of Appreciation Plaques to Departing Planning
Commissioners Wayne La Parde and Nellie Kennedy
Community Forum - (Only 15 minutes will be allowed for Community
Forum at the beginning of the agenda. Citizens are requested to keep
remarks under 5 minutes, and that a speaker person speak in behalf of
groups.
A. CONSENT CALENDAR
1. Approval of Minutes of the Regular Council Meeting of July 28,
1986
2. Approval of Appointment of Bonita Borgeson as Member Rep-
Resentative to San Luis Obispo Counties and Cities Area
Planning and Coordinating Council
3. Approval of Proposed Contract Extension - Margaret L. Williamson
(Morris) - Temporary Full Time - 7/1/86 to 6/30/87
4. Recognition of City Employee of the Month for July by the
Employee Recognition Program Committee - Alan Metzler
5. Proposed Resolution 92-86 - Establishing a Stop Intersection
at the Intersection of Barrenda Avenue and Honda
• 6. Proposed Resolution 93-86 - Establishing a Stop Intersection
at Los Lomas Avenue and El Bordo
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• 7. Approval of Tentative Parcel Ma 18-86 - Division 10 .37
PP p of Acres
into 2 parcels of 5.0 Acres Each - 11505 Santa Ana Road -
Davis/Twin Cities Engineering
8. Acceptance of Final Lot Line Adjustment 10-84 - Santa Ana and
San Fernando Roads - Dennis Bethel
9. Acceptance of Final Parcel Map 20-85 - 9100 La Paz Lane -
Cini/Cuesta Engineering
10. Approval of Proposed Resolution 79-86 - Deeding Atascadero
Library Property on Morro Road (Hwy. 41) to the County of
San Luis Obispo
11. Approval of Proposed Resolution 94-86 - Prohibit Parking
on a Portion of Navajoa Avenue (125 Lineal Feet at Lot 24)
B. HEARINGS, APPEARANCES, AND REPORTS
1. Appeal of Planning Commission Denial for Time Extension to
Conditional Use Permit 6-85 - 8870 West Frontage Road - 114
Unit Motel Complex - (Request previously denied by Community
• Development Director and appealed to Planning Commission)
2. Business Licenses - Fee Amendments and Ordinance Adoption:
A. Public Hearing - Proposed Resolution 95-86 - Revising
Business License Fees for General and Specific Licenses
(Amendment to Resolution 108-85)
B. Ordinance 138 - adoption of New Business License
Ordinance (SECOND READING) (Cont'd from 7/28/86)
C. NEW BUSINESS
1. Consideration of Study Areas for General Plan Amendment Requests
for Cycle 2, 1986
D. COMMUNITY FORUM
E. INDIVIDUAL DETERMINATION AND/OR ACTION
• 1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
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•A q
• MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting, July 28, 1986, 7:30 p.m.
Atascadero Administration Building
The Regular Meeting of the Atascadero City Council was called to order
at 7:30 p.m. by Mayor Mackey, followed by the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Borgeson, Handshy, Molina, Norris and Mayor
Mackey
Absent: None
STAFF
Mike Shelton, City Manager ; David Jorgensen, Administrative Services
Director ; Henry Engen, Community Development Director; Paul Sensi
baugh, Public Works Director ; Bud McHale, Police Chief; Robert Jones,
City Attorney; Roland Snow, Fire Captain; Bob Best, Recreation Direc-
tor; Cindy Wilkins, Deputy City Clerk.
COMMUNITY FORUM - No public comments.
COUNCIL/STAFF COMMENTS
• Mayor Mackey announced that she will have office hours, 4:00 - 6:00
p.m. , on Wednesdays in the small office nextdoor to Finance and the
City Manager ' s Office.
Mayor Mackey read a proclamation which was prepared for Edward Chidlaw
for his recent appointment to the SLO County Municipal Court (Mr.
Chidlaw was not present) .
A. CONSENT CALENDAR
1. Approval of Minutes of the Regular Council Meeting of July 14,
1986
2. Approval of Proposed Lease Agreement with the Zoological Society
for 7/86 through 6/87 for use of the Tiki Hut Concession at
Charles Paddock Zoo
3. Denial of Claim against City of Atascadero by Juan Alvarado -
Personal Injury - In the Amount of $200 ,000.00
4. Approval of Camino Card Parlour Business License Relocation to
5940 El Camino Real
5. Acceptance of Draft Environmental Impact Report on San Luis Obis-
po County Solid Waste Management Plan
6. Approval of Tentative Tract Map 17-86 5432 Robles Avenue -
Creation of 5 Air Space Condominium Units - Lerno/Cuesta
Engineering
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7. Approval of Tentative Tract Map 16-86 - 7635/7655 El Camino Real
Creation of 7 Commercial Air Space Condominium Units - Carlin/
Cuesta Engineering
8. Approval of Tentative Parcel Map 14-86 - 8205 Coromar Subdivision
of 1.38 Acre Parcel into 2 Lots of 22,000 Sq. Ft. and 38,000 Sq.
Ft. - Lopus/Cuesta Engineering
9. Acceptance of Final Parcel Map 3-85 - 8870 West Frontage Road
Campbell/Dennis Bethel, Engineer
10. Acceptance of Final Parcel Map 29/85 - 9750 Atascadero Road
Ramay/North Coast Engineering
11. Acceptance of Final Lot Line Adjustment 2-86 - 5100/5120/5300 San
Benito Road - Golden West Development/Volbrecht Surveys
12. Proposed Agreement with San Luis Obispo County for Sewer Easement
across Chalk Mountain Golf Course and Providing Sewer to Golf
Course Clubhouse and Bathrooms
13. Approval of Finance Director ' s Monthly Report - June, 1986
14. Approval of Treasurer ' s Monthly Report - June, 1986
MOTION: By Councilman Handshy to approve Item No. ' s 1-14 , seconded by
Councilwoman Norris; passed unanimously.
B. HEARINGS, APPEARANCES AND REPORTS
1. Public Hearing Regarding Proposed Establishment of Street Mainten-
ance Districts for Falda Avenue, Pinal/Escarpa Avenues, Aguila
Avenue and Cayucos:
A. Proposed Resolution 83-86 - Establishing Formation of Street
Maintenance District - Falda Avenue
B. Proposed Resolution 84-86 - Establishing Formation of Street
Maintenance District - Pinal/Escarpa Avenues
C. Proposed Resolution 85-86 - Establishing Formation of Street
Maintenance District - Aguila Avenue
D. Proposed Resolution 86-86 - Establishing Formation of Street
Maintenance District - Cayucos Avenue
Councilman Molina removed himself from discussion and vote on Item
Bl-B (re: Pinal/Escarpa) , due to possible conflict of interest.
Paul Sensibaugh, Public Works Director , gave staff report, noting that
only one written protest was received in the City Clerk ' s Office today
related to Item Bl-A (Falda) from J. & V. Duty.
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Public Comment
James Duty, 4610 San Anselmo, explained that his and his wife ' s pro-
test is based on the question of how long 2" of asphalt will last as
the street improvement in relation to the proposed cost and, also,
wonders what alternative improvements could be considered. Mr. Sen-
sibaugh responded.
Dale Drew, resident on Falda Ave. , spoke in support of the maintenance
district, as proposed.
MOTION: By Councilman Handshy to adopt Res. No. 83-86 (Falda) , sec-
onded by Councilwoman Borgeson; passed unanimously.
MOTION: By Councilman Handshy to adopt Res. No. 84-86 (Pinal/Escarpa)
seconded by Councilwoman Norris; passed 4 :0 , with Councilman
Molina not voting due to possible conflict of interest.
MOTION: By Councilman Handshy to adopt Res. No. 85-86 (Aguila) , sec-
onded by Councilman Molina; passed unanimously.
MOTION: By Councilman Handshy to adopt Res. No. 86-86 (Cayucos) , sec-
onded by Councilwoman Norris; passed unanimously.
2. Public Hearing Regarding Weed Abatement Assessment Charges and
Establishment of 40% Administrative Fee
A. Proposed Resolution 81-86 - Confirming Cost of Weed Abatement
for 1986-87 Tax Year
Capt. Roland Snow, Fire Department, gave staff report.
No public comment.
MOTION: By Councilman Handshy to adopt Res. No. 81-86, seconded by
Councilwoman Borgeson; passed unanimously.
3. Public Hearing Regarding Proposed Revenue Sharing and City Budget
for 1986-87 and Appropriation of Funds Thereof
A. Proposed Resolution 90-86 - Adopting City of Atascadero Fis-
cal Year 1986/87 Revenue Sharing and Appropriation of Funds
Thereof
B. Proposed Resolution 91-86 - Adopting City of Atascadero
Fiscal Year 1986/87 Budget and Appropriation of Funds Thereof
David Jorgensen, Admin. Svcs. Director , gave staff report.
i No public comment regarding requests for Revenue-Sharing monies.
MOTION: By Councilman Handshy to adopt Res. No. 90-86 in accordance
with staff recommendations, seconded by Councilwoman Norris;
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passed unanimously by roll-call.
Public Comment
Bill Stover , resident on Carrizo Rd. , requested, on behalf of Senior
Citizens United, funding of $200 per month/$2400 for the year, and he
summarized some of the services provided by the organization.
Maggie Rice, Manager of the Chamber of Commerce, spoke in support of
the Chamber ' s request for renewal of contract with the City for
promotional services, in the entire requested amount of $18,000 , and
summarized their services.
Sarah Gronstrand, resident, spoke in support of funding request by
Senior Citizens United and expressed her appall at Council even sug-
gesting not to honor their small funding request for very necessary
community services.
Kathleen Daly, resident, suggested a policy be adopted that City em-
ployees use self-serve pumps at gas stations to limit City vehicle
expenses. Secondly, she proposed (referencing Govt. Code Sec. 36516)
increasing the monthly stipends of the City Clerk and Treasurer to
$300 per month, including the same benefits received by the Council-
members.
Richard Shannon, 4820 Obispo Rd. , spoke in support of the Chamber of
Commerce' s funding request.
Irene Bishop, resident on Serena Rd. , spoke in support of the Senior
Citizens United funding request.
MOTION: By Councilman Handshy that Council discuss funding outside
organizations line item by line item, seconded by Council-
woman Borgeson; passed unanimously.
MOTION: By Councilman Handshy to approve Senior Citizens United
funding request for $2400 (at $200 per month for 12 months) ,
seconded by Councilwoman Borgeson; passed unanimously by
roll-call.
MOTION: By Councilman Handshy to approve the BIA funding at $4,000
plus their $2, 500 pass-through, seconded by Councilwoman
Norris; passed unanimously by roll-call.
MOTION: By Councilman Handshy to approve the Chamber of Commerce
request for $18,000 , seconded by Councilman Molina; passed by
4 :1 roll-call, with Councilwoman Norris voting NO(_V
MOTION: - By Councilwoman Borgeson to approve Action for Animal Rights
request for $7 ,000 , seconded by Mayor Mackey; passed by 3:2
roll-call, with Councilmembers Handshy and Molina voting NO.
MOTION: By Councilwoman Borgeson to approve No. County Women' s
Shelter request for $6 ,000 , seconded by Councilwoman Norris;
passed by 3 : 2n roll-call, with Councilmembers Handshy and
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Molina voting N0.
MOTION: By Councilwoman Borgeson to approve Hot Line request for
$300 , seconded by Councilman Molina; passed unanimously by
roll-call.
MOTION: By Councilman Molina to approve SLO Emergency Medical request
for $1,700 , seconded by Councilman Handshy; passed unanimous-
ly by roll-call.
MOTION: By Councilwoman Borgeson to approve Hospice of SLO request
for $300, seconded by Councilman Handshy; passed unanimously
by roll-call.
MOTION: By Councilman Handshy to approve American Red Cross request
for $350 , contingent that the film for which funds are being
requested to purchase is kept for availability in the North
County, seconded by Councilwoman Norris; passed unanimously
by roll-call.
MOTION: By Councilman Handshy to approve RSVP request for $400,
seconded by Councilwoman Norris; passed by 4 :0 roll-call,
with Councilman Molina voting NO.
MOTION: By Councilwoman Borgeson to approve North County Womens'
Resource Center request at $1,500, seconded by Mayor Mackey;
passed by 3:2 roll-call, with Councilmembers Handshy and
Molina voting NO.
MOTION: By Councilwoman Norris to approve YMCA request for $2,000,
(to fund the NYPM Program, explained by Police Chief McHale)
seconded by Councilwoman Borgeson; passed by 4:1 roll-call,
with Councilman Molina voting NO.
David Jorgensen, Admin. Svcs. Director , noted that the above approvals
increase the budget for funding of outside organizations (as listed in
the staff report) by $4 ,400 , totaling the General Fund Budget at
$4,965,300.
MOTION: By Councilman Molina that a committee of the Administrative
Services Director , City Manager and Mayor be formed to study
the possibility of increasing the salaries of the City Clerk
and Treasurer and make a future recommendation to Council,
seconded by Councilwoman Borgeson; passed unanimously.
MOTION: By Councilman Molina to adopt Res. No. 91-86, with amendments
as announced, seconded by Councilwoman Borgeson; passed
unanimously by roll-call.
COUNCIL RECESSED FOR FIVE-MINUTE BREAK AT 9 :00 P.M.
4. Public Hearing on Proposed Business License Ordinance
A. Proposed Ordinance 138 - Adoption of New Business License
Ordinance (FIRST READING)
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Henry Engen, Commun. Devel. Director , gave staff report.
No public comment.
MOTION: By Councilman Molina to read Ord. 138 by title only, seconded
by Councilman Handshy; passed unanimously. Mayor Mackey read
Ord. 138 by title.
MOTION: By Councilman Molina that this constitutes the first reading
of Ord. 138, seconded by Councilman Handshy; passed unani-
mously by roll-call. Second reading will be at the first
Council meeting in August.
5. Appeal of Planning Commission' s Denial to Reject Request for
City-Initiated General Plan Amendment - 8515 E1 Dorado
Peterson/Devencenzi
Henry Engen, Commun. Devel. Director , gave staff report.
Public Comment
Steve Devencenzi, representing the appellants, spoke in support of
appeal, reviewing the history of this issue.
Art Cunningham, 8495 E1 Dorado, spoke of the interest of fairness in
Council deciding this issue, and he feels the applicants deserve their
"day in court" .
MOTION: By Councilman Molina to deny this appeal, but to direct
staff to work with the appellant to look for a PD rezone ap-
plication together with a general plan application (to be
covered by his previous fee) , with the appellant responsible
to pay for the PD rezone, to be included in the fall Gen.
Plan cycle, seconded by Councilman Handshy; passed unanimous-
ly.
C. UNFINISHED BUSINESS
1. Review of Council Member Representation on Committees and Possible
Reappointment Thereof (Cont'd from 17/14/86)
Mayor Mackey announced Council representatives on committees as fol-
lows:
CITY SCHOOLS COMMITTEE - Mayor Mackey, Councilman Molina
MAYOR' S MEETINGS - Mayor Mackey
SLO COG - Councilwoman Borgeson, Councilman Molina (alternate)
TRAFFIC COMMITTEE - Councilwoman Norris, Mayor Mackey (alternate)
EOC COMMITTEE - Councilwoman Norris (for Atascadero' s two-year term)
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Mike Shelton, City Manager , noted that a resolution will be prepared
for next meeting designating the Council appointments to SLO COG.
MOTION: By Councilman Molina to appoint Councilwoman Norris to a
member of the Traffic Committee for a term of one year , sec-
onded by Councilwoman Borgeson; passed unanimously.
D. NEW BUSINESS
1. Proposed Resolution 87-86 - Council Appointment of Planning
Commissioners
Councilmembers cast their votes for appointees to the Commission.
After three rounds of voting, Mike Shelton, City Manager, announced
Council' s decision.
MOTION: By Councilman Handshy to adopt Res. No. 87-86 appointing Tom
Hatchell, Jaime Lopez-Balbontin and Mildred Copelan to
four-year terms on the Planning Commission, seconded by Coun-
cilwoman Borgeson; passed unanimously.
MOTION: By Councilman Molina that Council adjourn and convene as the
Atascadero County Sanitation District Board of Directors,
seconded by Councilman Handshy; passed unanimously.
E. ATASCADERO
COUNTY SANITATION DISTRICT (ACSD)
1. Public Hearing on Proposed Fiscal Year 1986/87 ACSD Budget
A. Proposed Resolution 89-86 - Approving 1986/87 ACSD Budget
and Appropriating Funds Thereof
David Jorgensen, Admin. Svcs. Director , reiterated staff recommenda-
tion.
No public comment.
MOTION: By Director Molina to adopt Res. No. 89-86, seconded by
Director Handshy; passed unanimously by roll-call.
2. Public Hearing on Proposed Sanitation District Sewer Service
Charges to be Added to the 1986/87 Property Tax Bill
A. Proposed Resolution 88-86 - Adopting Sanitation District
Sewer Service Charges to be Added to the 1986-87 Property Tax
Bill
No public comment.
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MOTION: By Director Molina to adopt Res. No. 88-86, seconded by
Director Handshy; passed unanimously.
3. Bid Status Report - Assessment District #3 -Marchant Sewer
Project
Paul Sensibaugh, Public Works Director , gave staff report.
MOTION: By Director Norris to accept staff recommendations (as out-
lined in staff report) , authorizing the Director of Public
Works to enter into a contract with West Coast Tank & Piping
for a maximum of $117,000, subject to that firm' s requested
conditions ( (1) West Coast would like to "pot hole" three
different locations, or bore to determine ground water eleva-
tions and rock type, (2) that change orders would be handled
in a normal fashion in the event of unforeseen circumstances,
and (3) West Coast would like to begin construction in late
fall) , but to direct the Public Works Director to renegotiate
downward, if possible. Motion seconded by Director Molina;
passed unanimously by roll-call.
MOTION: By Director Handshy to adjourn as ACSD Board of Directors and
reconvene as City Council, seconded by Director Borgeson;
passed unanimously.
F. COMMUNITY FORUM
Maggie Rice thanked the Council for approval of the Chamber of Com-
merce funding request as part of the General Fund Budget.
Jaime Lopez-Balbontin made comments relating to Council' s decision on
an appeal he had which was on the last Council agenda. Mr. Lopez-
Balbontin was advised to listen to the tape of the meeting in the City
Clerk' s Office to clarify his understanding/position in the matter
and, possibly, discuss it with Mr. Engen, Commun. Devel. Director.
Tony Brown, Atas. News, introduced Dan Stevens, who will be covering
the Council meetings for the Telegram-Tribune, and Lisa Hirschman, who
will be covering for KPRL. Also, he extended best wishes for a speedy
recovery to Boyd Sharitz on behalf of the media.
G. INDIVIDUAL DETERMINATION AND/OR ACTION
City Council - Councilman Handshy commented on the monumental expen-
ditures approved as a part of the newly-adopted budget and reiterat-
ed the necessity to continue to assess new development.
Councilman Molina commented that he favors the proposal from David
Jorgensen, Admin. Svcs. Director , which was presented to Council
during recent Budget Sessions, regarding economic development. Mike
Shelton commented that staff will bring back a revised report for
Council consideration.
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Councilwoman Norris requested that coffee be put in the budget for
Council meetings.
MEETING ADJOURNED AT 10 :23 P.M.
RECORDED BY:
BOYD C. SHARITZ, City Clerk
PREPARED BY:
CINDY WILKINS, Deputy City Clerk
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M E M O R A N D U M
TO: City Council Members August 11, 1986
FROM: Mike Shelton
City Manager
SUBJECT: APPOINTMENT OF REGULAR MEMBER REPRESENTATIVE
TO SAN LUIS OBISPO COUNTIES AND CITIES AREA
PLANNING AND COORDINATING COUNCIL
RECOMMENDATION:
Council take an action designating Councilwoman Bonita Borgeson
the Member Representative replacing Councilman Wayne Handshy on
the San Luis Obispo Counties and Cities Area Planning and
Coordinating Council.
• BACKGROUND:
The By-Laws of the Area Council require the regular member
representative from each City to be a City Council Member.
The duration of the appointment is open-ended unless
specified otherwish by Council.
Based on Council appointment, staff will advise the Area
Coordinating Council administrative staff, who will schedule
an orientation for the newly appointed member.
AG 11DA
• M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City ManagertLt-�-S,
FROM: Henry Engen, Community Development Director .lVL
RE: Request for Contract Extension: Temporary Full Time Assistant
Planner (Margaret Lynn Williamson (Morris) )
BACKGROUND:
Meg Williamson (Morris) is under contract as an Assistant Planner in
the Planning Division on an annual contract basis. This contract re-
quires annual renewal. The accompanying contract is proposed to ex-
tend from July 1, 1986 through June 30 , 1987 .
ANALYSIS:
Duties of this position concentrate primarily on enforcement of the
• City' s land use regulations. Ms. Williamson started with the City on
November 4, 1984 as a clerk working with business licenses and became
a contract planner on March 25, 1985 through the present date. Speci-
fic duties of this position include public counter staffing, business
license checks, certificates of compliance, lot merger agreements, and
code enforcement. The position is budgeted in the current fiscal year
as a full time, part time permanent position. It is proposed that the
rate of pay be $11.20 per hour, increased from $9.82 an hour under the
1985-86 contract. The position provides for no benefits and the in-
crease would parallel going from a "B" classification in July, 1985 to
a "C" classification in July, 1986 with an allowance for privately
obtained medical coverage.
The position had been requested as a permanent position under new and
expanded services in the department ' s 1986-87 budget request, but was
not recommended under the department head evaluation process at this
time.
RECOMMENDATION:
Authorize City Manager to sign the attached employment agreement with
Margaret Lynn Williamson (Morris) .
HE:ps
Enclosure: Employment Agreement
cc: David Jorgensen
s
EMPLOYMENT AGREEMENT
MARGARET LYNN WILLIAMSON (MORRIS)
THIS CONTRACT entered into this 12th day of August, 1986 by and
between the CITY OF ATASCADERO, State of California, hereinafter re-
ferred to as "City" , and Margaret Lynn Williamson, a full-time, tempo-
rary person hereinafter referred to as "Contractor .
WITNESSETH•
WHEREAS, the City of Atascadero desires to hire a person to fill
the job classification of temporary full-time assistant planner; and
WHEREAS, Contractor is qualified to perform such services for the
City.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Contractor and Contractor
hereby agrees to perform for the City services hereinafter set forth
for the compensation hereinafter set forth, all pursuant to the terms
and conditions herein.
2. Scope of Service. Pursuant to this agreement, Contractor
is being retained on an hourly basis to perform the job as generally
described by employer of Assistant Planner with emphasis on enforcing
City land use regulations. She will be expected to perform all duties
as described in said employers description and other duties which may
reasonably relate thereto.
3. Contractor Status. Contractor understands and agrees that
she is not, and will not be, eligible for membership in or any bene-
fits from any City group plan for hospital, surgical or medical insur-
ance or for paid holidays, vacation, sick leave, or other leave, with
or without pay, or any other job benefits accruable to an employee in
the service of the City.
Contractor understands and agrees that her term of service is gov-
erned only by this Agreement, that no right of tenure is created here-
by, and she does not hold a position in any department or office of
the City, and that her service to the City under this Agreement is
governed solely and in all respects by the terms of this Agreement.
4. Warranty of Contractor . Contractor warrants that she is
qualified to provide the services herein agreed to.
5. Compensation. City shall pay to Contractor as compensation
in full for all services performed by Contractor pursuant to this
Agreement, the sum of $11. 20 per hour. Payments by the City shall be
made in accordance with established City procedures on a bi-weekly
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basis to coincide with the City' s normal pay day.
6. Terms of Agreement. This Agreement shall commence on July
1, 1986 (which shall be date on which Contractor commences work under
this Agreement) , and shall be terminated on June 30 , 1987 unless ex-
tended by mutual written agreement of the parties.
a) All work shall be performed for the Community Development
Department under the direct supervision of the Senior Planner
or other person designated by the Community Development
Director.
7. Termination of Agreement for Convenience. Either party may
terminate this Agreement at any time by giving to the other party
fourteen (14) calendar days' written notice of such termination, spe-
cifying the effective date of such termination. Termination shall
have no effect upon the rights and obligations of the parties arising
out of any termination occurring prior to the effective date of such
termination. Contractor shall be paid for all work satisfactorily
completed prior to the effective date of such termination.
8. Termination of Contractor for Cause. If Contractor fails
to fulfill in a timely and professional manner her obligations under
this Agreement, or if Contractor shall violate any of the terms or
provisions of this Agreement, City shall have the right to terminate
this Agreement effective immediately upon the City' s giving ten (10)
calendar days' written notice thereof to Contractor. Termination
shall have no effect upon the rights and obligations of the parties
arising out of any transaction occurring prior to the effective date
of such termination. Contractor shall be paid for all work satisfac-
torily completed, as determined by City, prior to the effective date
of such termination.
9. Modification. This Agreement constitutes the entire under-
standing of the parties hereto and no changes, amendments, or altera-
tions shall be effective unless in writing and signed by both parties.
10. Non-Assignment of Agreement. This Agreement is intended to
secure the individual services of the Contractor . Any attempt by Con-
tractor to assign, transfer, delegate or sublet this Agreement or any
interest therein without the City' s prior written consent shall cause
this Agreement to be null and void.
11. Covenant. The validity, enforceability and interpretation
of any of the clauses of this Agreement shall be determined and gov-
erned by the laws of the State of California.
12. Enforceability. The invalidity and unenforceability of any
terms or provisions hereof shall, in no way, effect the validity or
enforceability of any other terms or provisions.
13. Actions. In the event of any action or suit upon this
Agreement, both parties shall be entitled to receive reasonable attor-
ney' s fees and costs. It is agreed that any breach of this Agreement
by the Contractor shall entitle the City to apply to any Court of com-
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petent jurisdiction to enjoin any violation, threatened or actual, of
this Agreement.
14. Nondiscrimination. There shall be no discrimination against
any person employed pursuant to this Agreement in any manner forbidden
by law.
15. Conflicts of Interest. No officer , employee, director or
agent of the City shall participate in any decision relating to this
Agreement which affects her personal interest or the interest of any
corporation, partnership, or association in which she is directly or
indirectly interested, nor shall any such person have any interest,
direct or indirect, in this Agreement or the provisions thereof.
IN WITNESS WHEREOF, City and Contractor have executed this Agree-
ment of the day and year first hereinabove set forth.
CONTRACTOR: CITY OF ATASCADERO:
MARGARET LYNN WILLIAMSON MICHAEL SHELTON, City Manager
APPROVED AS TO BUDGET AUTHORIZATION:
V • 1r
DA D `JOR,GEPSEN,
Administriat ve Services Director
3
A�``3DA
8/11/86 °�� A-4
M E M O R A N D U M
TO: City Council Members August 11, 1986
FROM: Mike Shelton, City Manager
SUBJECT: EMPLOYEE OF THE MONTH NOMINATION - JULY
RECOMMENDATION:
Council recognize Alan Metzler, Zoo Curator for the Parks and
Recreation Department as "Employee of the Month" for July, 1986.
BACKGROUND:
Alan received a nomination from his Supervisor, Bob Best for his
outstanding performance as Zoo Curator, his affection and concern
for the animals, and his positive public relations with staff and
• the community.
Alan is commended for his performance and dedication with the
City since his beginning employment six months ago.
cc: Alan Metzler
Personnel File
Recreation Department
•
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• MEMORANDUM
TO: Council
THROUGH: Mike Shelton, City Manager
FROM: Paul Sensibaugh, Director of Public Works/City Engineer
SUBJECT: Resolution 92-86 establishing a stop sign on Barrenda
Avenue at Honda
DATE: August 5, 1986
Recommendation:
The Traffic Committee recommends that Council adopt Resolution
92-86 establishing a 2-way stop interseciton on Barrenda at its
intersection with Honda Avenue.
Background:
This intersection is presently uncontrolled. Due to the con-
figuration of the intersection approaching traffic cannot be seen
in sufficient time to stop.
Discussion:
• The intersection is considered hazardoius without any traffic
f is
control and many "near-misses" have been reported. It is appropriate
that traffic be controlled heading downhill into the intersection on
Barrenda, since sight distance is greater on this leg than on Honda.
Fiscal Impact•
The cost to the City is approximately $75 and can be paid out
of the 1986-87 Fiscal Year Budget - Capital Improvement ($. 50 tax)
PMS/vjh
•
RESOLUTION NO. 92-86
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING A STOP
INTERSECTION ON BARRENDA AVENUE AT HONDA
WHEREAS, Section 4-3.801 et sequence of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
STOP intersections, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic Committee has recommended that
establishing a STOP intersection on Barrenda Avenue at Honda
will alleviate a hazardous traffic condition.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings indicating a STOP intersection at Barrenda Avenue
and Honda.
On Motion by ,and seconded by
, the foregoing Resolution is hereby adopted in its
entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
BOYD C. SHARITZ, City Clerk MARJORIE MACKEY,Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ROBERT M. JONES, City Attorney PAUL M. SENSIBAUGH
Director of Public Works/
City Engineer
2 �
8/11/86 € EM;, A 6
• MEMORANDUM
TO: Council
THROUGH: Mike Shelton, City Manager
FROM: Paul Sensibaugh, Director of Public Works/City Engineer
SUBJECT: Resolution 93-86 establishing a stop sign on Los Lomas
Avenue at El Bordo
DATE: August 5, 1986
Recommendation:
The Traffic Committee recommends that Council adopt Resolution
93-86 establishing stop intersection on Los Lomas at its intersection
with El Bordo.
Background:
We have received requests from the citizens in the neighborhood
to establish a stop intersection due to the speed traveled and the
number of children in the neighborhood.
• Discussion:
This area is multi-family which historically is a high traffic
generator . In addition to this, the Chalk Mountain Regional Park
is located at the end of El Bordo and generates a significant
amount of traffic from E1 Camino Real past Los Lomas.
Fiscal Impact:
The cost to the City is approximately $75 and can be paid out
of the 1986-87 Fiscal Year Budget - Capital Improvement ($.50 tax)
PMS/vjh
RESOLUTION NO. 93-86
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO DESIGNATING A STOP
INTERSECTION ON LOS LOMAS AVENUE AT EL BORDO
WHEREAS, Section 4-3. 801 et sequence of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
STOP intersections, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic Committee has recommended that
establishing a STOP intersection on Los Lomas Avenue at El Bordo
will alleviate a hazardous traffic condition.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineer to place and maintain appropriate
signs or markings indicating a STOP intersection at Los Lomas Avenue
and E1 Bordo.
On Motion by ,and seconded by
, the foregoing Resolution is hereby adopted in its
entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST:
BOYD C. SHARITZ, City Clerk MARJORIE MACKEY,Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ROBERT M. JONES, City Attorney PAUL M. SENSIBAUGH
Director of Public Works/
y City Engineer
2 0
A-7
8/11/86
• M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City Manager Al '
FROM: Henry Engen, Community Development Director
SUBJECT: Tentative Parcel Map 18-86
LOCATION: 11505 Santa Ana Road
APPLICANT: Gordon T. Davis (Twin Cities Engineering)
REQUEST: To allow subdivision of one parcel containing 10.37 acres
into two parcels of approximately 5.0 acres each.
On July 21, 1986, the Planning Commission conducted a public hearing
on this subject request unanimously (with Chairman LaPrade absent)
• approving the land division request subject to the findings and condi-
tions contained in the attached staff report, with modification to
condition #5 to read:
"5. An offer of dedication to the City of Atascadero shall be
made for slope easements, as determined by the City Engineer,
along Santa Ana Road.
Tom Vaughan, representing the applicant, spoke in support of the re-
quest and noted his concurrence with the recommendation.
No one else spoke on the matter.
/Ps
cc: Gordon T. Davis
Twin Cities Engineering
City of Atascadero Item: B-3
STAFF REPORT
FOR: Planning Commission Meeting Date: 7/21/86
BY: Steven L. DeCamp, Senior Planner File No: TPM 18-86
Project Address: 11505 Santa Ana Road
SUBJECT:
Subdivision of one parcel containing 10 .37 acres into two parcels of
approximately 5.0 acres each.
BACKGROUND:
Notice of public hearing was published in the Atascadero News on Fri-
day, July 11, 1986. All property owners of record located within 300
feet of the subject site were also notified on that date.
A. LOCATION: 11505 Santa Ana Road (Lot 25, Block 27)
B. SITUATION AND FACTS:
1. Request. . . . . . . . . . . . . . . . . . . . . .Subdivide 10.37 acre parcel into
two parcels of 5.0 acres each.
2. Applicant. . . . . . . . . . . . . . . . . . . .Gordon T. Davis
3. Representative. . . . . . . . . . . . . . .Twin Cities Engineering
4. Site Area. . . . . . . . . . . . . . . . . . . .10.37 acres
5. Streets. . . . . . . . . . . . . . . . . . . . . .Santa Ana Road is a paved road
constructed to City standards.
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban with a
2. 5 to 10 .0 acre minimum lot
size)
7. Existing Use. . . . . . . . . . . . . . . . .Vacant
8. Adjacent Zoning. . . . . . . . . . . . . .North: RS
South: RS
East: RS
West: RS
9 . General Plan Designation. . . . .Suburban Single Family
10. Terrain. . . . . . . . . . . . . . . . . . . . . .Sloping with relatively flat
building sites and good access
n
J
• 0
Tentative Parcel Map 18-86 (Gordon T. Davis/Twin Cities)
11. Environmental Status. . . . . . . . .Negative Declaration posted
July 1, 1986
C. ANALYSIS:
The property proposed for subdivision is located in the RS (Resi-
dential Suburban) zone. Minimum lot size in this zone ranges be-
tween 2.5 and 10.0 acres depending upon the "score" of various
performance standards. For this site, the minimum lot size cri-
teria are:
Distance from center (10,000 - 12, 0001 ) 0.30
Septic suitability (severe) 1. 50
Average slope (11-20%) 0. 75
Condition of access (paved) 0.40
General neighborhood character (5.89 acres) 1.18
Minimum lot size: 4.13 acres
The lot sizes proposed (5.0 acres) are larger than the minimum
sizes that would be allowed.
Each of the proposed lots has an adequate building site that is
relatively level. Proper siting of building pads and driveways
should result in a minimal amount of required grading. Any grad-
ing that is required for driveways or building pads on slopes in
excess of 20% will require a precise plan review and approval.
Precise plan review is done at staff level and is dictated by the
California Environmental Quality Act (CEQA) and this City' s guide-
lines for its implementation.
Santa Ana Road has been constructed to City standards. The road
will be accepted into the City-maintained system at the conclusion
of a one-year test period which concludes in October of 1986.
The property in question should pose few problems for residential
development. Adequate building sites are available and access is
good. Properly designed septic systems should provide adequate
waste disposal. There are trees on the property; however , the
building sites are relatively clear so that tree removal should be
minimal. Finally, the density proposed for the property appears
to be appropriate for the site and surrounding areas.
D. RECOMMENDATION:
Staff recommends conditional approval of Tentative Parcel Map
18-86 based on the Findings in Exhibit A and the Conditions of
Approval in Exhibit B.
SLD:ps
2
• 0
Tentative Parcel Map 18-86 (Gordon T. Davis/Twin Cities)
ATTACHMENTS: Exhibit A - Findings for Approval
Exhibit B - Conditions of Approval
Exhibit C - Location and Zoning Map
Exhibit D - Tentative Parcel Map
3
0 •
Tentative Parcel Map 18-86 (Gordon T. Davis/Twin Cities)
EXHIBIT A - Tentative Parcel Map 18-86
Findings for Approval
July 21, 1986
FINDINGS:
1. The creation of these parcels conforms to the Zoning Ordinance and
the General Plan.
2. The creation of these parcels, in conformance with the recommended
conditions of approval, will not have a significant adverse effect
upon the environment. The Negative Declaration prepared for the
project is adequate.
3. The site is physically suitable for the type of development that
is proposed.
4. The site is physically suitable for the density of development
that is proposed.
5. The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat.
6. The design of the subdivision and the type of improvement will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision; or
that substantially equivalent alternate easements are provided.
7. The proposed subdivision complies with Section 66474. 6 of the
State Subdivision Map Act as to methods of handling and discharge
of waste.
4
• !
Tentative Parcel Map 18-86 (Gordon T. Davis/Twin Cities)
EXHIBIT B - Tentative Parcel Map 18-86
Conditions of Approval
July 21, 1986
CONDITIONS OF APPROVAL:
1. Water shall be obtained from the Atascadero Mutual Water Company
and water lines shall exist at the frontage of each parcel or its
public utility easement prior to recordation of the final map.
2. All existing and proposed utility easements, pipelines and other
easements are to be shown on the final map. If there are other
building or other restrictions related to the easements, they
shall be noted on the final map.
3. Grading, drainage, and erosion control plans, prepared by a regis-
tered civil engineer , shall be submitted for review and approval
by the Community Development and Public Works Departments prior to
issuance of building permits in conjunction with installation of
driveways, access easements or structures. This shall appear as a
note on the final map.
4. Obtain encroachment permit(s) from the Public Works Department
prior to issuance of a building permit and construct improvements
as directed by the encroachment permit(s) prior to final building
inspection.
5. An offer of dedication to the City of Atascadero shall be made for
the following rights-of-way:
a. Street name: Santa Ana Road
b. Limits: Minimum 25 feet from the centerline.
6. Plan and profile drawings of proposed individual driveways and
driveway easements shall be submitted for approval by the Commu-
nity Development and Public Works Departments in order to deter-
mine average grade and appropriate improvement requirements. This
shall appear as a note on the final map.
7. All development fees and/or assessments in effect at the time of
building permit application shall be paid at the time of building
permit issuance. This shall appear as a note on the final map.
8. A final map drawn in substantial conformance with the approved
tentative map and in with all conditions set forth
herein - shall be submitted for review and approval in accordance
with the Subdivision Map Act and the City Lot Division Ordinance
prior to recordation.
5
9 0
Tentative Parcel Map 18-86 (Gordon T. Davis/Twin Cities)
a. Monuments shall be set at all new property corners created
and a registered civil engineer or licensed land surveyor
shall indicate by certificate on the final map that corners
have been set or will be set by a date specific and that they
will be sufficient to enable the survey to be retraced.
b. A recently updated preliminary title report shall be submit-
ted for review in conjunction with the processing of the
final map.
9. Approval of this tentative parcel map shall expire two years from
the date of final approval unless an extension of time is granted
pursuant to a written request prior to the expiration date.
6
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----
•
M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City Manager lice
FROM: Henry Engen, Community Development Director Ake
SUBJECT: Acceptance of Final Lot Line Adjustment 10-84
LOCATION: Santa Ana and San Fernando Roads
APPLICANT: Dennis Bethel, et al
• On September 10, 1984, the City Council approved Lot Line Adjust-
ment 10-84, subject to certain conditions and in concurrence with
the recommendation of the Planning Commission. The required con-
ditions have been complied with and the final map is recommended
for approval.
HE:ps
cc: Dennis Bethel, et al
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----._.�
•
M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT: Acceptance of Final Parcel Map 20-85
LOCATION: 9100 La Paz Lane
APPLICANT: John Cini (Cuesta Engineering)
• On September 17, 1985 , the City Council approved Parcel Map 20-85
subject to certain conditions and in concurrence with the recom-
mendation of the Planning Commission. The required conditions
have been complied with and the final map is recommended for
approval.
HE:ps
cc: John Cini
Cuesta Engineering
44 P.4 Z 64AJE
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•
TO: City Council Members August 11, 1986
FROM: Mike Shelton, City Manager
SUBJECT: DEEDING OF LIBRARY PROPERTY TO THE COUNTY OF SAN
LUIS OBISPO
RECOMMENDATION:
City Council adopt attached Resolution 96-86, deeding the
Atascadero Library property to the County for purposes of
constructing and operating a County Library.
DISCUSSION:
Recently upon negotiating financial contributions necessary to
construct a new Library in Atascadero, the County agreed if the
City paid 50% of the new Library site and construction cost ,
the County would accept full maintenance and operations respon-
sibility when the library is opened.
• The Library site was donated to the City for the purpose of
constructing a Library.
In the 50% financing formula, the City received credit for the
value of the land. In deeding the property to the County, the
County would be restricted to using the site for a Library to
serve the community. Conveyance of the site to the County would
eliminate the necessity of a Library City/County Joint Powers
Agreement and would put responsibility on the shoulders of the
County for future operation and maintenance. Appropriate to this
end, City residents pay a portion of their property taxes,
especially earmarked for Library operation, which goes directly
to the County.
Attached is additional information as to Library construction
progress. As you will note, the schedule calls for approval
to solicit bids on August 19, 1986 , and award of bids on
September 30, 1986. Construction is to begin in October of this
year, with an anticipated completion in April, 1987.
ALTERNATIVES:
City could retain ownership of land and enter into a Joint Powers
Agreement with the County to allow County to build on City
• property. Such an arrangement would significantly delay project
construction.
1
�L
FISCAL IMPACT:
None, land was donated to the City for the specific purpose of
constructing a Library. The value of the land, previously
credited to the City by the County in financing the formula
agreement.
MS:kv
Attachment
2
RESOLUTION NUMBER 96-86
A RESOLUTION OF THE COUNCIL
OF THE CITY OF ATASCADERO
DEEDING ATASCADERO LIBRARY PROPERTY
TO THE COUNTY OF SAN LUIS OBISPO
WHEREAS, The City of Atascadero and County of San Luis Obispo
have jointly entered into agreement to construct a public library
located in the City of Atascadero; and
WHEREAS, the City of Atascadero owns property (Lot 2, Block
WA, and a portion of Lot 4, Block WA, Atascadero Colony) , inwhich
the library is to be built; and
WHEREAS, property was donated to the City by Martin and Susan
Polin for a specific use and conditioned as a library site; and
WHEREAS, City utalized the value of library site in the
financial agreement between the City and County to buld a new
library; and
WHEREAS, the County of San Luis Obispo will maintain and
operate the library upon completion of library construction; and
WHEREAS, the City desires to convey to the County of San Luis
Obispo, by Grant Deed, property donated to the City by Martin and
Susan Polin; and
WHEREAS, said site has been found by the Atascadero Planning
Commission to be consistent with the General Plan;
THEREFORE, be it resolved that the Council of the City of
Atascadero does hereby:
Section 1: Execute a Deed, granting all of its right, title, and
interest to that certain real property, located in
the City of Atascadero, fully described in Exhibit A
attached to this Resolution, to the County of San
Luis Obispo, a Political Subdivision of the State of
California.
Section -2 : The County of San Luis Obispo shall prepare the
appropriate Deed for transfer of subject property.
Section 3 : The Deed shall contain a provision whereby if the
property is ever not used for Public Library
purposes, that it shall revert to the City of
Atascadero, or the successor in interest of the
City of Atascadero.
1
• •
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
DATE:
ATTEST: CITY OF ATASCADERO
BOYD C. SHARITZ MARJORIE MACKEY
City Clerk Mayor
APPROVED AS TO FORM:
ROBERT M JONES
City Attorney
APPROVED AS TO CONTENT:
MICHAEL B. SHELTON
City Manager
? 21
COPYINAILE
1850
County of San Luis Obispo �
COUNTY GOVERNMENT CENTER SAN LUIS OBISPO,CALIFORNIA 93408 (805)549-5011
OFFICE OF THE
July 17, 1986 _ COUNTY ADMINISTRATOR
UL
Mike Shelton, City Manager
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Dear Mike:
I just wanted to update you on the progress of the Atascadero Library. The
project has moved very smoothly, with one exception. The consultants recently
found that in order to stabilize the soil on the property, it will be nec-
essary to place an additional five feet of soil over the building footprint.
It' s expected that this will impact the project financially, however, cost
estimates have not been prepared as yet.
As far as the library schedule goes, Dale Perkins recently completed his final
review of the plans and was very pleased with the results. General Services
will be scheduling a meeting of the full Library committee for their final
review of the plans in the near future. Once this is complete, the final
documents will be sent to the county's Planning Department for checking. It's
expected that if the plan checking process goes smoothly, construction on the
library will begin in October of this year. The new library will open to the
public by April of 1987.
If you have any questions, please don't hesitate to call.
Sincerely,
( Dk#z,d .
DEBBI HOSSLI
Administrative Analyst
c - Sarah Gronstrand
DH:tb
8582u
7-25
ATASCADERO LIBRARY - CONSTRUCT NEW FACILITY #P5346
TENTATIVE SCHEDULE JULY 21 , 1986
April 1986
7- Architects Submit Design Development Drawings
15- Review of Design Development Drawings by General Services, Library
Administration, Friends of The Library, Atascadero City Administration
and County Administration
28- General Services issues a Notice to Proceed with the Construction
Documents
May 1986
1- Review Electrical and Phone installation Plans with Architects and
Electrical Consultants, Louise Rosa, Library Admin. , and General
Services
27- Construction Documents 50% Complete
27-30- General Services Reviews Construction Documents
30- Notice to Proceed with Finalization of Construction Documents
June 1986
18- Soils Report Completed
30- Construction Documents 75% Complete
July 1986
25- Construction Documents Completed �GG= &04 C4W7'6: 7a P"ry
25- August.01- Plan Review by County Building Division
Au ust 1986 `^ h w vz1trc (luGL- ar&,irr4YPL Jlzo Co) °•.� LA7�2G,J
1-g - PIAN CttEG(C. ��✓ISlD�15 �w Tt!'Y poT oN VI44Wrllo��
19- Out To Bid /Ar6GOI r �Gra�?. T1e�J Dv6•�1*_� N G�y1 �5�.
Furniture Plans/Specifications
General Services Administers Bidding Period ,
Rum. it - L ww a Dem Der� Td Ga)nftY ce4'%j0 4 ..Nr�j o�.l — C"
►
September 1986 l��k�79,&2tV'6Gr
22_ Receive Bid Results
Board of Supervisors Reviews Bid Results
October 1986
7- Contractor Submits Insurance Documents and Bonds
14- Notice to Proceed (22 Week Construct Contract)
Furniture Requisitions for Quotations
November
Furniture Quotes Received and Awarded
v
December
22- Building 50% Complete
Feburary 1987
Construction Continues with Site Improvements
March 1987
Library Furnishings Installed
10- Construction Substantially Complete (with no delays)
16- Construction Touch-Up Items Complete
16-24- City Give Occupancy Use Permit and Final Approval
24- Move Library Staff/Books/Equipment to New Library
April 1987
11- Library Opens
21- Board Closes Project Out
J's/6248o/ARCH 3
�( r Resolution 96-86 •
EXHIBIT A
PARCEL 1:
LOT 2 IN BLOCK WA OF ATASCADERO, IN THE CITY OF ATASCADERO, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED
OCTOBER 21, 1914 IN BOOK 4, PAGE 1 ET SEQ. , OF MAPS, RECORDS OF
SAID COUNTY.
EXCEPTING THEREFROM THE NORTHWESTERLY 60 FEET OF THE NORTHEASTERLY
100 FEET OF THE SOUTHWESTERLY 130 FEET MEASURED FROM THE CENTERLINE
OF ATASCADERO AVENUE, AS GRANTED TO ALEC B. COMBS AND GRACE L. COMBS,
IN A DEED RECORDED JANUARY 20, 1981 IN BOOK 2299 PAGE 601 OF. DEEDS.
EXCEPTING THERFROM ALL STREETS, ROADS AND ALLEYS AS SHOWN ON THE MAP
ABOVE REFERRED TO.
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES
IN, UNDER OR UPON SAID LAND, WITHOUT THE RIGHT, HOWEVER, TO PROSPECT
FOR, OR TAKE THE SAME FROM SAID LAND WHILE SAID LAND IS BEING USED FOR
RESIDENTIAL AGRICULTURAL OR HORTICULTURAL PURPOSES, AS RESERVED BY THE
COLONY HOLDING CORPORATION, IN DEED RECORDED 14ARCH 22, 1916 IN BOOK 108,
PAGE 207 OF DEEDS.
PARCEL 2:
THAT PORTION OF LOT 4 IN BLOCK WA OF ATASCADERO, IN THE CITY OF ATAS-
CADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP
RECORDED OCTOBER 21, 1914 IN BOOK 4 , PAGE 30. OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MORRO AVENUE BEING THE MOST
SOUTHERLY CORNER OF SAID LOT 4;
THENCE NORTH 31. 48 ' WEST ALONG THE WESTERLY LINE OF SAID LOT, 224. 5
FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND DESCRIBED IN THE DEED
TO JULIA A. WILLSON, RECORDED MAY 18,1917 IN BOOK 114 , PAGE 377 OF
DEEDS;
THENCE SOUTH 76 401 EAST ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED
IN SAID DEED, 159.16 FEET TO THE CENTERLINE OF MORRO AVENUE;
THENCE SOUTH 13 201WEST ALONG SAID CENTER LINE, 158. 42 FEET TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA, RECORDED JULY 14 ,1961 IN BOOK 1133 , PAGE 74 OF
OFFICIAL RECORDS.
ALSO EXCEPT THERFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES
IN, UNDER OR UPON SAID LAND WITHOUT THE RIGHT, HOWEVER, TO PROSPECT
FOR, OR TAKE THE SAME FROM SAID LAND WHILE SAID LAND IS BEING USED FOR
RESIDENTIAL, AGRICULTURAL OR HORTICULTURAL PURPOSES, AS RESERVED BY
THE COLONY HOLDING CORPORATION IN DEEDS RECORDED APRIL 21, 1915 IN
BOOK 106 , PAGE 529 OF DEEDS AND RECORDED SEPTEMBER 13, 1918 IN BOOK
119, PAGE 511 OF DEEDS.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING WITHIN THE LINES OF MORRO
AVENUE AS SHOWN ON SAID MAP.
D*NG AGENDA
8/11/86 A-11
• MEMORANDUM
TO: Council
THROUGH: Mike Shelton, City Manager
FROM: Paul M. Sensibaugh, Director of Public Works/City Engineer
SUBJECT: Resolution No. 94-86 to Prohibit Parking on a portion
of Navajoa Avenue
DATE: August 5, 1986
Recommendation:
The Traffic Committee recommends establishing a No Parking area
at the curb in the rear of the Atascadero Center business complex
on Navajoa Avenue. Staff recommends passage of Resolution 94-86.
Background:
When Atascadero Center was constructed they were required to
install road improvements which included curb, gutter and sidewalk
• at the rear of the center on Navajoa Avenue. The opposite side of
Navajoa is residential therefore has no requirement for the
installation of curb, gutter and sidewalk. Due to this condition
there is insufficient width at this time to allow on-street parking
at the rear of Atascadero Center .
Discussion:
The Committee, upon a citizen request, visited the site and
have based their approval on personal observations. There has
been one accident here since the curb was constructed.
Fiscal Impact:
The cost for this improvement will be approximately $75.00
to be paid out of the street budget.
PMS/vjh
RESOLUTION NO. 94-86
RESOLUTION OF THE COUNCIL OF THE CITY
OF ATASCADERO DESIGNATING A NO PARKING ZONE
ON NAVAJOA AVENUE
WHEREAS, Section 4-2. 1101 et sequence of the Atascadero Municipal
Code allows the City Traffic Engineer to determine the location of
No Parking areas, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Atascadero Traffic Committee has recommended that
prohibiting parking on Navajoa Avenue for 125 lineal feet at
Lot 24, Block RB, will relieve a hazardous traffic condition.
NOW THEREFORE, BE IT RESOLVED that the City of Atascadero
directs the City Traffic Engineeer to place and maintain appropriate
signs or markings indicating a NO PARKING AREA on Navajoa Avenue
for 125 lineal feet at Lot 24 , Block RB.
On Motion by , and seconded by
the foregoing Resolution is hereby adopted in
its entirety on the following roll call vote :
AYES:
NOES:
ABSENT:
ATTEST:
BOYD C. SHARITZ, City Clerk MARJORIE MACKEY, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ROBERT M. JONES, City Attorney PAUL M. SENSIBAUGH,
Director of Public Works/
City Engineer
17 IMC, A 7,NIDA
AT 8/11/86 =�a B-1
i
M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City Manager ,
FROM: Henry Engen, Community Development Director dvi
SUBJECT: Appeal of Planning Commission denial of time extension for a
conditional use permit for a 114 unit motel complex (Condi-
tional Use Permit 6-85 : Campbell Holdings - 8870 West
Frontage Road)
BACKGROUND:
On July 21, 1986, the Planning Commission conducted a public hearing
on the above-referenced appeal, unanimously denying the request as
outlined in the attached staff report, which included the City Attor-
ney' s opinion that the facts in this instance precluded the Commission
• from granting the appeal.
Dwayne Schultz with Campbell Holdings, appellant, stated that it was
his organization's understanding that the building permit was good for
a year and would not expire until September of this year.
STATUS OF BUILDING PERMIT:
A building permit was applied for on September 30, 1985 and correction
lists mailed on November 22, 1985. No subsequent activity has oc-
curred with respect to the building permit. Under the Uniform Admin-
istrative Code, building permit applications expire 180 days after the
date of application if no permit is issued (unless an extension of a
maximum of 180 more days is granted upon request of the applicant) .
Hence, the building permit expired in March, 1986 and the conditional
use permit expired April 15, 1986.
RECOMMENDATION:
Denial of the appeal based upon the following findings: (1) the re-
quest for a time extension was not received in a timely way; and (2)
substantial progress, as required by the Ordinance, was not made.
ALTERNATIVE:
The Council could uphold the appeal and extend the expiration date of
• the use permit to April 15, 1987. However , to have practical affect,
the Council would also have to direct a time extension for an addi-
tional 180 days for the building permit, which would give the appli-
cant until September 26th to have a permit issued. Application for a new
2
building permit would be subject to the $.50 tax and July 1, 1986
Development Impact Fees.
HE:ps
ATTACHMENTS: Appeal Letter from Appellant - July 22, 1986
Planning Commission Staff Report- July 21, 1986
Planning Commission Minutes Excerpt - July 21, 1986
CC: Campbell Enterprises
H
CAMPBELL HOLDINGS
2701 E. CHAPMAN AVENUE, SUITE 210•P.O. BOX 3920•FULLERTON, CALIFORNIA 92631 •(714) 773-0555
July 22, 1986 OMML3K'_- ' ""C
Dry Et-OpMEN 3 t98�
RECEIVED -
Mr. Henry Engen
Planning Director
City of Atascadero
Administrative Building
6500 Palm
Atascadero, CA 93422
RE: CUP 6-85/Appeal of Planning Commission Denial
Dear Mr. Engen:
Enclosed please find our check ,in the amount of $100.00 to
place our appeal on the calendar of the City Council August 11,
1986. The purpose of the appeal is to seek City Council relief
from the denial by the Planning Commission on July 21 of our
appeal concerning the extension of CUP 6-85.
We appreciate your cooperation in this matter. Please provide
us with an agenda of the August 11th hearing at your earliest
convenience.
Very truly yo rs,
-Dan N. Baker
For The Partnership
DNB: sf
Enclosure
City of Atascadero Item:—B-4
STAFF REPORT
FOR: Planning Commission Meeting Date: 7/21/86
BY: Henry Engen, Community Dev. Director File No: CUP 6-85
Project Address: 8870 West Frontage Road
SUBJECT:
Appeal of denial of time extension for a conditional use permit for a
114 unit motel complex.
BACKGROUND:
On April 15, 1985, the Atacadero City Council, acting as Planning
Agency, approved a use permit to establish a 123.5 square foot, 40
foot high freeway sign in conjunction with a 114 unit motel complex.
The effective date of the use permit was April 15, 1985 with the
standard condition that it would expire one year from the date of
final approval unless a time extension were granted.
On July 2, 1986, Mr. Jack Campbell appealed the letter sent by the
Community Development Director on June 26, 1986 denying the extension
request because it was not received within the time period required by
the Zoning Ordinance (see attached communications) . In their letter
of appeal, the appellants note that delays have been necessitated by
recordation of a related parcel map, and they have also been seeking
to schedule their development in relation to the Madrid Plaza project.
They note that the new development impact fees would add approximately
$62,000 to the cost of their project and, perhaps, make it
uneconomical.
ANALYSIS:
Facts of this situation are as follows:
1) Condition of a royal - As indicated in the attached conditional
use permit conditions of approval:
"This conditional use permit shall expire one year from the date
of final approval unless all conditions are satisfied and the pro-
ject shows substantial progress, or unless an extension is granted
pursuant to Section 9-2.118 of the zoning ordinance. "
Hence, the permit expired on April 15, 1986.
2) Zoning language - The attached excerpt from the pertinent sec-
tion of the Zoning Ordinance enables the Community Development
Director to grant a one year extension stating further :
it
RE: CUP 6-85 (Appeal of denial of time extension)
"Such extension shall be requested in writing on or before the
date of expiration of the entitlement. "
The formal request for a time extension was dated June 24, 1986,
two months after the permit expired, which led to the Department
response of June 26, 1986.
3) Zoning appeals criteria - As indicated in the attached zoning
excerpts, decisions of the Community Development Department (or
Planning Commission) may be appealed by "an applicant or any
aggrieved person . . . .the hearing body may affirm, affirm in part,
or reverse the action, decision, or determination which is the
subject of the appeal, based upon findings of fact regarding the
particular case. Such findings shall identify the reasons for the
action on the appeal, verify the compliance or noncompliance of
the subject of the appeal with the provisions of this Title. "
ISSUE:
The issue is not whether the motel is a "good" project but whether
their request for a time extension can be honored after the permit
has expired. As indicated in the attached opinion from the City At-
torney, Robert M. Jones, neither the Department nor the Planning Com-
mission has the discretion to grant an extension given the facts in
the case and the provisions of the Ordinance. As noted, however , de-
nial of the appeal by the Planning Commission may be appealed to the
City Council.
RECOMMENDATION:
Deny the appeal based upn the following findings: (1) the request for
a time extension was not received in a timely way, and (2) substantial
progress, as required by the Ordinance, was not made.
HE:ps
ATTACHMENTS: July 2, 1986 Letter of Appeal
July 10, 1986 City Attorney' s Opinion
June 26 , 1986 letter from the Community Development
Director denying time extension
Zoning Excerpt Extension of Entitlement
Zoning Excerpt - Appeals
June 24, 1986 letter requesting time extension
April 19, 1985 transmittal of approved CUP
Location Map
Site Plan
2
H RECEIVED ,; '_ 3 6
CAMPBELL HOLDINGS
2701E. CHAPMAN AVENUE, SUITE 210•P.O. BOX 3920 •FULLERTON, CALIFORNIA 92631 • (714) 773-0555
July 2, 1986
Chairman, Atascadero Planning Commission
c/o Mr. Henry Engen, Planning Director
City of Atascadero
Administrative Building
6500 Paiina
Atascadero, California 93422
RE: CUP 6-85/Appeal of Extension Denial
Honorable Chairman:
On June 24, 1986, we discovered that the CUP granted in April,
1985, had expired. We immediately wrote Mr. Engen, your
Planning Director, citing extenuating circumstances and re-
quested an extension of the CUP. Mr. Engen advised us that
pursuant to certain city ordinances he could not grant an
extension of our CUP. We are, therefore, requesting that your
commission hear our appeal of Eir. Engen' s denial.
Our appeal is based upon the single fact that if this project
is to proceed at all, an extension of our previously granted CUP
should be granted. We have been diligently pursuing this
project since the granting of the original CUP. I have attached
a copy of our June 24, 1986, letter to Mr. Engen which explains
soi:ie of our problems. Additionally, a parcel map has stili not
been recorded as of the date of this letter, therefore, pre-
venting closing of our escrow. The multiple agencies involved
still have not given all the OK' s necessary to proceed.
Quite realistically, among other reasons, we are requesting the
extension of the existing CUP in order to avoid new fees imposed
by your City which will have an extreme negative impact on this
projects viability. Your new fee schedule will add approxi-
mately a $62, 000. 00 cost to this project. That added burden
will make the project highly questionable. One of our economic
considerations is the ability to coordinate much of our grading
and engineering wort: with the i,iadrid Plaza project. Our ability
to use many of the same sub-contractors has a significant
Chairman, Stascadero Planning Commission
July 2, 1986
Page 2
economic impact on the viability of the project. If we are
delayed by the need to process a new CUP, we will lose much of
that economic advantage. We are advised Madrid Plaza will
commence their dirt work approzimately 30 days after the City
Council approval of the Parcel Map.
Please keep in mind this is a budget motel project so we cannot
arbitrarily raise room rates to affect these added costs. Our
feasibility studies have indicated a strong market for a budget
motel project in your community, but obviously it must be eco-
nomically feasible. As a last comment, I would suggest that
consideration be given to the fact that this project, if
developed, will generate occupancy and sales taxes over the
years far in excess of the fees your new schedule now requires.
Please place our appeal on your earliest meeting agenda.
ncerely,
Jack B. ampbell
Managing Partner
JBC: sf
Enclosure
cc: Steve Pybrum
M E M O R A N D U M
TO: Henry Engen
Community Development Director
City of Atascadero
FROM: Robert M. Jones
City Attorney
SUBJECT: Condition To Use Permit 6-85
Appeal Of Time Extension Denial
DATE: July 10 , 1986
At you request , I have reviewed the documents relating to the Request
for a time extension on Conditional Use Permit 6-85 , your Denial of
the time extension and the Appeal of your Denial.
§9-2. 118 (a) of the Atascadero Municipal Code allows the Planning
Director to grant a one year extension to a time limit for any enti-
tlement where, ". . . such extensions shall be requested in writing on
or before the date of expiration of the entitlement "
Since the Planning Director in this matter has no authority to grant
the extension due to the fact that the request was submitted in
writing more than two months after its expiration, the only alternative
for the applicant is to Appeal to the Planning Commission.
§9-2.11 (b) allows the Planning Commission to grant an extension
but only if , ". . . when the applicant has filed a written request with
the Planning Department on or before the date of expiration of the
initial extension . . . ".
Thus is appears that neither the Planning Director nor the Planning
Commission has jurisdiction to grant an Appeal since the request for
time extension was not timely.
I would therefore recommend Denial of the request for extension and
allow the Appeal to be taken to the City Council.
The reasons given by the applicant for. an extension of time on the
Conditional Use Permit may be considered reasonable, however, such
applicat-ions must be made in a timely manner. There just is no author-
ity for either the Community Development Director or the Planning
Commission to waive this strict requirement.
Robert M. Jones
ADMINISTRATION BUILDING S • CITY ATTORNEY
POST OFFICE BOX 747 - POST OFFICE BOX 606
ATASCADERO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423
PHONE: (805) 466-8000 PHONE: (805)466-4422
CITY COUNCIL taseadea®
CITY CLERK POLICE DEPARTMENT
40 CITY TREASURER INCORPORATED JULY 2, 1979 POST OFFICE BOX IA
ATASCADERO,CALIFORNIA 93423
CITY MANAGER APHONE: (805) 466-8600
ADMINISTRATIVE SERVICES DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT
PARKS AND RECREATION DEPARTMENT 6005 LEWIS AVENUE
ATASCADERO,CALIFORNIA 93422
_«+-• PHONE: (805) 466-2141
June 26, 1986
Mr. Dan N. Baker
Campbell Holdings
2701 E. Chapman Avenue, Suite 210
P.O. Box 3920
Fullerton, CA 92631
SUBJECT: Conditional Use Permit 6-85 - Request for time extension
Dear Mr. Baker:
We are in receipt of your letter of June 24th and regret to inform you
that it was not timely with respect to providing for an extension of
your conditional use permit.
The permit was approved on April 15, 1985 and, as you note, Condition
#14 states: "This conditional use permit shall expire one year from
the date of final approval unless all conditions are satisfied and the
project shows substantial progress, or unless an extension is granted
pursuant to Section 9-2.118 of the Zoning Ordinance. "
I have enclosed a copy of the referenced section and would have to
note further that substantial site work is defined elsewhere as work
where construction permits have been obtained and construction has
begun.
The Ordinance is clear in requiring a new use permit before you may
commence. We would be pleased to assist you in facilitating this ap-
proval. Please contact us if you need any further information.
Sincerely,
Henry E gen '1194
Community Development Director
. HE:ps
Enclosure: Zoning Ordinance excerpt
y,, 'eol
TC44916 N a
ADOPTED JUNE 27, 1983 T j TLC MENT
(a) Buildings are completed in accordance with Section 9-2.115
Project Completion) ; and
(b) The Planning Director determines that such buildings can
function safely in advance of the completion of the lacking
site improvements; and
(c) The improvements remaining to be completed are guaranteed as
set forth in Section 9-2.122 (Guarantees of Performance) .
9-2.118. Extension of Entitlement.
(a) Initial Extention. The Planning Director may grant a one
L1) year extension to the time limit for any entitlement
(Section 9-2.113) . _Such extension shall be requested in
writing on or before the date of expiration of the entitle-
ment. ThePlanning irector shall grant an extension only
after finding that:
(1) There have been no changes to the provisions of the Gen-
eral Plan or zoning regulations applicable to the pro-
ject since the approval of the entitlement; and
(2) There have been no changes in the character of the site
or its surroundings which affect how the standards of
the General Plan or zoning regulations apply to the
project.
Disapproval of a requested extension by the Planning Director
may be appealed to the Planning Commission as set forth in
Section 9-1.111 (a) (Appeal - Planning Department Actions) .
(b) Continuing Extentions. The Planning Commission may grant
additional extensions after an initial extension, provided
that each such extension shall not exceed one (1) year. Con-
tinuing extension may be granted when the applicant has filed
a written request with the Planning Department on or before
the date of expiration of the initial extension, and provided
that the Planning Commission makes the following findings:
(1) That substantial site work could not be completed as set
forth in Section 9-2.114 because of circumstances beyond
the control of the applicant; and
(2) The findings specified in Section 9-2.118 (a) .
9-2. 119. Lapse of Entitlement. In the event that any of the cir-
cumstances listed in this Section occur, an entitlement shall be
deemed to have lapsed. No use of land or structure, the entitlement
for which has lapsedPursuant- to this Section, shall be reactivated,
re-established, or used unless a new entitlement is first obtained.
�� 2-14
ZONING Act -4PT• APPEAL
ADOPTED JUNE 27, 1983 -
L\
(S) In the event that a proposed use is found by the Plan-
ning Director (or by the Planning Commission or City C - 1
Council in an appeal) , to be not equivalent to any
listed use, the proposed use shall not be allowed.
9-1.110. _Public Hearings: When a public hearing before the Plan-
ning Commission or the City Council is required by this Title, such
hearing shall be conducted as follows:
(a) Notice of Hearing: Notice of a public hearing shall
include the time and place of the hearing, a general descrip-
tion of the request, the location of the site, and any addi-
tional information which the Planning Director deems appro-
priate. Such notice shall be given at least ten (10) days
before the hearing by first class mail with postage prepaid
to all persons whose names and addresses appear on the last
equalized )assessment roll as owning property within three
hundred' teet from the exterior boundaries of the parcel which
is the subject of the hearing. Such notice shall also be
published at least once at least ten (10) days before the
hearing in a newspaper of general circulation, published and
circulated in the City, or if there is none, it shall be
posted in at least three public places in the City.
(1) If the number of notices required is greater than 1,000,
as an alternative to the notice required by 9-1.110 (a) ,
such notice shall be given at least ten days prior to '
hearing by placing a display advertisement of at least
one-fourth page in a newspaper of general circulation in
the City or by placing an insert with any generalized
mailing by the City, such as billing for City services,
to property owners in the area required to be notified.
(2) Persons filing a written request to receive any such no-
tice shall be given notice by first class mail. A fee
may be charged to recover the cost of such mailing.
(b) Scheduling of Hearing: When an application has been ac-
cepted as complete for processing, received staff review, and
a recommendation on the Environmental Determination or Envir-
onmental Impact Report has been completed, it shall be sched-
uled for public hearing on the next available Planning Com-
mission agenda reserved for such matters. Appeals shall be
scheduled on the Planning Commission or City Council agenda,
as applicable, within thirtl3�days of receipt of the a-p=
Peal. A public hearing on an application or appeal may be
continued to a date specific without providing additional
notice.
9-1. 111. Appeal: Decisions of the Planning Department or Plan-
ning Commission may be appealed by an applicant or aniaggrieved Qer-
son, including the Planning_Commission and the City Council, and indi-
vidual members thereof. _An_ shall be filed in the form of a
1-6
ADOPTED JUNE 27, 1983
appeal.letter setting forth the reasons for the ao
� �p An appeal shall be
accompanied by any fees required. Appeal fees shall not be required
for appeals initiated by the Planning Commission or the City Council.
When an appeal has been filed, the Planning Director will prepare a
report on the matter and schedule the appeal for consideration by the
appropriate body within thirty (30) days ofr-e—c-e-lEpT of the appeal.
The nearing body may affirm, affirm in part, or reverse the action,
decision or determination which is the subject of the appeal, based
upon findings of fact regarding the particular case. Such findings
shall identify the reasons for the action on the appeal, and verify
the compliance or non-compliance of the subject of the appeal with the
provisions of this Title. Appeals relating to- matters which are re-
solvable through adjustment, variance or amendment of this Title,
shall be processed according to the procedures of Section 9-1. 112,
9-1.113, 9-1.114 and 9-1.115, respectively.
(a) Planning Department Actions: Determinations on the meaning
or applicability of the provisions of this Title which are
believed to be in error, and cannot be resolved with staff,
and any decision of the Planning Department to approve or
deny an application may be appealed to the Planning Commis-
sion. The Planning Department shall provide the Planning
Commission and City Council with notification of its actions.
Appeals shall be filed with the Secretary of the Planning
Commission withingVourteen days after the decision of the
Planning Department. The appeal will be decided by the Plan-
ning Commission following a public hearing conducted in ac-
cordance with Section 9-1.110 (Public Hearing) .
(b) Planning Commission Decisions: Any decision of the Plan-
ning Commission may be appealed to the City Council by filing
a letter of appeal with the City Clerk within fourteen (14)
days of the action of the Planning Commission. The Planning
Department shall provide the City Council with notification
of Planning Commission actions. Appeals will be decided by
the City Council following a public hearing conducted pursu-
ant to Section 9-1.110 (Public Hearing) .
9-1.112. Adjustment:
(a) When Allowed: When a standard of Chapters 9-4 or 9-6
identifies specific circumstances under which reduction of
the standard is appropriate, an applicant may request an ad-
justment to the standard.
(b) Application riling and Processing : An adjustment request
shall be filed with the Planning Department as an attachment
to the project application, and shall include appropriate
suppor ing materials. The request shall specify the standard
requested for adjustment and document the manner in which the
proposed project qualifies for the adjustment. A request for
adjustment shall not be accepted for processing by the Plan-
ning Department unless the request is within the range of
adjustments prescribed in the standard. A request for ad-
1-7
u'�
CAMPBELL HOLDINGS
2701 E. CHAPMAN AYEN(!E, SUITE 210•P.O. BOX 3920•FULLER70N, CALIFORNIA 926310(714) 773-0533
June 24, 1986
Mr. Henry Engen
Planning Director
City of Atascadero
Administrative Building
P.O. Box 747
Atascadero, Ca 93423
Re:- Conditional Use Permit 6-85
Dear Mr. Engen:
On behalf of Campbell Holdings, the successor in interest at Campbell
Enterprises, the original applicant on the above described Conditional .
Use Permit, we wish to request an extension of the time in which to
perform under that Conditional Use Permit. As a result of EXTREME
HARDSHIP, caused by delays beyond our control and primarily having to
do with the parcel map and certain other conditions of escrow which
the seller has been attempting to meet, we have been unable to proceed
with'our project within the time frame originally set forth in the CUP
granted on April 15, 1985. Our company does intend to proceed and build
a project as approved by that original CUP.
On September 27, 1985 we did make application for a building permit.
We are still in the process of trying to resolve several problems with
regard to the sight. First of all, the question of water retention
has yet not been resolved because of considerations being given to
adjacent property owners. Additionally, the question of the acceptance
of any water by the Cal Trans has not been resolved and civil engineers
working on the project are still pursuing that resolution.
As I am sure you can see, while we may not have been on the surface
appearing to pursue this project, we are in fact continuing to work
very deligently towards the resolution of many of these problems. For
this reason believe that an extension of the CUP would be appropriate
and in order. It is my belief that if the city's requirements have
not changed significantly and if our project is the same as that one
originally approved, you would have the ability to extend our granted
CUP on the basis of EXTREME HARDSHIP which we now request.
Mr. Henry Engen
June 24, 1986
Page 2
If you have any questions, please contact the undersigned directly.
You may feel free to call collect. We would certainly be willing to
do whatever necessary to accomplish the similar goals.
Very truly y urs,
Dan N. Baker
For The Partnership
DNB:sd
ADMINISTRATION BUILDING / ( CITY ATTORNEY
POST OFFICE BOX 747 !\ l POST OFFICE BOX 749
ATASCADERO.CALIFORNIA 93423
PHONE: (805) 466.8000 ATASCADERO, CALIFORNIA 93423
PHONE: (805) 466.5678
CITY COUNCIL
CITY CLERK ~ govi
D
POLICE DEPARTMENT
CITY TREASURER OFFICE BOX 747
OF
CITY MANAGER INCORPORATED JULY 2. 1979 ATASCADERO,POST STOF CALIFORNIA 93423
FINANCE DEPARTMENT PHONE: (805) 466-8600
PERSONNEL DEPARTMENT
PLANNING DEPARTMENT
PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT
RECREATION DEPARTMENT
6005 LEWIS AVENUE
r.
ATASCADERO,CALIFORNIA 93422
PHONE: (805) 466.2141
April 19, 1985
Campbell Enterprises
2701 E. Chapman Avenue, Suite 210
Fullerton, CA 92631
SUBJECT: CONDITIONAL USE PERMIT 6-85
8870 Frontage Road
To Whom it May Concern:
On April 15 , 1985, the Atascadero City Council, in its capacity
as Planning Agency, conducted a public hearing concerning your
request to establish a 123. 5 square foot, 40 . foot high freeway
sign in conjunction with a 114 unit motel complex. Upon review,
the Planning Agency approved the application subject to the find-
ings and conditions contained in the staff report as modified
with the attached findings and conditions of approval.
Enclosed also find a final notice of approval for the project.
Please feel free to contact the Planning Department if you should
have any questions concerning this matter.
Sincerely,
Q
Henry Engen
Planning Director
HE ps
cc: Colony Associates
Joel Kudler
Denny Jones
Enclosure: Revised findings and conditions - C.U.P. 6-85
Conditional Use Permi - 6-85 (Campbell Enterprises,
EXHIBIT E - Conditional Use Permit 6-85
Findings/Conditions of Approval
April 15, 1985 GF'r=-Vls6:D�>
FINDINGS:
1. The proposed project is an allowable use in the CR zone and is in
conformance with the General Plan.
2. The proposed project substantially complies with the provisions of
Title 9.
3. The establishment of the proposed use and signage as indicated
will not be detrimental to the public, health, safety, or general
welfare.
4. The proposed project and signage will not be inconsistent with the
character of the immediate surroundings and will be compatible to
its orderly development.
5. The proposed project will not generate volumes of traffic which
are beyond the safe capacity of West Frontage, Santa Rosa, and
Portola Roads that would occur from the full development of the
adjacent area in accordance with the Land Use Element of the Gen-
eral Plan.
6 . The signage plan as proposed is in conformance with Section 9-4.
130.
7 . The project will not have a significant adverse impact on the en-
vironment, and preparation of an Environmental Impact Report is
not necessary.
CONDITIONS OF APPROVAL:
1. All conditions of Tentative Parcel Map 3-85 shall be complied with
prior to issuance of any grading or building permits.
2. Curb, gutter, sidewalk , drainage structures, and street paveout
shall be constructed along the full property frontage along West
Front Road prior to occupancy of the buildings.
a. Road improvement plans shall be designed by a registered
cis;il engineer and submitted to the Public Works Department
for review and approval prior to issuance of grading or
building permits.
Conditional Use Permi_ 6-85 (Campbell Enterprises,
3. An in-lieu sewer connection fee of $26 .35 per fixture unit, as
defined in the U.P.C. , shall be due in addition to building permit
fees.
4 . Grading and drainage plans, prepared by a registered civil engin-
eer,
eer, shall be submitted to and approved by the Public Works and
Building Departments prior to issuance of grading or building
permits. Calculations and the design for the detention basin
shall be provided with the above plans.
5. A letter from CalTrans approving the drainage plans and calcula-
tions shall be submitted prior to issuance of grading or building
permits.
6. A report which reviews the sewer line capacity and the effects
upon which the proposed project will have on the existing sewer
lines during peak flow hours shall be reviewed and approved by the
Public Works Department prior to issuance of building permits.
7. Three fire hydrants shall be provided at the following locations:
a. At the landscaped area directly north of the pool and west of
the office/apartment area;
b. At the landscaped area adjacent to the trash enclosure on the
east side of the enclosure at the southwest corner of the
project;
C. At the landscaped area at the southeast corner of Building A
east of the exit stairway.
The above hydrant locations shall be indicated on the site plan.
8 . Landscaped areas at the front of the project shall be rounded off
to allow for an adequate turning radius (28 feet inside, 48 feet
outside) for access roadways.
9 . Landscape and irrigation plans shall be submitted and approved
prior to issuance of grading or building permits. Said plans
shall be in conformance with Section 9-4.124. The following items
shall be provided for :
a. 10% of the parking area is to be landscaped.
b. A six inch high AC or concrete curb is to enclose the land-
scaped areas.
C. The pool fence shall have self-latching gates.
10 . The site plan should incorporate the 22 compact car spaces at the
front and rear of the project to provide landscape buffer areas.
:,iii
Conditional Use Permi- 61 (Campbell Enterprises,
11. All handicapped spaces shall be appropriately posted as per Sec-
tion 9-4.115 (c) .
12. The parking area which abuts the residential zone in the rear of
the parcel shall provide a six foot high solid landscape strip or
solid fence.
13. The signage plan is approved as shown on Exhibit C. Any new sign-
age beyond this plan shall be by appropriate permit procedure as
established in Section 9-4. 130 .
14. This conditional use permit shall expire one year from the date of
final approval unless all conditions are satisfied and the project
shows substantial progress, or unless an extension is granted pur-
suant to Section 9-2. 118 of the Zoning Ordinance.
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ENTERPRISFS
Minutes - Planning Commission - July 21, 1986
AYES: Commissioners Hatchell, Michielssen, Nola , and
Acting Chairman Bond
NOES: Commissioners Kidwell and Kennedy
ABSENT: Chairman LaPrade
3. Tentat a Parcel Map 18-86 :
Request bmitted by Gordon T. Davis win Cities Engineer-
ing) to a ow subdivision of 10.37 acres into two parcels of
5.0 acres ea Subject propert is located at 11505 Santa
Ana Road, also nown as Lot 25 f Block 27.
Mr. Decamp presented the staff r ort on this matter recommending
conditional approval, an n ed a revision to Condition #5 con-
cerning a dedication of slo easements along Santa Ana Road.
In response to question om Co issioner Nolan, Mr . DeCamp noted
that the slope easemen will not fect any building setbacks.
Tom Vaughan, with in Cities Engineer ' g, representing the appli-
cant, concurred th the recommendation d revised condition #5.
There was no ublic testimony given.
MOTION: ade by Commissioner Michielssen, secon d by Commis-
sioner Kidwell and carried unanimously to prove Tenta-
tive Parcel Map 18-86 subject to the findi s and condi-
tions contained in the staff report with modi cation to
condition #5 to read:
"5. There shall be a dedication of slope easements long
Santa Ana Road as determined by the City Enginee . "
4. Appeal of Denial of Time Extension for Conditional Use Per-
mit 6-85:
Appeal submitted by Campbell Holdings of the Community Devel-
opment Director ' s decision to deny a time extension. Subject
property is located at 8870 West Frontage Road.
Mr. Engen presented the staff report and City Attorney' s opinion
and summarized the background involved with the original approval
of a request to establish a freeway sign in conjunction with a 115
unit motel complex. He explained the appellant' s concern that
delays have been necessitated by recordation of a related parcel
map and. that they desired to scheduled their development in rela-
tion to the Madrid Plaza project. It was also noted that the new
development impact fees would add approximately $62, 000 to the
cost of the project.
4.
Minutes —Planning Commission - July 21, 1986
In response to question from Commissioner Michielssen, Mr. Engen
explained that the purpose of the use permit was for establishment
of a freeway sign which, in turn, incorporated approval for the
overall project. Commissioner Michielssen referenced the $62,000
for building permit fees and asked for clarification as to what
these fees would cover.
Dwayne Schultz with Campbell Holdings, appellant, felt the facts
were stated correctly and noted that it was their understanding
that the building permit was good for a year and would not expire
until September. Mr. Engen added that the building permit was not
valid if the use permit had expired, and that a building permit
had not, in fact, been issued for the project.
There was no public testimony given.
MOTION: Made by Commissioner Hatchell, seconded by Commissioner
Kennedy and carried unanimously with a roll call vote to
deny the request for a time extension for Conditional Use
Permit 6-85.
C. EW BUSINESS
1. Consideration of study areas for General Plan Amendme s for
cle 1 of 1986.
Mr. DeCam resented the staff report concerning the applications
for this cle with respect to consideration of ditional study
areas, and ad d that the recommendation will be o process zoning
ordinance text a /or map amendments concurren y with the corres-
ponding General P1 amendments. He then roceeded to briefly
describe each of the pplications.
Commissioner Michielssen sked if it w ld be appropriate to add
a piece of property to tudy are 2B which is zoned Commercial
Tourist on the o
therid
s e of e F eway (southwest corner of San-
ta Barbara Road) . Discussion owed. It was the Commission' s
general consensus that this p perty should be included in the
study area.
Upon conclusion of the d cription of t general plan amendments
and proposed study a as, discussion en ed among the Commission
with respect to gene al comments and clarifi ations.
Rex Hendrix, app cant, referenced GP 2B-86 con erning inclusion
of the. acrea on the west side of the freewa in this study.
He did not f 1 this property is logical to include inly because
of the E. I . costs involved; he did not think it wa feasible.
Acting airman Bond asked if the cost of the E. I .R. would be
assess to this piece of property, to which Mr . DeCamp a lained
that no, the E. I.R. cost will be borne by the applican for
Ge ral Plan Amendment 2B-86 and elaborated on how the proce e
r this would work.
5
' .; G AG7`JDA
8/11/86 B--2
----------
M
---M E M O R A N D U M
TO: City Council August 11, 1986
VIA: Michael Shelton, City Manager
FROM: HenryEngen, Community Development Director
�.
SUBJECT: Proposed Business License Ordinance (Ordinance 138 Second
Reading) and Proposed Resolution Amending Business License
Fees (Resolution No. 95-86)
BACKGROUND:
At the City Council meeting held July 28, 1986, a ' comprehensive re-
write of the business license ordinance passed on first reading. Bus-
iness license fees were established by Resolution No. 108-85 adopted
on September 23, 1985. Experience in administering the revised fees
together with analysis of the new business license ordinance shows a
• need to amend the fee resolution to provide for clarification of some
fees together with setting fees for procedures not covered by the old
resolution.
AMENDED FEE RESOLUTION ANALYSIS:
The following is a summary of the basis for the fees reflected in the
attached resolution:
Solicitors, Peddlers, Vendors - Clarification is provided that
fees are $50 for the first day (not per day as reflected in
the existing resolution) .
Professional Firm .- Currently, the resolution reads a $50 fee
for "profession and services-oriented" firms. It lacks provision
for fees for employees which is the standard for other business
activities.
Rummage/Parking Lot/Garage/Yard Sale Revision to this language
clarifies that such sales are limited to two days.
Home Occupation- The current fee is $25 for sole proprietor-
ships and there is no provision for a $10 fee for any employees
which may be permitted by an adjustment under the Zoning Ordi-
nance. Although there are not very many home occupations with
outside employees, it appears logical to establish a $10 charge/
• such employee in the interest of equity.
Transfer Fees - Fees for changes 'n location business g i , name, or
name of partner are proposed.
Background Checks There are some 18 specific business licenses
which require special background checks by the Police Department
(ranging from circuses to fortune telling) and the extra charge
required for same should be recovered.
Separate Businesses - The proposed resolution provides that
where there are separate businesses at one location, a flat rate
of $50 for each additional business be charged.
RECOMMENDATION:
A) Passage of Ordinance No. 138 on second reading; and
B) Passage of Resolution No. 95-86 providing for amendment to the
business license fee resolution.
HE:ps
Enclosures: Draft Ordinance No. 138
Proposed Resolution No. 95-86
ORDINANCE NO. 138
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 5 OF TITLE 3 OF THE ATASCADERO
MUNICIPAL CODE AND REPEALING CHAPTER 21 OF THE SAN LUIS
OBISPO COUNTY CODE AND DELETING IT FROM TABLE 4 OF THE
ATASCADERO MUNICIPAL CODE, AND DELETING THE PRE-EXISTING
LANGUAGE IN SECTION 3-5.01 AND 3-5.02 OF THE
ATASCADERO MUNICIPAL CODE (BUSINESS LICENSE ORDINANCE)
The Council of the City of Atascadero does ordain as follows:
Section 1. Chapter 5 of Title 3 of the Atascadero Municipal
Code is amended to delete the existing Chapter 5, Title 3, and replac-
ing it to read as indicated in the attached Exhibit A, which is hereby
made a part of this ordinance by reference.
Section 2. Severability.
If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision
shall not effect the validity of remaining portions of this chapter.
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 this City.
Section 4. Effective Date.
This Ordinance shall go into effect and be in full force and ef-
fect at 12:01 a.m. on , 1986.
The foregoing ordinance was introduced on July 28, 1986 and adop-
ted at a regular meeting of the City Council held on 1986.
On motion by Councilmember , and seconded by Coun-
cilmember , the foregoing ordinance is hereby adopted
in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
r.
�,h
DATE ADOPTED:
CITY OF ATSACADERO, CALIFORNIA
By:
MARJORIE MACKEY, Mayor
ATTEST:
BOYD C. SHARITZ, City Clerk
APPRO D S 0 CONTENT:
MICHAEL SHELTON, City Manager
APPR0 D AS TO FORM:
RO ER NES, City Attorney
PREPARED BY:
HENRY EN1jN, Comm nity Development Director
t�+
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• 0
EXHIBIT "A"
BUSINESS LICENSE ORDINANCE
Chapter 3-5 . 01
GENERAL PROVISIONS
Sections :
3-5 . 01 . 01 - Deputies
3-5 . 01 . 02 - Misdemeanor to engage in designated activity without
a license
3-5 . 01 . 03 - Separate activities
3-5. 01 . 04 - Activity confined to location specified
3-5 . 01 . 05 - Fictitious names
3-5. 01 . 06 - False Statements
3-5 . 01 . 07 - Issuing Agencies
3-5 . 01 . 08 - Violation - Penalty
3-5 . 01 . 09 - True names on reports
3-5 . 01 . 10 - Zoning clearance
3-5 . 01 . 11 - Purpose
3-5 . 01 . 01 - Deputies : Whenever, by the provisions of this title ,
a power is granted to a public officer or a duty imposed upon such
officer, the power may be exercised or duty performed by a deputy of
the officer or by a person authorized pursuant to law by the officer,
unless it is expressly otherwise provided.
3-5 . 01 . 02 - Misdemeanor to engage in designated activity without
a license: Every person who engages in, conducts , manages , or carries
on any usiness , exhibition, occupation, or other activity for which
a license is required by this title without first having procured a
license to do so and having paid the fee , if any, for such license , as
provided for in this title is guilty of a misdemeanor. Each day that
such activity continues without a license shall constitute a separate
offense.
3-5 . 01 . 03 - Separate activities : A separate license shall be re-
quire or eac c assi icati.on of siness as defined by Resolution of
this City, when engaged in, conducted, managed, or carried on by a per-
son at the same time that another classification of business is so
engaged in or carried on by that person at the same location.
3-5 . 01 . 04 - Activity confined to location specified: When a
license specifies the location of the activity icense , the licensee
may conduct such activity only at the location specified in the license.
3-5 . 01 . 05 - Fictitious names : A license may be issued pursuant
to this tit e to a corporation duly authorized to transact business
in this state, or to a person operating under a fictitious name who
has complied pl d with all of the provisions of Section 17900 et seq, of
the Business and Professions Code. ' Otherwise, all, such licenses shall
be issued in the true name of the individual or individuals applying
therefore .
Except as provided above, no business so licensed may operate
under any false or fictitious name.
A license issued to a corporation shall designate such corporation
by the exact name which appears in the Articles of Incorporation of
such corporation.
3-5 . 01 . 06 - False statements : Every person who makes any false
statement in the app kation or a permit or license under this title,
or in any report required by this title, shall be guilty of a mis-
demeanor, in addition to which the business license shall be immedi-
ately suspended.
3-5 . 01 .07 - Issuing Aencies : All new business licenses shall
be processedan issue un ss
otherwise indicated in this title , by
the Community Development Department of the City of Atascadero, and
all references in this title to the City Licensing Authority or Is-
suing Agency shall be to it. Annual business license renewals shall
becessed
ro
p by the Finance Department.
-
3 5 . 01 . 08 - Violation Penalty: Any person violating any of the
provisions ot this title or oT any regulation imposed pursuant thereto
shall be guilty of a misdemeanor punishable by such fine or imprison-
ment imposed by the California Penal Code and the Atascadero Municipal
Code. Each person is guilty of a separate offense for every day during
any portion of which a violation of any of the provisions of this title
or of any regulation is committed, continued or permitted by such person,
and it shall be punishable therefore as provided by this title.
3-5 . 01 . 09 —True names on reports : Every person making out any
report or recorcl required by t .e terms of this title or any copy
thereof shall sign his true name and give the true name and correct
address of the licensee.
3-5 . 01 . 10 - Zoning clearance: The Issuing Agency shall not issue
any license to carry on any business at a specific location in this
City where such business is inconsistent with the Zoning Ordinance of
this City. The Issuing Agency shall review all applications to verify
compliance with this title as well as the provisions of title Nine of
this code .
3-5 . 01 . 11 - Purpose: The provisions of this title shall be the
minimum requirements for the protection of the public convenience ,
ence ,
safety, health and general welfare.
-2- s4
c
Chapter 3-5. 02
DEFINITIONS
Sections :
3-5 . 02. 01 - Definitions generally
3-5 . 02. 02 - Activity
3-5 . 02. 03 - Business
3-5 . 02. 04 - Business License Administrator
3-5 . 02. 05- Convasser or Solicitor
3-5 . 02. 06 - City
3-5 . 02. 07 - Council
3-5 . 02. 08 - Distributor
3-5 . 02. 09 - Fixed Place of Business
3-5 . 02. 10 - Health Officer
3-5 . 02.11 - Location Owner
3-5. 02 . 12 - Mechanical or Electronic Amusement Devices
3-5. 02 . 13 - Mobile Vending Unit
3-5. 02 . 14 - Operator
3-5 . 02 . 15 - Person or Party
3-5. 02. 16 - Public Arcade Room
3-5 . 02 . 17 - Itinerant Merchants and Itinerant Vendors
3-5 . 02 . 18 - Vending Machines
3-5. 02 .19 - Zoning Ordinance
3-5 . 02 . 20 - Additional Definitions .
3-5. 02. 01 - Definitions FenerallX. As used in this title the words
and terms in this chapter shii have the meanings ascribed to them,
unless from the context a different meaning is clearly apparent .
3-5 . 02. 02 - Activity. "Activity" includes a business , exhibition,
or occupation and also every other activity for which this title requires
a license, whether such activity is a business or occupation or neither.
3-5 . 02 . 03 - Business. "Business" shall mean and include professions ,
trades , vocations , enterprises , establishments , and occupations , and all
and every kind of calling, and any of which is conducted to carry out for
the purpose of earning in whole, or in part , a profit or livelihood,
whether or not a profit or livelihood is actually earned thereby, whether
paid in money, goods , labor , or otherwise, and whether or not the business
has a fixed place of business in the City.
3-5 . 02 . 04 - Business License Administrator. "Business License
Administrator means the manager of the City of Atascadero .
3-5 . 02. 05 - Canvasser or Solicitor. "Canvasser or solicitor" means
any person, whether a resident o t e ity or not , traveling either by
foot , wagon, automobile , motor truck, or any other type of conveyance
from place to place, from house to house, or from street to street , taking
or attempting to take orders for the sale of goods , wares , and merchancise ,
personal property of any nature whatsoever for future delivery, or for
services to be furnished or performed in the future , whether or not such
individual has , carries , or exposes for sale a sample of the subject of
such sale or whether he is collecting advance payments on such sales or
-3- , ,f
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0 9
not; provided that the definition includes any person who for himself
or for another person, firm or corporation hires , leases , uses or
occupies any building , structure , tent , railroad boxcar, boat, hotel room,
lodging house, apartment, shop , or any other place within the City for
the sole purpose of exhibiting samples and taking orders for future delivery.
A canvasser or solicitor, as defined by this section, shall also include
any individual traveling, as aforesaid, from place to place, or from
house to house for the purpose of rendering services or selling goods at
private residences . A canvasser or solicitor includes any individual who
initiates contact in any manner to attend, for the purpose of presenting
his merchandise, product, or services in the home. For license fees
for canvasser or solicitors , see appropriate section.
3-5 . 02 . 06 - City. "City" for the purposes of this title shall mean
the City of Atasca ero.
3-5 . 02 . 07 - Council. "Council" means the City Council of the City of
Atascadero.
3-5 . 02. 08 - Distributor. "Distributor" means a wholesaler or jobber
of goods , wares , mere an ise, or food products .
3-5 . 02 . 09 - Fixed Place of Business . "Fixed place of business" means a
place of business separate and disEin—ct from any other business regularly
kept open by the owner thereof or by his agents or employees at a fixed
location.
3-5. 02. 10 - Health Officer. "Health Officer" means the health officer
of the County or his duly authorized representative.
3-5 . 02 . 11 - Location Owner. "Location owner" means every person not
engaged in the business of selling, renting, or placing on consignment , or
on commission basis , mechanical amusement devices , but who owns , uses , and
operates not more than two such mechanical amusement devices . For license
fees , see appropriate section.
3-5 . 02. 12 - Mechanical or Electronic Amusement Device. "Mechanical or
electronic amusementdevice" means any table, board.--m—a—c-TEne , device, or
apparatus fitted for use by the public, the operation of which is permitted,
controlled, allowed or made possible by the deposit or insertion of any coin,
plate, disc, slug, or key into any slot , crevice, or opening or by the
payment of any fee or fees , and which operates or which may be operated for
use as a game, contest , or amusement , but which table, board, machine ,
device, or apparatus does not contain a pay-off device, and which does not
return or vend any article or merchandise or any money, coin, check or
token. "Mechanical or electronic amusement device" shall not include
phonographs or music machines .
3-5 . 02 . 13 - Mobile Vending Unit. "Mobile vending unit" means any
vehicle which operates from site to site with primary emphasis on transit
while disperding a product or rendering a service on stop-on-demand basis
only and whose use is incidental to the land use and underlying zone. The
vending unit shall be dispatched from a site which is in conformance with
the City's Zoning Ordinance.
-4-
l'�
3-5 . 02 . 14 - Operator. "Operator" means any person engaged in the
business of selling, renting, or placing on consignment , or on commission
basis , mechanical or electronic amusement devices in various locations
within the City, and every person who owns , uses , and operates more than
two mechanical or electronic amusement devices .
3-5 . -02. 15 - Person or Party. "Person" or "party" means and includes
persons as efi-n—e-T in Title 9 of this Code.
3-5 . -02. 16 - Public Arcade Room. "Public arcade room" means and
includes arcades as defined in Title 9 of this Code.
3-5 . 02. 17 - Itinerant Merchants , and Itinerant Vendors . "Itinerant
merchants , an "Itinerant vendors- means any person whether as owner,
agent, cosignee, or employee , whether a resident of the City or not , who
engages in a business of selling and delivering goods , wares , and
merchandise within the City; who, in furtherance of such purposes , hires ,
leases , uses or occupies any building, structure, motor vehicle, tent ,
railroad boxcar, or boat , public room in motels , lodginghouses , apartments ,
shops , or any street, alley, or other place within the City for the
exhibition and sale of such goods , wares , and merchandise.
3-5. 02 . 18 - Vending Machine. "Vending machine" means a mechanical
or electronic apparatus so operated as to sell or deliver merchandise only
the equivalent in marketing value to the face value of the coin or coins
deposited.
3-5 . 02 . 19 - Zoning Ordinance. "Zoning Ordinance" means Title 9 of
this Code.
3-5 . 02 . 20 - Additional Definitions . Further references to words or
phrases or definitions as used in this title shall be made to Title 9
of this Code.
Chapter 3-5 . 03
LICENSING PROCEDURES
Sections :
3-5 . 03. 01 - Form of Application
3-5 . 03 . 02 - Exemptions
3-5 . 03 . 03 - Exemptions from Payment of License Fee
3-5 . 03 . 04 - Issuance Period
3-5 . 03 . 05 - Posting or Display .
3-5 . 03 . 06 - Producing on Demand
3-5 . 03 . 07 - Denial of License or Granting Subject to Restrictions
3-5 . 03 . 08 - Grounds for Denial of License
3-5 . 03 . 09 - Renewal of License
3-5 . 03. 10 - Revocation of License
3-5 . 03 . 11 - Appeal
3-5 . 03 . 12 - Keeping Insurance, Undertaking , etc. in Force and Effect
3-5 . 03 . 13 - Duplicate Licenses
3-5 . 03 . 14 - Transfer of License
3-5 . 03 . 15 - Prerequisite to Issuance of Certain Licenses
3-5 . 03 . 16 - Approval by Agency
-5-
• •
3-5 . 03 . 01 - Form of Application. Every application for a license
required by this title shall be signed by the applicant and shall contain
the following:
(1) The name and mailing address of the applicant . If the applicant -
is a corporation, the name shall be exactly as set forth in its
articles of incorporation. If the applicant is a partnership, the name
and address of each general partner shall be stated. If one or more of
the partners is a corporation, the provisions of this section as to a
corporate applicant apply. The names of all other persons having an
interest in the enterprise;
(2) If the applicant is a corporation, the name and mailing address
of an officer who is duly authorized to accept the service of legal
process ;
(3) The applicant ' s social security number if an individual or
partnership , or the corporate number of the applicant is a corporation;
(4) The driver' s license number if the applicant is an individual;
(5) The telephone number of the applicant;
(6) The name under which the applicant will be doing business ;
(7) The nature of the business •
(8) The exact location of the business or the route or territory
to be covered if no fixed place of business exists ;
(9) The residence of the applicant , or if a corporation, the
principal place of business ;
(10) The name and address of the owner of the premises ;
(11) The name and address of the lessee of the premises ;
(12) The term for which such license is applied;
(13) The amount of the license fee.
3-5 . 03 . 02 - Exemptions . No license shall be required hereunder by
the following:—
(1)
o owing:(1) Any juvenile operating a delivery route for newspapers or any
juvenile under the age of eighteen (18) years who has a valid work
permit issued by authorized school authorities ;
(2) Persons engaged in a business for the sole use and benefit of
charities , religious or educational societies which are exempt from
taxation under the constitution and laws of the State;
(3) Such activities as are preempted under State statutes .
3-5 . 03 . 03 - Exemption from Payment of License Fees . No license
fee shall be payable hereunder by the following:
(1 ) Persons categorically exempt from license charges under Section
16000 et seq. of the Business and Professions Code of the State of
California;
(2) All public utilities as defined by Section 216 of the Public
Utilities Code of the State of California possessing an active (unexpired)
franchise with the City of Atascadero;
(3) Passenger stage corporations as defined in Section 226 of the
Public Utilities Code of the State of California;
(4) Such other and further activities as shall be specifically
exempted by resolution of the City Council of the City of Atascadero.
-6- /
3-5 . 03 . 04 - Issuance Period. Unless otherwise specifically provided,
all license periods are as-7-61—lows :
A. The period of all semiannual licenses shall begin on the first
days of January and July. No license shall be granted or issued for a
period longer than one (1) year from the date of issuance. Other fractional
periods will be considered on an individual basis at the convenience
of the City. Any annual license shall date from the beginning of the
semi-annual period in which the same was issued.
B. Exceptions to this general rule are as follows :
1 . Health-related businesses for which a Health permit is
required shall be issued on a calendar year basis.
2. Licenses for solicitors and canvassers shall expire on the
thirty-first day of December in the year when issued.
3-5 . 03 . 05 - Postinq or Display. Every person, firm, association, or
corporation Having a license under the provisions of this title and
carrying on a business , exhibition, or occupation or activity at a fixed
place of business shall keep such license posted and exhibited, while in
force, in some conspicuous part of the place of business . Every person
having such a license and not having a fixed place of business shall carry
an identification card or badge issued by the Issuing Agency on him at all
times while carrying on the business , exhibition, occupation, activity for
which the same was granted. Whenever a license sticker is required,
such sticker shall be affixed to the vehicle, device, machine, etc. , so
as to be clearly visable.
3-5 . 03 . 06 - Producing on Demand. Every person, firm, association, or
corporation having a license un er the provisions of this title shall
produce and exhibit the same whenever requested to do so by any peace
officer or officer authorized to issue and inspect licenses or collect
the fees therefore. In addition, all solicitors and canvassers including
their agents or employees are required to exhibit their licenses or
permits , as the case may be, at the request of any person.
3-5 . 03 . 07 — Denial of License or Granting Subject to Restrictions .
Before the denial of any license , either new or renewal , or granting any
license subject to restrictions or conditions , unless a hearing already
has been held, the applicant shall be notified in writing of the intent
to deny the license or to grant the license subject to restrictions or
conditions , which restrictions or conditions shall be specified in the
notice, and the applicant may request a hearing before the City Council
within FIFTEEN (15) days after receipt of such notice.
3-5 . 03. 08 - Grounds for Denial of License. A license may be denied
if the applicant has knowingly made a false statement of a material matter
either in his application or in his testimony before the City Council or
other body hearing such testimony concerning the application for or denial
of a license. In addition, a license shall be denied if it doe's not
meet the minimum requirements set forth in Title 9 of this Code.
3-5 . 03 . 09 - Renewal of License. Except as otherwise provided in this
Chapter , every licensee w o as o tained a license pursuant to the
provisions of this title may obtain from the Issuing Agency a renewal of
such license. The Council , Business License Administrator, health Depart-
ment, Police Department , or the Community Development Department may file
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a written notice of the denial of renewal of such license. If a Health
Department permit is required for the enterprise, said permit must be
completed and submitted prior to or at the time of license renewal.
Renewal of a license for a solicitor shall not be issued until the Police
Department approves said renewal.
3-5 . 03. 10 - Revocation of License.
A. All licenses issued under this title shall be issued to and
accepted by all parties receiving the same with the expressed understanding
that the City Council of the City of Atascadero may revoke the same
at any time if satisfied that any of the restrictions of said license or the
terms and conditions thereof have been violated, or that such license
was obtained by intentional misrepresentations , or that the holder of
such license has used the license in the commission of a criminal act
or a violation of this title; provided, however, that no license shall be
revoked without first having given the licensee an opportunity to appear
before and be heard by the City Council on his own behalf. Pending such
hearing and decision, the Council or the Business License Administrator
may suspend such license for not more than SIXTY (60) days based upon
written complaint submitted to the Business License Administrator by the
Council or any member thereof.
B . Written notice of such hearing shall be given by the Council to
such party at least FIFTEEN (15) days prior to the date of such hearing.
The time and place of such hearing shall be fixed by Council order and
specified in such citation.
C. The Council shall hold a hearing as provided as follows :
1 . The City Council shall hear sworn testimony and shall
consider other evidence concerning the conditions constituting cause
to revoke the business license.
2 . Respondents to revocation actions may be present at such
hearing, may be represented by Counsel , may present testimony, and may
cross-examine witnesses .
3 . The hearing need not be conducted according to technical
rules relating to evidence and witnesses and may be continued from time
to time.
4. The City Council shall deliverate upon the evidence and
make findings upon such evidence to support any action of the Council
to revoke the business license or conditioned approval on such conditions
as the City Council shall decide. Thereafter, the City Council shall
issue its order to the Respondent.
5 . A copy of the order shall be served personally or by mail ,
postage pre-paid, certified, return receipt requested, to the licensee
as set forth in the application for business license.
D. Upon the revocation of a license as provided in this section,
no part of the license fee paid therefore shall be returned; but such
license fee shall be forfeited to the City.
E. Whenever a license is revoked, the licensee shall return to
the Issuing Agency any license , license stickers , or similar evidence of
a license which has been revoked.
F. No other or further license shall be issued to the person(s ) or
party(ies) whose license has been so revoked within SIX (6) months from the
date of such revocation.
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3-5. 03 . 11 - Aeat Any person aggrieved by the action of the
Business License A strator in the denial of a permit or license ,
either new or renewal , shall have the right of appeal to the City
Council. Such appeal shall be taken by filing with the Clerk of the
City, within FIFTEEN (15) days after notice of denial of a permit or
license , a written statement setting forth fully the grounds for the
appeal. The Clerk of the City shall set a time and place for a hearing
on such appeal and notice of such hearing shall beiven to the appellant
g _
in the same manner as provided in this title for notice of hearing on
revocation. The decision and order of the City Council on such appeal
shall be final and conclusive. The hearing shall be held pursuant to
Section 3-5 . 03. 10 .
3-5 . 03 . 12 - Kee ing Insurance, Undertaking , etc. , in Force and
Effect, enever this title requires the applicant tor any license to
procure, post , or maintain in effect any bond, undertaking, deposit,
surety, or policy of insurance, any license so issued is valid only
when such bond, undertaking, deposit , surety, or policy of insurance
is in full force and effect . Such license shall be automatically
suspended without notice if at any time such bond, undertaking, deposit ,
surety, or policy of insurance is not in full force and effect. If a
new bond, undertaking, deposit , surety, or policy of insurance acceptable
to the Council is filed before cancellation or expiration of the
old policy, etc. , becomes effective, then the license will continue in
force.
3-5 . 03 . 13 - Duplicate Licenses . A duplicate license may be issued
by the Issuing Agency to replace any license previously issued under
this title which has been lost or destroyed, upon the licensee filing
an affidavit with the Issuing Agency attesting to such fact and paying the
sum requested for the cost thereof.
3-5. 03. 14 - Transfer of License.
A. The licensee, upon payment of a fee, may transfer his license
to do business to another site upon application to the Issuing Agency
if the conditions of the license are in conformance with all provisions
of the Atascadero Municipal Code.
B. No license issued pursuant to this titlemaybe transferred
from one person to another person.
C. If a license is issued to a partnership and the partnership is
changed by the addition or deletion of partners , the license may be
transferred to the new partnership if the new partnership makes application
for such transfer in the same manner as for the new license and pays to
the Issuing Agency the required transfer fee.
3-5 . 03 . 15 - Prerequisite to Issuance of Certain Licenses .
A. The application for a business license shall be forwarded to the
Atascadero Police Department for review and recommendations in certain
instances prior to the issuance of the business license. For those
specific types of businesses set forth in this section, the time provisions
specified in Section 3-5 . 03 . 16 shall commence when the application is
returned from the Police Department to the Issuing Agency.
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tt,,
(1) Carnival , circus , menagerie or any exhibit or display
for which payment of an admission fee or donation is expected
or required for entry or for viewing.
(2) Pawn Brokers , trading centers , bartering agents , or any
money lending not requiring a state or federal charter or
certificate.
(3) Mobile ice cream, soft drink or food vendors .
(4) Junk or salvage dealer, automobile or vehicle dismantlers ,
reclamation centers , vehicle or personal property repossessors
or storage center operators , tow-truck or vehicle wrecker owners
or operators .
(5) Amusement centers , arcade or playland, billiard room or
pool hall.
(6) Private patrol service , security guards , and private in-
vestigators .
(7) Fire, burglar, intrusion or other alarm service .
(8) Locksmiths .
(9) Photographers , modeling agencies .
(10) Card rooms or bingo halls .
(11) Massage parlor , massagers , masseur or masseuse.
(12) Hazardous waste transporters or disposal agents .
(13) Canvassers or solicitors .
(14) Sale of firearms .
(15) Adult Bookstores/Movie Theaters .
(16) Headshop.
(17) Fortune Telling.
(18) Taxicabs .
0 B. The application to carry on any business in the City shall be
submitted to the Issuing Agency for its approval before a license may be
issued. No license shall be issued to carry on any business if such would
j be in violation of this Code.
C. Every person, firm, association, or corporation engaged in the
business of conducting any establishment handling food or food products
must have a permit from the Health Department of the County of San Luis
Obispo. The license application must be approved by the Health Depart-
ment before the license may be processed and issued by the City of
Atascadero.
D. Those businesses described and set forth in the business
classifications of paragraph A of this Section requiring police review
as a prerequisite for the issuance of a business license shall waive
the time limit specified in Sections A and B of Section 3-5 . 03 . 16
until the application has been returned to the Issuing Agency by the
Police Department.
E . Every person or firm, or corporation, or entity engaged in the
business of conducting any type of waste disposal or collection shall
have a permit for such activity from the Health Department prior to
making application to the City of Atascadero for a business license.
F. An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The application,
to-ether with the findings and recommendations of the Police Chief shall
then be presented to the City Council for review and approval. No such
license as is referred to in this Section shall be issued except upon
the order of the City Council. The Council may limit the number of
such licenses issued which in its judgement shall be for the best
interest of the public peace , safety and welfare.
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3-5. 03 . 16 - Approval b Age nc .
A. Approval of the business icense shall be made within FIFTEEN
(15) business days of the date of submission to the Issuing Agency except
for those categories of business as set out in Section 3-5 . 01 . 15. If
specific approval is not granted, approval by said agency is deemed im-
plied, and the applicant may obtain issuance for said license from the
Business License Administrator.
B. An extension of time within which to approve the application,
not to exceed THIRTY (30) calendar days , may be granted by the Business
License Administrator to the Issuing Agency.
Chapter 3-5 . 04
LICENSE FEES
Sections :
3-5 .04 . 01 - Rates Fixed and Established
3-5 . 04 . 02 - Payable in Advance
3-5 . 04 . 03 - Penalties for Late Payment
3-5 . 04 . 04 - Changes in Rates
3-5 . 04 . 01 - Rates Fixed and Established. The license fees for the
business , exhibitions , occupations , an activities referred to and named
in this title shall be fixed and established from time to time by Resolu-
tion of the City Council of Atascadero.
3-5 . 04 . 02 - Payable in Advance . All license fees provided for in
this title shall e due and paya e in advance at the office of the City
Finance Department for renewals and the office of the Issuing Agency for
new licenses .
3-5 . 04 . 03 - Penalties for Late Payment. All license fees as required
by this title are due and payable upon t e first business day after the
date of expiration. Any licensee is permitted a THIRTY (30) day grace
period thereafter to submit said payment. Subsequent to the brace
period, a penalty of FIFTY PERCENT (50Z) of the license fee shall be
added for renewal. If the entire license fee , with the addition of
penalties , is not submitted within SIXTY (60) days after the expiration
of the grace period, the Business License Administrator shall automaticalli
suspend the license. If the licensee desires to continue business , he
must complete a new business license application subject to the review of
the appropriate City Departments and pay the license fee and penalty.
3-5 . 04 . 04 - Changes in Rates . The rates of license fees established
in this title and pursuant to resolution may be changed from time to
time by the City Council.
Chapter 3-5 . 05
ACTIONS TO COLLECT FEES
Sections :
3-5 . 05 . 01 - Civil Action Designated
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3-5 . 05. 01 - Civil Action Designated. If any person, firm,
association, or corporation commences , conducts , or carries on any
business , exhibition, occupation, or activity mentioned in this title
without first paying a license fee and obtaining the license as pro-
vided for in this title for conducting or carrying on the business ,
exhibition, occupation or activity, an action may be commenced and
prosecuted by the City against such person, firm, association, or
corporation for the collection of the license fee , in addition to
such other remedy that the City may have against any such person,
firm, association, or corporation.
Chapter 3-5 . 06
TRANSIENT MERCHANTS - SOLICITORS AND CANVASSERS
Sections :
3-5 . 06 . 01 - Permit and License Required
3-5 . 06 . 02 - Application
3-5 . 06 . 03 - Fee Payment
3-5 . 06 . 04 - Prima Facie Evidence of Permanent Residence or Place
of Business
3-5 . 06 . 05 - Investigation
3-5 . 06 .06 - Disapproval of Application
3-5 . 06 .07 - Application Approval
3-5 . 06 . 08 - Bond
3-5 . 06. 09 - Badges
3-5 . 06 . 10 - Expiration of License
3-5 . 06 . 01 - Permit and License Required. It is unlawful for any
transient merchant , itinerant merchant , itinerant vendor, solicitor
or canvasser as defined in this title to engage in such business within
the City without first obtaining a permit and license therefore in
compliance with the provisions of this title. It is unlawful for any
agent or employee of a solicitor or canvasser to engage in such business
within the City without first obtaining a badge therefore in compliance
with the provisions of this title.
3-5 . 06 . 02 - Application. Applicants for a license under this
Chapter must i e with the Business License Administrator a sworn
application in writing (and duplicate) on a form to be furnished by
the Business License Adminstrator, which application shall give
the following information:
A. Name and description of the applicant;
B. Permanent home address and full local address of the applicant;
C . A brief description of the nature of the business and the
goods to be sold;
D. If employed, the name and address of the employer, together
with credentials establishing the exact relationship ;
E. The length of time for which the right to do business is
desired;
F. The place where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or produced, where
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such goods or products are located at the time said application is filed,
and the proposed method of delivery;
G. Three photographs of the applicant , procured by the applicant
at his own expense and taken within SIXTY (60) days immediately prior
to the date of filing of the application, which pictures shall show the
head and shoulders of the applicant in a clear and distinguishing manner;
H. The fingerprints of the applicant and the names of at least
two (2) reliable property owners of the City who will certify as to the
applicant' s good character and business respectability or, in lieu of the
names of references , such other available evidence as to the good char-
acter and business responsibility of the applicant as will enable an
investigator to properly evaluate such character and business
responsibility.
I. A statement as to whether or not the applicant has been con-
victed of any crime , misdemeanor, or a violation of any ordinance of
the City of Atascadero, the nature of the offense and the punishment or
penalty assessed therefore;
J. The description and license number of any motor vehicle to be
used by the applicant.
3-5 . 06 . 03 '- Fee Payment. At the time of filing the application,
the in iviua shall pay such fees for the cost of investigation and
licensing as shall be established from time to time by resolution of
the Council of the City of Atascadero.
3-5 . 06 . 04 —Prima Facie Evidence of Permanent Residence or Place
or Business . For the purpose of this Chapter, the maintenance by any
person, firm, organization, or corporation of a home or fixed place of
business within the boudaries of the City for a period in excess of
NINETY (90) days shall be prima facie evidence of a permanent residence
or fixed permanent place of business in the City.
3-5. 06 .05 - Investigation. The City Police shall have the right
to conduct such investigations as may be necessary into the applicant ' s
business and moral character and previous criminal record, if necessary,
and the applicant expressly waives the time limit set forth in Section
3-5 . 03 . 16 for this investigation.
3-5 . 06 . 06 - Disapproval of Application.
A. If, as a resu t�o e investigation, the applicant' s
character or business responsibility is found to be unsatisfactory,
the police shall endorse on the application their disapproval and
reasons for the same, and return the duplicate application to the
Business License Adminstrator, who shall notify the applicant that
his application is disapproved.
B. Any person whose application has been disapproved shall have
the right to appeal to the City Council as provided in this title.
3-5 . 06 . 07 - Application A royal. If, as a result of such
investigation,-the character and business responsibility of the applicant
are found to be satisfactory, the Police shall so endorse the application
for the carrying on of the business applied for and return the
application to the Business License Adminstrator, who shall issue to
the applicant his badge , permit or license. The license shall contain
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the signature and seal of the issuing officer and shall show the name ,
address , and photograph of the applicant , the class of license or permit
issued and the kind of goods to be sold thereunder, the amount of fee
paid, the date of issuance and the length of time the same shall be
operative, as well as the license number and other identifying
descriptions of any vehicle used in such soliciting or canvassing.
3-5 . 06 . 08 - Bond. Every applicant for a business license, not a
resident ot the City, for a period of NINETY (90) days or who being a
resident of the City, represents a firm, organization, or corporation
which does not maintain a principal place of business located in the
City shall file with the Business License Administrator a surety bond,
running to the City in the amount of ONE THOUSAND DOLLARS ($1 ,000 .00)
with surety acceptable to and approved by the City Attorney, conditioned
that the applicant, his agents and employees , shall comply fully with
all of the provisions of the ordinances of the City and the statutes
guaranteeing to any citizen of the City that all money paid as down
of the solicitor, his agents and employees , and further guaranteeing
to any citizen of the City doing business with the solicitor, his agents
and employees , that the property purchased will be delivered according
to the representations of the solicitor, his agents and employees .
Action on the bond may be brought in the name of the City to the use
or benefit of the aggrieved person. Where a person has more than one (1)
covering all solicitors in the sum herein specified.
3-5 . 06 . 09 - BadBadZeess . The Business License Administrator shall issue
to eac icense solicitor olicitor and his agents or employees a badge which
shall contain the words "licensed solicitor", name , the period for which
the license is issued, and the number of the license. The badge shall ,
during the time the licensee or his agents or employees are engaged in
canvassing or soliciting, be worn constantly by the licensee or his
agents or employees on the front of their outer garment in such a way
as to be conspicuous . The issuance of any such badge, license or permit
shall not constitute any endorsement by the City Council or any of the
officers of the City as to the reputation or reliability of the bearer
thereof, or the goods , wares , publication or merchandise for which he
is soliciting.
3-5. 06 . 10 - Expiration of License. All licenses , and badges issued
under provisions ot this title s a expire on the thirty-first (31st)
day of December in the year when issued. A new application shall be filed
and application fee paid for each calendar year during which one (1)
or more solicitations are made by any person or persons coming within
the operation of this title. The business license may be renewed
subject to this title and subject to all of the conditions required for
the original. application. Upon the expiration of all licenses and badges
issued pursuant to the provisions of this title , the licensee shall return
such licenses and badges to the Issuing Agency.
Chapter 3-5 . 07
SALES YARDS , AUCTION YARDS AND/OR FLEA MARKETS
Sections :
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3-5. 07. 01 - Business License Required
5 .07 . 01 Business License Required.
A. Every person who con-ducts a sales yard, auction yard and/or
flea market , as defined in Title 9 of this Code, before leasing space
to various vendors , must first demand that such vendors produce a City
Business License as provided in this title.
B. Temporary sales events (conducted no more frequently than one
two-day period in every 90 days) shall require only the operator of
that event to have a business license .
Chapter 3 .5 .08
PRIVATE PATROL SERVICES
Sections :
3-5. 08 . 01 - Definitions
3-5. 08. 02 - Permit Required
3-5 . 08. 03 - Application - Investigation
3-5 . 08. 04 - Identification
3-5. 08. 05 - Waiver of Time
3-5. 08. 01 —Definitions . For the purposes of this title , "private
patrol service includes any person, firm, association or corporation
who agrees to furnish or furnishes , a watchman, guard, patrolman,
responder, alarm personnel , investigator, security person, in uniform
or otherwise to protect persons or property.
3-5 . 08. 02 - Permit Required. It is unlawful for any person to
engage in the business ot a private patrol service in the City without
first obtaining a permit to do so from the Police Department and ob-
taining a business license as provided in this title and paying the
necessary fees therefore.
3-5 . 08 .03 - Application - Investigation. Application for a business
license to conduct or maintain a private patrol service shall be submitted
to the Police Department who shall make such investigation as may be
necessary concerning the character of the applicant and any such employees
to be employed by the applicant. Following such investigation the Police
Department shall grant or deny the spplicant permission to engage in such
business . Such permission shall be granted unless it appears from the
investigation that the applicant is not a person of good moral character
or is not of good character in respect to honesty or integrity or the
Police Department determines that the granting of the application would
not be in the best interest of law enforcement of the City.
The applicant shall submit such information as the Police Department may
request , indluding name, address , organization of the patrol service,
its method of operation, territory or location it proposes to service ,
names , addresses , personal descriptions , photographs , and fingerprints
or its owners , officers and employees .
3-5 . 08. 04 - Identification. Any license granted by the Issuing
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Agency as provided in this title shall be issued upon the following
terms and conditions :
A. Every employee engaged by the licensee , or officer of the
licensee, shall be required to provide information and submit to an
investigation in the same manner as the licensee.
B. Every person engaged in the type of business described in
this Section shall at all times wear an identification card approved
by the Chief of Police on the front of the outer garment or uniform
in such a way as to be conspicuous and plainly visable. This require-
ment may be waived by written consent from the Chief of Police , which
written consent shall be carried by the licensee at all times.
C. The identification card described in this Section must contain
the name of the licensee, the name of the holder thereof, and a physical
description of the holder. A picture of the holder and an expiration
date of not more than one (1) year from the date of issuance must be
clearly visable on the front of the card. The word, "Police" may not
appear on the card.
D. If the holder of the identification card changes his employ-
ment , or in the event the license information changes , or the license
itself expires or is terminated, both the holder and the licensee shall
provide the Chief of Police of Atascadero within five (5) days from
such event that such event has occurred and shall forthwith surrender
such identification cards to the Chief of Police that have been issued.
E. Uniforms used by the .licensee and his employees must include
a shirt , slate gray in color and shall not include any badges , shoulder
patches or flahses which could be confused with those issued by the
City of Atascadero as worn by Atascadero Police Department employees .
F. No marked vehicles shall be used by the licensee in the course
of business unless approved by the Chief of Police of Atascadero , which
approval shall be in writing, indicating that said vehicle is of a readily
apparent disinction from the vehicles or equipment utilized by authorized
public law enforcement agencies . Any such vehicle used by the licensee
in the licensee ' s business shall be distinctively marked and include the
word "Private" written in minimum four (4) inch block letters of a con-
trasting color. The word, "private." may, and should, be incorporated
with the licensee' s type of business , such as , "Private Patrol" , "Private
Security", or "Private Alarm Service" .
3-5 . 08 . 04 Waiver of Time. The applicant shall waive the time
requirements or approves o the Issuing Agency pursuant to Section
3-5 . 03 . 16 pending the investigation by the Police Department.
Chapter 3-5 .09 . 01
ACCESS TO INFORMATION FOR LICENSING OR PERMIT PURPOSES
Sections :
3-5 . 09. 01 - Access to Information for Licensing or Permit Purposes
3-5 . 09 . 01 - Access to Information for Licensing or Permit Purposes .
Pursuant to Section 11105 of the Penal Code of State , the tollowing
officers of the City are authorized to have access to and to utilize
State Summary Criminal History Information when it is needed to assist
them in fulfilling licensing duties as set forth in this Chapter.
(a) City Council Members
(b) City Manager
(c) City Attorney
(d) Chief of Police
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M E M O R A N D U M
TO: City Council July 28, 1986
VIA: Michael Shelton, City Manager Nf� I
lel
FROM: Henry Engen, Community Development Director JAE,
SUBJECT: Proposed New Business License Ordinance
BACKGROUND:
When the City was incorporated, it adopted many County ordinances in-
cluding their Title 6, Business Licenses and Regulations Ordinance.
As part of the revisions to the business license fees (Resolution
108-85) , the Council recognized the need to comprehensively rewrite
the business license ordinance for compatibility with the ordinances
and administrative structure of the City. This has been done by the
City Attorney in consultation with the Community Development Depart-
ment, Police Department, and Finance Department.
ANALYSIS:
In addition to changing terms to relate to appropriate City of Atasc-
dero processes, the accompanying draft business license ordinance
includes the following changes:
Section 3-5.01.07, Issuing Agencies - Clarifies the fact that new li-
censes are generally processed and issued by the Community Development
Department with renewals processed by the Finance Department.
Section 3-5. 02.03 , Business - This definition is expanded to specifi-
cally include professions.
Section 3-5.02.20, Additional Definitions - Cross references the
business license ordinance with the zoning ordinance (Title 9) .
Section 3-5.03.02, Exemptions - This section is expanded to exempt
businesses in operation for purposes of charity, religion, or educa-
tional societies which are exempt under State law.
Old Section 3-5 .04. 04, Schedule of Fees - is deleted from the ordi-
nance with- reference made to being set by resolution of the City
Council.
RESOLUTION NO. 95-86
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING RESOLUTION NO. 108-85 REVISING AND
ESTABLISHING BUSINESS LICENSE FEES FOR GENERAL AND
SPECIFIC LICENSES
WHEREAS, the Atascadero Municipal Code provides that changes in
rates of license fees can be made by the City Council through the
adoption of a Resolution; and
WHEREAS, the City of Atascadero has previously adopted business
license fees pursuant to Resolution No. 108-85; and
WHEREAS, the Community Development Department has analyzed the
cost of processing various types of business license fees and has
determined that there are selected processes for which fees should be
set and/or clarified pertaining to Ordinance 138; and
WHEREAS, this Council hereby finds that the recommended fees as
shown in Schedule "A" attached and incorporated by referenced herein,
are for a valid regulatory purpose in accordance with Business and
Professions Code 16000.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by this Atascadero City
Council that the following Fee Schedule in Attachment "A" incorporated
herein by reference is hereby approved and established.
The City Clerk shall certify as 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.
On motion of Councilmember , seconded by Councilmember
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution is hereby adopted to become effective on
August 11, 1986.
MARJORIE MACKEY, Mayor
CITY OF ATASCADERO, CALIFORNIA
ATTEST:
B
OYD C. SHARITZ, City Clerk
APPROVED AS TO FORM:
ROBERT M. JONES, City Attorney
APPROVED ,AS TO CONTENT:
M I 4t,
MICHAEL SHELTON, Ci Manager
PREPARED BY:
4xlr� 'E�
HENRY ENGEJ, Comm n ' ty Development Director
ATTACHMENT "A"
Resolution No. 95-86
BUSINESS LICENSE TAX FEE SCHEDULE
CATEGORIES AND FEES
CATEGORY FEES
Solicitors, peddlers, vendors
Principal and 1 solicitor. . . . . . . . . . . . . . . . . . . . . . . . . .$ 50 (1st day)
Each additional day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10
Professional firm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50
Each employee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10
Rummage/parking lot/garage/yard sale -
Limit of 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
2 2-day per year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Home occupation (sole proprietorship; no employees) . .$ 25
Each employee (if allowed by adjustment) . . . . . . . . . . . . .$ 10
Transfer fees:
Change of location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25
Change of business name. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15
Change of one partner (retaining at least one
original partner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15
Background checks:
Any businesses falling in the category of Section
3-5.03.15 (A) of the Atascadero Business License
Ordinance shall be subject to an additional:
Police background check fee. . . . . . . . . . . . . . . . . . . . $ 50/check
Plus any applicable state and/or federal fees
Separate businesses:
Principal business (that which has the highest
number of employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Per fee schedule
Other businesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 each
i
_8/11/86 ._ C=1
• MEMORANDUM
TO: City Council a August 11, 1986
VIA: Michael Shelton, City Manager
FROM: Henry Engen, Community Development Director Ai
SUBJECT: Consideration of study areas for General Plan amendment
requests for Cycle 2 in 1986.
BACKGROUND:
At their July 21, 1986 meeting, the Planning Commission considered the
above-referenced subject for consideration of recommendations to be
made to the City Council concerning study areas for this cycle. There
was discussion and public testimony as reflected in the attached min-
utes excerpt.
• RECOMMENDATION:
The Commission recommends to the City Council the study areas as shown
on the maps contained in the attached staff report.
/PS
ATTACHMENTS: Planning Commission Staff Report - July 21, 1986
Planning Commission Minutes Excerpt - July 21, 1986
•
t
City of Atascadero Item: C-1
STAFF REPORT
FOR: Planning Commission Meeting Date: 7/21/86
BY: Steven L. DeCamp, Senior Planner File No: GP Cycle 2-86
SUBJECT:
Consideration of study areas for General Plan amendment requests for
Cycle 2 in 1986.
BACKGROUND:
The application period for the second cycle of General Plan amendments
for 1986 closed on April 1, 1986. This report will allow the Planning
Commission an opportunity to initiate any additional amendments or to
recommend approval or modifications to the proposed areas of property-
owner initiated amendments. As with prior amendment cycles, staff
will recommend that Zoning Ordinance text and/or map amendments be
processed concurrently with the corresponding General Plan amendments.
Following is a brief description of the amendment requests currently
in process and staff' s recommendation for study area boundaries.
GP 2A-86 11305 El Camino Real (Frederick)
Suburban Single Family to Heavy Commercial
The applicant has submitted both a General Plan map and zoning map
amendment request for a 1.26 acre parcel near the intersection of El
Camino Real and Viejo Camino. The property is currently vacant and
would be developed for commercial purposes if the amendment is ap-
proved. The property is adjacent to land designated for High Density
Multiple Family development on the north and Suburban Single Family
on the south and west. Because full build-out of the project will re-
quire sewer service, staff believes the amendment should be considered
as part of the larger sewer service study area encompassed by GP
2B-86. In addition, the parcel at the intersection of Viejo Camino
and E1 Camino Real should be included to provide for more logical
boundaries for any resultant zone change.
GP 2B-86 South Atascadero (Hendrix, et al)
Urban Services Line Extension
The applicant has submitted a General Plan map amendment request to
extend the Urban Services Line (USL) from its current terminus to in-
clude all areas south to the City limit line east of U.S. Highway 101.
Also submitted was a series of General Plan and zoning map changes
predicated on the availability of sewer service following approval of
the USL extension.
i
0 0
General Plan Cycle 2-86
Staff has determined that an Environmental Impact Report (EIR) will be
required to assess the impacts of the inclusion of such a large area
within the Urban Services Line. The EIR will also address the other
amendment requests (GP 2A-86, GP 2C-86, GP 2D-86, and GP 2E-86) which
are predicated on the availability of sewer service.
GP 2C-86 11900 E1 Camino Real (Hendrix)
Suburban Single Family to Retail Commercial
The applicant has submitted both a General Plan and zoning map amend-
ment request for an approximately 46 .0 acre site located on the north-
west corner of El Camino Real and Santa Barbara Road. The property is
currently vacant but is proposed for a mixed-use development -(residen
tial, commercial, office type use) . The project would require the
provision of sanitary sewer service and is, thus, dependent upon an
extension of the Urban Services Line (GP 2B-86) . Alternative density
and spatial arrangements will be discussed in the EIR mentioned above.
Staff does not believe that any additional property needs to be in-
cluded in the study area.
GP 2D-86 11805 E1 Camino Real (Young/Hendrix)
Suburban Single Family to High Density Multiple Family
The applicants have submitted both a General Plan map and zoning map
amendment request for an approximately 7 .5 acre site located between
E1 Camino Real and Viejo Camino. The property currently contains two
single family dwellings and a preschool on separate parcels. The
owner proposes to establish a 198 bed residential care facility and
skilled nursing facility on a portion of the site. The project would
best be served by sanitary sewers and is, thus, dependent upon an ex-
tension of the Urban Services Line (GP 2B-86) . The Planning Commis-
sion has upheld staff' s determination than an EIR be prepared for this
project. This project will be analyzed as part of the larger EIR
covering the Urban Services Line extension and related projects.
Staff does not believe that any expansion of the study area is war-
ranted in this case.
GP 2E-86 1645 Halcon Road (Nimmo/Hendrix)
Suburban Single Family to High Density Single Family
The applicant has submitted both a General Plan map and zoning map
amendment request for approximately 129 acres of vacant land located
generally south of Halcon Road and west of the railroad tracks. If
the General Plan and zoning amendments are approved, the property
would be developed for 0. 5 acre residential lots. Development at that
density requires sanitary sewers. This project is, therefore, depen-
dent upon an extension of the Urban Services Line (GP 2B-86) and will
be included in the EIR for that project. Staff does not believe that
any additional territory needs to be added to this study area.
GP 2F-86 8375 Portola (Wright/Yeomans)
Moderate Density to High Density Single Family
The applicant has withdrawn this General Plan and zoning amendment
request. Staff does not believe any further study in this area is
2 ,�
0 0
General Plan Cycle 2-86
warranted at this time.
GP 2G-86 North E1 Camino Real Corridor (City Council)
Suburban Single Family to Commercial
During the last General Plan amendment cycle, the City Council consid-
ered a request for a General Plan amendment from Suburban Single Fam-
ily to Retail Commercial at 1800 E1 Camino Real (GP 1A-86; Brazzi) .
This request was denied; however , the Council saw merit in a study of
the entire area to determine its best use. The study area suggested
by the Council includes the parcels north of Del Rio Road between E1
Camino Real and Highway 101. Because of its location, this narrow
strip may not be highly desirable for residential use. Other develop-
ment constraints may limit its current utility for some commercial
purposes; however, staff believes that the study area defined by the
City Council will adequately address the needs of this area.
GP 2H-86 9240 Atascadero Road (Hawkins)
Moderate Density to High Density Single Family
The applicant originally submitted a request for a General Plan and
zoning amendment to allow for the creation of 10 ,000 square foot lots
on an approximately five acre parcel. During the hearing process, the
applicant changed the request to allow for 0.5 acre parcels instead.
Although the City Council saw merit in the proposal, it was felt that
a larger area should be considered to avoid the issue of "spot zon-
ing" . Staff has analyzed existing lot sizes in the area around the
subject parcel and determined that a logical study area can be defined
which ties the subject parcel to the area recently rezoned along
Coromar. Staff believes that the study area shown on the attached map
is appropriate.
RECOMMENDATION•
Staff recommends that the Commission recommend to the City Council the
study areas for the second cycle of 1986 General Plan amendments as
shown on the attached maps.
SLD:ps
file: cycle286
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Minutes - Planning Commission - July 21, 1986
response to question from Commissioner Michielssen Mr . Engen
expl ' ned that the purpose of the use permit was f establishment
of a fr ay sign which, in turn, incorporated pproval for the
overall p 'ect. Commissioner Michielssen erenced the $62,000
for building mit fees and asked for cl fication as to what
these fees would ver.
Dwayne Schultz with Cam ell Hold ' gs, appellant, felt the facts
were stated correctly a n ed that it was their understanding
that the building permit wa d for a year and would not expire
until September. Mr. En n adde that the building permit was not
valid if the use perm' had expired, nd that a building permit
had not, in fact, en issued for the p
There was no blic testimony given.
MOTION: Made by Commissioner Hatchell, seconded by mmissioner
Kennedy and carried unanimously with a roll ca vote to
deny the request for a time extension for Condit " al Use
Permit 6-85.
C. NEW BUSINESS
1. Consideration of study areas for General Plan Amendments for
Cycle 1 of 1986 .
Mr. DeCamp presented the staff report concerning the applications
for this cycle with respect to consideration of additional study
areas, and added that the recommendation will be to process zoning
ordinance text and/or map amendments concurrently with the corres-
ponding General Plan amendments. He then proceeded to briefly
describe each of the applications.
Commissioner Michielssen asked if it would be appropriate to add
a piece of property to study area 2B which is zoned Commercial
Tourist on the other side of the Freeway (southwest corner of San-
ta Barbara Road) . Discussion followed. It was the Commission' s
general consensus that this property should be included in the
study area.
Upon conclusion of the description of the general plan amendments
and proposed study areas, discussion ensued among the Commission
with respect to general comments and clarifications.
Rex Hendrix, applicant, referenced GP 2B-86 concerning inclusion
of the. acreage on the west side of the freeway in this study.
He did not feel this property is logical to include mainly because
of the E. I.R. costs involved; he did not think it was feasible.
Acting Chairman Bond asked if the cost of the E. I.R. would be
assessed to this piece of property, to which Mr . DeCamp explained
that no, the E.I.R. cost will be borne by the applicant for
General Plan Amendment 2B-86 and elaborated on how the procedure
for this would work.
5
Minutes - Planning Commission - July 21, 1986
Mr. Hendrix noted the subject parcel was of significant size and
should be dealt with as a completely separate item.
Commissioner Michielssen asked about other property owners in the
study area who have not applied for a general plan amendment who
may get a "free ride" . Mr. DeCamp stated that it will probably
average out to around 50% of the property owners who will be be
paying for the E.I.R.
Commissioner Hatchell asked Mr. Hendrix if he has attempted to
contact the property owner of the property on the west side of the
freeway to which Mr. Hendrix responded that he had not and does
not want to for various reasons.
After further discussion, Commissioner Nolan asked if it would be
appropriate to drop this subject piece of property (CT zone) from
consideration. After further discussion, it was the Commission' s
general consensus not to add that piece of property in the south-
west quadrant to study area 2B-86.
Jaime Lopez-Balbontin, 5224 Barrenda, asked why his property on
Carrizo Road is not included in the General Plan amendments as a
study area or expanded area, as it was his understanding that the
City Council, in their earlier review of this amendment, had
directed staff to bring this amendment back as part of this cycle.
Mr. DeCamp stated that staff had reviewed the City Council minutes
to see which, if any, of the amendments had been referred back to
staff by the Council. The only two which were referred back for
improvement or enlargement of a study area was the commercial re-
quest along North E1 Camino Real and Mr . Hawkins' request along
Atascadero Road for a 1/2 acre lot sizes.
Commissioners Kennedy and Bond stated it was their understanding
that this area was coming back for a study area.
Mr. DeCamp further elaborated that the City Council discussion
addressed the appropriateness of some of the amendments being a
part of the overall General Plan revision. Mr . Engen suggested
that the question of whether Mr. Lopez-Balbontin' s property was to
be included as part of the next plan amendment cycle could best be
answered by the City Council. After further discussion, it was
the Commission' s consensus to direct this to the City Council.
Mr. Lopez-Balbontin agreed.
Commissioner Michielssen asked that he be removed from the voting
for General Plan amendment 2H-86 .
MOTION: Made by Commissioner Hatchell, seconded by Commissioner
Nolan and carried unanimously to recommend to the City
Council the study areas for the second cycle of 1986
General Plan amendments as reflected in the attached
maps, with the exception of General Plan Amendments
2F-86 , which was withdrawn b the applicant, and 2H-86 .
6
! 0
Minutes - Planning Commission - July 21, 1986
At this point, Commissioner Michielssen stepped down from the
Commission.
MOTION: Made by Commissioner Hatchell, seconded by Commissioner
Nolan and carried (with Commissioner Michielssen abstain-
ing) to recommend to the City Council the study area as
referenced for General Plan Amendment 2H-86.
D. UBLIC COMMENT
Th a was no public comment at this time.
E. INDIVI AL ACTION AND/OR DETERMINATION
1. Plan 'ng Commission
Commissioner olan referenced Precise Plan -86 (Transnational
Corporation) nd expressed concern that t appeared that there
will be two dri ways on E1 Bordo, one of ich is very close to
the intersection of E1 Camino Real an El Bordo, and this could
be a potential tra is problem.
Acting Chairman Bond oted his conce with the El Camino Building
Supply with the volume f the pub c announcement system which
adds to noise pollutin in t e surrounding neighborhood. He
stated this is very annoy' g whe it occurs at times like 7:00
a.m. and added he has re ei ed three complaints from neighbors.
He also referenced a similar problem with Atascadero Ford, to
which Mr. DeCamp responded t t the volume at Atascadero Ford has
been reduced and commente on t e acoustical condition of the site
which seems to amplify t e syste - Acting Chairman Bond noted
that De Cou Lumber is ilizing inividual walkie-talkie systems.
2. Community Deve pment Director
Mr. Engen noted at 15 applicants have pplied for the Planning
Commission vac ncies. The City Council ill interview these can-
didates, star ng around 4 :00 p.m. on July 8th. The new commis-
sioners wil then be seated at the August 4, 1986 meeting. Mr .
Engen also ointed out that this meeting will 'nclude election of
chairman nd vice chairman for the Commission.
Mr. E en presented a thank you card to Commissio er Kennedy in
appr ciation of her service on the Commission.
Meeti g adjourned at 9: 30 p.m.
INUTES RECORDED BY:
MEG MORRIS, Assistant Planner
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