HomeMy WebLinkAboutAgenda Packet 07/12/1982 •
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
July 12, 1982 7: 30 p.m.
Atascadero Administration Building
Call to Order
Pledge of Allegiance
Invocation
Roll Call
Public Comment
A. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Item A, Consent Calendar , are considered
to be routine and will be enacted by one motion in the form listed
below. There will be no separate discussion of these items. If dis-
cussion is required, that item will be removed from the Consent Calen-
dar and will be considered separately. Vote may be by roll call.
1. Minutes of the special meeting of June 12, 1982 (RECOMMEND
APPROVAL)
• 2. Minutes of the regular meeting of June 28, 1982 (RECOMMEND
APPROVAL)
3. Minutes of the adjourned regular meeting of June 29, 1982
(RECOMMEND APPROVAL)
4. Treasurer 's Report, 6-1-82 to 6-30-82 (RECOMMEND APPROVAL)
5. Finance Director' s Report, 6-1-82 to 6-30-82 (RECOMMEND AP-
PROVAL)
6. Resolution No. 35-82 amending Resolution No. 12-79 authoriz-
ing investment in Local Agency Investment Fund (RECOMMEND
ADOPTION)
7. Amendment of claim for Local Transportation Funds (RECOMMEND
APPROVAL OF AMENDMENT)
8. Tentative Parcel Map AT 820505: 1, 5905-5975 E1 Camino Real,
Clarance Radke (Stewart) , to divide 0.31 acres of developed
commercial property into two parcels (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
9. Tentative Parcel Map AT 820513:1, 7326 Santa Ysabel, Gaylen
Little and Don Rauch, to allow six apartment units approved
by Departmental Review R820309 :1 to be air-space condominiums
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
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AGENDA - ATASCADERO i CITY COUNCIL - JULY 12, 1982 _
10. Tentative Parcel _Map-AT 820426:1, 5555 Traffic Way, -Foxfire,
Ltd. (Hoenstein) , to allow creation of 21 residential unit
as air-space condominiums (RECOMMEND APPROVAL OF PLANNIN
COMMISSION RECOMMENDATION)
11. Lot Line Adjustment LA810320 :1, `5560 Nogales, Kendall Gallan-
ger (Hilliard) , to extend the time allowed to complete re-
quirements for an approved ' lot line adjustment (RECOMMEND
APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
12. Departmental Review R820426:1, 5555 Traffic Way, Foxfire,
Ltd. (Hoenstein) , to construct 21 multiple family residen-
tial units (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM-
MENDATION)
B. HEARINGS, APPEARANCES AND REPORTS
1. Public hearing on General Plan Amendment GP820330:1, 3555 El
Camino Real, Wallace Dunn, to change the GeneralPlan land
use designation from Suburban Single Family Residential to
High Density Multiple; Family Residential and to change the
zoning from A-1 to R-4
2. Report regarding 3-F Meadows petition for street maintenance
3. Recreation Department Quarterly Report
C. UNFINISHED BUSINESS
1. Resolution No. 31-82 approving amendment to the General Plan
Land Use Map along the south side of Morro Road between Pismo
Avenue and Santa Rosa Road including approval of General Plan
Amendment GP8203311 (Klowgard)
2. Resolution No. 32-82 approving amendment to the General Plan
Land Use map within the Montecito - El Camino Real Study
Area, including approval of General Plan Amendment GP820204:1
(Maxwell, Eddy, Hixson)
3. Resolution No. 33-82 approving General Plan Amendment
GP820419:1 (Planning' Commission) amending the text of the
Lane Use Element of the General Plan eliminating specific
standards for the keeping of animals
4. Resolution No. 34-82 denying General Plan Amendment
GP820330:1 concerning a change in land use designation from
Suburban Single Family Residential to High Density Multiple
i
FamilyResidential
5. Ordinance No. 56, Health and Sanitation - second reading and
adoption
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AGENDA - ATASCADERO CITY COUNCIL - JULY 12, 1982
D. NEW BUSINESS
1. Request of the City of Seal Beach for consideration of adopt-
ing a resolution reqesting the State to fund certain por-
tions of the costs of the 911 Emergency Telephone system
E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS
1. Appointment of Allen Grimes as Attorney for the Sanitation
District Board
2. Appointment of Mayor as President of the Sanitation District
Board
F. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
2. City Attorney
3. City Manager
NOTE: The City Council will hold a closed session after the regular
meeting to discuss employee negotiations.
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MINUTES - ATASCADERO CITY COUNCIL
Special Meeting
June 12, 1982 9:00 a.m.
Atascadero Administration Building
The meeting was called to order at 9:`00 a.m. by Mayor Wilkins.
PRESENT: Councilmen Highland, Mackey, Stover and Mayor Wilkins
ABSENT: Councilman Nelson
It was noted that the meeting had been called for the purpose of
reviewing the 1982-83 proposed budget. Mr. Warden reviewed the budget
that had been put together because of the uncertainties regarding the
State budget. Staff had prepared three different types; "A" , best
case; "B" , Governor' s budget; and "C" , worst case.
Councilmembers reviewed the budget with questions being answered
by Mr . Warden. Mayor Wilkins declared the revenue sharing hearing
open to the public. Various , organizations presented :their ; funding
requests to Council.
As there were no further comments, the hearing was. closed. Coun-
cil adjourned at 12:00 p.m.
Recorded by:
MURRAY L. WARDEN, City Clerk
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MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting
June 28, 1982 7: 30 p.m.
Atascadero City Council
The meeting was called to order at 7: 30 p.m. - by Mayor Wilkins
with the Pledge of Allegiance. Reverend Russ Cahhal of the Church of
Christ gave the invocation.
ROLL CALL
PRESENT: Councilmen Mackey, Nelson, Stover and Mayor Wilkins
ABSENT: Councilman Highland
CERTIFICATION OF ELECTION RESULTS BY PRESENT COUNCIL
1. Resolution No. 27-82 reciting the fact of the General Munici-
pal Election held in Atascadero on June 8, 1982, declaring
the result thereof and such other matters as provided by. law
Mr. Warden stated that the resolution had some blanks which needed
to be filled in. In Section 1, "11 should be inserted in the first
blank and 113511 in the second blank. In Section 3, "4849" should be
inserted in the first blank, 1134111 in the second blank, and 115190 in
the third blank. He stated that Council was in receipt of the certi-
fied canvass from the County which is a part of the resolution. A
copy of the canvass is also made a para of these minutes for the rec-
ord.
MOTION: Councilman Stover moved that Resolution No. 27-82 be read by
title only. The motion was seconded by Councilman Mackey and
unanimously carried.
Mayor Wilkins read Resolution No. 27-82 by title only.
MOTION: Councilman Nelson moved for the adoption of Resolution No.
27-82. The motion was seconded by Councilman Mackey and
unanimously carried by roll call vote.
2. Presentation of Certificates of Election to City Council,
City Clerk and City Treasurer
Mr . Warden presented Certificates of Election toCityCouncilmem
bers Marge Mackey, George Molina, Rolfe Nelson, Bill Stover and Bob
Wilkins; City Clerk Barbara Norris; and City Treasurer Steve Rizzuto.
3. Oath of Office administered to new City Council, City Clerk
and City Treasurer
Mr. Warden administered the Oath of Office to the newly elected
officials.
MINUTES - ATASCADEROCITY COUNCIL - JUNE 28, 19�2
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ELECTION OF OFFICERS FOR NEW COUNCIL
4. Election of Mayor
City Clerk Barbara Norris opened nominations for Mayor . Council-
man Mackey nominated Councilman Nelson for Mayor for a term of one
year . Councilman Molina seconded the nomination. As there were no
further nominations for Mayor, the nominations were closed. Council-
man Nelson was elected Mayor on the following roll call vote:
AYES: Councilmen Mackey, Molina and Nelson
NOES: Councilmen Stover and Wilkins
5. Election of Mayor Pro Tem
Mayor Nelson opened nominations for Mayor Pro Tem. Councilman
Molina nominated Councilman Mackey as Mayor Pro Tem. The nomination
was seconded; by Councilman Stover . As therewereno further nomina-
tions, the nominations were closed and Councilman Mackey was elected
Mayor Pro Tem unanimously by roll call vote.
REGULAR BUSINESS
Public Comment
(1) Howard Marohn stated that he was pleased that the Counci
listened to the voters and provided new leadership for th
community.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of June 28, 1982 (RECOMMEND
APPROVAL)
2. Resolution No. 28-82 opposing the State of California' s "Re-
verse Bailout" budget proposals (RECOMMEND ADOPTION)
3. Resolution No. 29-82 opposing construction or establishment
of any new correctional institutions and the expansion ,of
existing correctional facilities within the County of San
Luis Obispo at Camp Roberts (RECOMMEND ADOPTION)
4. Agreement with the State of California, Caltrans, for main-
tenance of State highways in the City of Atascadero (RECOM-
MEND APPROVAL)
5. Tentative Parcel Map AT 820108:1, 9365 E1 Bordo, Don Jensen
(Stewart) to allow resubdivision of six parcels into four
lots (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA-
TION)
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MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982
6 . Tentative Parcel Map AT 820401:1, 10320 Atascadero Avenue,
Barry and Sandra Clarke (Morgan) to allow the division of
5.30 acres into two parcels (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
.P
7. Tentative Parcel Map AT 810305:1, Palo Verde Road, William
Fortington, to extend the time allowed to complete require-
ments for the approved tentative map (RECOMMEND APPROVAL OF
PLANNNING COMMISSION RECOMMENDATION)
8. Appeal of conditions of Departmental Review R820407:1, 8842
Palomar, Jerry Noble, to establish a lumber storage/retail
sales yard (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM-
MENDATION)
Mayor Nelson reviewed the items on the Consent Calendar . Council-
man Mackey offered a correction to the minutes. She stated on page 6,
item F-1 (a) , she had said that the parking signs were "limited park-
ing" as opposed to "no parking" .
MOTION: Councilman Wilkins moved for the approval of` the Consent
Calendar with the correction to the minutes. The motion was
seconded by Councilman Mackey and unanimously carried.
B. HEARINGS, APPEARANCES AND REPORTS
1. Public hearing on General Plan Amendment GP 820331: 3, Morro
Road between Pismo and Santa Rosa, Norman P. Klowgard with
expanded area initiated by Planning Commission, to change
General Plan land use designation from High Density Single
Family Residential to Recreation
Larry Stevens reviewed this General Plan Amendment for Council and
stated that the Planning Commission approved the request. Mayor Nel-
son opened the matter for public hearing; as there were no comments,
the hearing was closed.
MOTION: Councilman Mackey moved for the approval of the Planning Com-
mission recommendation. The motion was seconded by Council-
man Stover and unanimously carried.
2. Public hearing on General Plan Amendments GP 820204:1 and
GP 820325: 1 (E1 Camino Real-Montecito Study Area) ; area
bounded by El Bordo Avenue, E1 Camino Real, Montecito Avenue
and Las Lomas Avenue, including lots on the northeasterly
side of Las Lomas; Maxwell, Eddy, Hixson, Pflum, Lilley &
O'Farrell, Williams House of Carpets, Forsman and Ward; ex-
panded area initiated by Planning Commission; to consider
certain General Plan map amendments for Retail Commercial and
Low Density Multiple Family Residential in the Study Area
Larry Stevens reviewed this matter stating that the Planning Com-
mission had approved GP820204: 1, the El Camino Real portion of the
study, applicants Maxwell, Eddy, and Hixson; and denied GP820325: 1,
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MINUTES - ATASCADEROCITY COUNCIL - JUNE 28 1982
the Las Lomas portion of the study, applicants Pflum, Lilley &
O'Farrell, Williams House of Carpets, Forsman and Ward. 0
Mayor Nelson opened the matter for public hearing. Comments were
heard from Don Eddy, _.tonna Kori , Robert Forsman, and Bob Lilley in
support of their applications. As there were no further comments, the
hearing was closed to the public.
Councilman Stover stated that he would abstain from discussion and
voting in this matter as he is a property owner in the area. Council-
members discussed this matter with Councilman Wilkins suggesting that
Council approve GP820204:1, the El Camino Real portion of the study;
and refer the GP820325: 1, the Las Lomas portion of the study, back to
the Planning Commission for consideration during their next General
Plan amendment cycle.
MOTION: Councilman Wilkins moved for approval of GP820204: 1 and refer
GP820325:1 back to the Planning Commission for consideration
in their next General Plan cycle. The motion was seconded by
Councilman Mackey and carried with Councilman Stover abstain-
ing.
3. Public hearing on General Plan Amendment GP 820419:1, initi-
ated by the Planning Commission, to consider text amendments
to the Land Use Element which would eliminate specific
standards for the keeping of animals and replace them with
general policy statements 0
Mr . Stevens reviewed this matter stating that the Planning Commis-
sion had approved the text amendment to the Land Use Element which
specified that standards will be established in the zoning ordinance.
Mayor Nelson opened the hearing for public comment; as there were
no comments, the hearing was closed.
MOTION: Councilman Wilkins moved for the adoption of the Planning
Commission recommendation. The motion was seconded by Coun-
cilman Stover and unanimously carried.
4. Appeal of private sewage disposal system requirements, 7900
San Clemente, Edward Halliday, to determine that an existing
watercourse is not a stream necessitating a 50 foot distance
separation between it and a proposed private sewage disposal
system
Larry Stevens reviewed this matter for Council . He stated that
the information presented should be limited to that given to the Ap-
peals Board. If any new information is presented, the matter should
be returned to the Appeals Board for a recommendation on the new in-
formation. If the Council decides to overturn the determination of
the Appeals Board, they should make findings of fact. The main dis-
agreement is whether or not the watercourse on Mr . Halliday' s property
is a stream. Staff had determined that it qualified as a stream. i4
order to assure reasonable operating conditions for the private sewage
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disposal system. The Board of Appeals supported Staff' s recommenda-
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MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982
tion. Councilmembers asked several questions of Terry Orton from Twin
Cities Engineering.
Dave and Ed Halliday made presentations supporting their conten-
tion that the watercourse is not a stream. Mr . Dave Halliday objected
to the requirement that no new information be presented and stated
-
that 90% of Mr . Stevens' presentation was new information and they
should be granted the same consideration. Mr . Dave Halliday also
stated that no parameters were cited by the City as to what consti-
tutes a stream; he gave several definitions from various State agen-
cies.
There was considerable discussion on this matter with Allen Grimes
reminding Council that it is the appellant's responsibility to prove
that there was not enough evidence to support the Appeals Board' s
finding; they were to show where the Appeals Board made an error in
their determination.
MOTION: Councilman Wilkins moved that the appeal be denied. The
motion was seconded by Councilman Stover and carried on the
following roll call vote:
AYES: Councilmen Mackey, Stover and Wilkins
NOES: Councilman Molina and Mayor Nelson
RECESS 9: 30 p.m. RECONVENED 9: 35 p.m.
5. City Attorney Report No. 20
Mr . Grimes reveiwed his report for Council.
C. UNFINISHED BUSINESS
1. Halliday appeal of drainage requirements, 7900 San Clemente,
to allow use of a formula other than the rational method to
calculate drainage for a proposed driveway culvert at each
end of the culvert - continued
Larry McPherson reviewed the background of this matter and stated
that disagreement centered around the selection of a proper runoff
coefficient used in the design flow calculation. He had used a 0 .04
while Central Coast Engineering, Mr . Halliday' s engineer, uses 0. 20 .
It is Mr . McPherson' s opinion that his determination was properly made
and is not subject to appeal to the City Council.
Mayor Nelson agreed with Mr. McPherson that the matter should not
be appealed before Council. He suggested that Council form a commit-
tee consisting of one Councilmember , Mr . McPherson, Mr . Halliday and
his engineering representative to find a solution to this matter .
Some of the Councilmembers agreed with this proposal; however , Mr .
Halliday objected stating that the matter has gone on now for seven
months.
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MINUTES - ATASCADERWITY COUNCIL - JUNE 28, 1982
MOTION: Councilman Wilkins moved that the appeal be denied.
Councilman Mackey stated that she would second the motion if Coun-
cilman Wilkins would accept an amendment that the matter be referred
to committee. Councilman Wilkins would not accept the amendment.
Councilman Stover seconded the motion and it failed on the
following roll call vote:
AYES: Councilmen Stover and Wilkins
NOES: Councilmen Mackey, Molina and Mayor Nelson
There was further discussion regarding the merits of a committee
to study the subject with Larry McPherson stating that he has given
this matter an extraordinary amount of time and effort and has had
several discussions with Mr . Maddalena, Mr . Halliday' s engineer , as
well as consulting with several other engineers. He does not see that
a committee meeting will change or solve anything.
Mr . Maddalena reviewed this matter stating that the. disagreement
was a matter of economics; the additional requirement by the City
would cost Mr . Halliday between $200 and $300. Councilman Mackey
asked if the disagreement over the last seven months had been over
only $200 or $300. Mr . Halliday stated that there was also the matter
of esthetics.
MOTION: Councilman Wilkins moved that Council deny the appeal. The
motion was seconded by Councilman Stover and unanimously car-
ried.
-2. Resolution No. 30-82 approving an interim budget for the
1982-83 Fiscal Year and appropriating funds therefor
Mr—Warden stated that with Legislative adoption of the State
budget, it looks like the City may receive more than originally anti-
cipated and, hopefully, Council will be able to adopt "A" budget. The
proposed resolution is merely to "keep the store open" ; only necessary
purchases will be made , payroll will continue, capital outlay limited
to lease-purchase arrangements, and no hiring or increase in salaries
will be allowed until a Final Budget is adopted. Mr . Warden noted
that the resolution also approves retroactivity for any salary in-
creases and/or benefits as a result of negotiation agreements with em-
ployee groups.
MOTION: Councilman Mackey moved that Resolution No. 30-82 be read
by title only. The motion was seconded by Councilman Wilkins
and unanimously carried.
Councilman Nelson read Resolution No. 30-82 by title only.
MOTION: Councilman Stover moved for the adoption of Resolution No.
30-82. The motion was seconded by Councilman Mackey an*
unanimously carried by roll call vote.
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MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982
3. Ordinance No. 55 amending Section Map 12-0-33 of the Official
Zoning Maps of the City of Atascadero by placing certain
property in the R-4-D Zone, Reamer - second reading
MOTION: Councilman Wilkins moved that Ordinance No. 55 be read by
title only. The motion was seconded by Councilman Stover and
unanimously carried.
Mayor Nelson read Ordinance No. 55 by title only.
MOTION: Councilman Wilkins moved for the adoption of Ordinance No.
55. The motion was seconded by Councilman Mackey and
unanimously carried by roll call vote.
4. Ordinance No. 56 adding Chapter 1 through 9 to Title 6 of the
Atascadero Municipal Code relating to Health and Sanitation
Mr . Warden explained that Council was in receipt of some correc-
tion pages offered by the County Counsel' s Office. Because of these
changes, it would be in order for Council to approve reading of the
Ordinance as amended and set final reading and adoption, over to their
next meeting.
MOTION: Councilman Wilkins moved that Ordinance No. 56 be read by
title only. The motion was seconded by Councilman Stover and
unanimously carried.
Mayor Nelson read Ordinance No. 56 by title only.
MOTION: Councilman Wilkins moved that the amendments be approved.
The motion was seconded by Councilman Mackey and unanimously
carried.
D. NEW BUSINESS
1. Request of City of San Luis Obispo to change occupancy tax
Mr . Warden stated that the City of San Luis Obispo is requesting
that the cities in the County join with San Luis Obispo in placing the
matter of increasing transient occupancy taxes on the November ballot.
Voters would be asked to consider an increase in taxes from 6% to any-
where from 7% to 9% as a means of generating additional revenues.
Councilmembers discussed this matter and were generally not in favor
of increasing taxes; however , Mayor Nelson felt that if it was put on
the ballot, then the people of the community could decide whether or
not these taxes should be increased. Mr. Warden pointed out that
State and Federal Government is taking the view that cities have
sources of revenue to fund City government, and it may be that Council
will have to consider placing matters on the ballot in the near future
to secure funds to operate the City.
MOTION: Councilman Mackey moved that the Council deny support to the
cities seeking voter approval of an increase in bed taxes.
The motion was seconded by Councilman Stover and unanimously
carried.
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MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982
2. Review of San Luis Obispo Area Council of Governments agenda
Mr . McPherson reviewed the agenda with Councilmembers stating that
the only objection from City Staff standpoint is in item 17 . He felt
that the AB 120 action plan should not be a part of the Regional
Transportation Plan because it could allow private claimants to re-
quest funds through the Regional Transportation Planning Agency.
Council agreed with Staff' s viewpoint and the delegate was instructed
to convey this to the Area Council.
E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS
Mr . Warden advised Council that they will probably be asked to
appoint the new Mayor as President of the Atascadero County Sanitation
District. Also, Mr . Grimes should formally be appointed Attorney for
the District. Councilman Mackey stated that she has received several
complaints regarding the rates. Mr. Warden stated that Staff was pre-
paring a report regarding the rates for Council information and re-
sponse to citizens complaints.
F. INDIVIDUAL DETERMINATION AND/OR ACTION
(1) Councilman Stover complimented Larry Stevens on the informa-
tive meeting held recently regarding new energy standards.
It was very well attended.
(2) Councilman Stover noted that two Councilmembers do not hav
their telephone numbers listed in the telephone book so that
the citizens can contact them. Those Councilmembers not already list-
ed said that they would take the matter under advisement.
(3) Councilman Mackey stated that she would like to hear citizen
response on the Council getting monthly salary. She has
quite a large telephone bill each month from calling long distance on
City business. Also, she using a lot of gas traveling to various
areas in the City where Council consideration is required.
(4) Councilman Nelson asked if anything was being done for Coun-
cilman Highland. Councilman Wilkins stated that a Certifi-
cate of Appreciation had been prepared for Councilman Highland; how-
ever he preferred not to have a public presentation.
(5) Mayor Nelson asked Council to be thinking about holding an
open house in July or August at the City Offices so that the
public can come a see what the City has and get to know Staff and
Councilmembers. He did not think it would cost the City any money,
because it could be done with volunteers.
(6) Mayor Nelson suggested that the new Council, City Clerk, City
Treasurer and City Manager hold an organizational meeting to
discuss how they are going to function in the next two years.
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MINUTES - ATASCADERO CITY COUNCIL - JUNE 28, 1982
2. City Attorney
Mr . Grimes had nothing
3. City Manager
(a) Mr . Warden asked Council when they would like to have
their next budget session. Council set Tuesday, June
29, 1982, at 7: 00 p.m.
(b) Mr . Warden asked the Mayor to be thinking about appoint-
ments to the Water Advisory Board, San Luis Area Council
and Recreation Advisory Board.
(c) Mr . Warden asked Council to make a motion to extend the
terms of the current Recreation Advisory Board members
whose terms expire on June 30th to continue until their successors
are appointed. The reason for this is that Council will not be
interviewing or selecting new Board members until after the Board' s
next meeting.
MOTION: Councilman Mackey moved that the terms of the Recreation Ad-
visory Board be extended until their successors are ap-
pointed. The motion was seconded by Councilman Molina and
unanimously carried.
(d) Mr . Warden reminded Council to place their reservations
for the League' s Annual Convention in. October .
(e) Mr . Warden requested a closed session for the purpose of
discussing labor negotiations. He did not anticipate
any announcements at the conclusion of the meeting.
Council adjourned to closed session at 11:10 p.m. noting that at
the conclusion of the meeting they would adjourn to the following
evening at 7: 00 p.m. for a budget study session. The meeting returned
to regular session at 12: 35 p.m. at which time the meeting adjourned.
Recorded by:
BARBARA NORRIS, City Clerk
By: Ardith Davis
Deputy City Clerk
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MINUTES - ATASCADERO CITY COUNCIL
Adjourned Regular Meeting
June 29, 1982 7: 00 p.m.
Atascadero Administration Building
The meeting was called to order at 7:00 p.m. by Mayor Nelson. It
was noted that the meeting was called for the purpose of continuing
the review of the 1982-83 budget.
PRESENT: Councilmen Mackey, Molina, Stover, Wilkins, and Mayor Nelson
ABSENT: None
Council continued review of the budget with questions being an-
swered by Mr . Warden. Council tentatively decided not to fund India,
Inc. , San Luis Obispo Youth Symphony, San Luis Obispo Symphony, Hos-
pice, Resource Center and the Children' s Theatre. They also tenta-
tively decided that they would fund the EMT-2 Training program in the
amount of $3,426; Family Services in the amount of $300; Hotline in
the amount of $300; the Chamber of Commerce in the amount of $16,00,0;
and the Senior Citizens in the amount of $2,400. Funding of People' s
Self Help Housing was tabled until Councilmembers had an opportunity
to look into the program.
There was discussion regarding adoption of a final budget with
• Councilman Molina stating that he needed more time to study the per-
sonnel additions.
The meeting adjourned at 9:19 p.m.
Recorded by:
MURRAY L. WARDEN, City Manager er
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CITY OF ATASCACERO
TREASURER'S REPORT
JUNE 1, 1982 TO JUNE 30, 1982
RECEIPTS
TAXES
Sales & Use 114 ,605.29
Motor Vehicle "In Lieu" 33,413. 38
Cigarette Tax 3,325.56
Prior Year Secured/Unsecured Tax 1,730.50
LICENSES/PERMITS/FEES 19,696.11
GAS TAX 20,,083.12
TRAFFIC SAFETY 3,687 .91
RECREATION FEES 21,736.45
RETURNED FROM LOCAL AGENCY INVESTMENT FUND
AND MATURED TIME DEPOSITS 135,000.00
INTEREST ON INVESTMENTS 28,705.89
TRANSPORTATION SB-325 2,036.91
REVENUE SHARING -0-
GRANTS 60 ,180 .57
MISCELLANEOUS
Fines - 697.78
Rents/Consessions 658.69
Reimbursement Grant Officers 2,087 .66
Weed Abatement 333.44
Special Police Services 443.90
Reimbursement SB90 Claim 8,650.00
Miscellaneous 2,259.87
TOTAL $ 459,333.03
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CITY OF ATASCADERO
TREASURER'S REPORT
JUNE 1, 1982 TO JUNE 30, 1982
INVESTMENTS
LOCAL AGENCY INVESTMENT FUND 70 ,000.00
TIME DEPOSIT, SANTA BARBARA SAVINGS
14.0% Interest, Matures 07/12/82 100,000.00
TIME DEPOSIT, BANK OF AMERICA
14.75% Interest, Matures 07/16/82 100 ,000.00
TIME DEPOSIT, MID-STATE BANK
14.75% Interest, Matures 07/19/82 100,000 .00
TIME DEPOSIT, SECURITY PACIFIC BANK
14.00% Interest, Matures 08/09/82 100 ,000 .00
TIME DEPOSIT, SECURITY' PACIFIC BANK
13.75% Interest, Matures 08/09/82 100,000 .00
TIME DEPOSIT, MID-STATE BANK
14.00% Interest, Matures 08/23/82 100,000 .00
TIME DEPOSIT, FIDELITY SAVINGS
14.875% Interest, Matures 09/13/82 100 ,000 .00
TIME DEPOSIT, MID-STATE BANK
13.75% Interest, Matures 10/12/82 100 ,000 .00
TIME DEPOSIT, CENTURY FEDERAL SAVINGS
18.25% Interest, Matures 11/18/82 100,000 .00
TIME DEPOSIT, SECURITY PACIFIC BANK
14. 00% Interest, Matures 12/12/82 100,000 .00
TIME DEPOSIT, MID-STATE BANK
14 .60% Interest, Matures 12/20/82 100 ,000 .00
TOTAL INVESTMENT DEPOSITS
$1,170,000 .00
teven M. uto, Treasurer
2
CITY OF ATASCADERO
FINANCE DIRECTOR'S REPORT
JUNE 1, 1982 TO JUNE 30 , 1982
BALANCE AS OF MAY 31, 1982 4,614.50
DEPOSITED BY TREASURER, SEE RECEIPTS,
TREASURER'S REPORT, PAGE 1 459,333.03
TOTAL 463,947.53
HAND CHECK REGISTER DATED 06/30/82 192,658.90
CHECK REGISTER DATED 06/15/82 76-,735.75
CHECK REGISTER DATED 06/30/82 69,515.05
EXPENSE LISTING 93,448.71
TOTAL 432,358.41
BALANCE AS OF JUNE 30, 1982 31,589.12
PETTY CASH 150.00
TREASURY INVESTMENTS
SEE TREASURER REPORT, PAGE 2 1,170,000.00
• TOTAL $1,201,739.12
I ,RALPH H. DOWELL JR. , do hereby certify and declare that
demands enumerated and referred to in the foregoing register
are accurate and just claims against the City and that there
are funds available for payment thereof in the City Treasury.
Dated: July 7, 1982
Ralph H. Dowell, Jr.
Finance Director
M ray Warden
ty M nager 3
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-23- -
CITY OF ATASCADERO
• FINANCE DIRECTOR`S REPORT
JUNE 1, 1982 TO JUNE 30 ,1982
EXPENSE LISTING
PAYROLL DATED 06/02/82 CHECKS #8529-8603 37,667. 41
PAYROLL DATED 06/16/82 CHECKS #8605-8678 36 ,990 .65
PAYROLL DATED 06/30/82 CHECKS #8680-8753 43,047 .97
VOIDED CHECK #13773 ,Ck.Reg.Dated 05/19/82 Pg.3 ( 674.80)
VOIDED CHECK #12751,Ck.Reg.Dated 12/08/81 Pg.7 ( 1,471.43)
VOIDED CHECK #12113 ,Ck.Reg.Dated 06/30/82 Pg.l ( 1,068 .67)
VOIDED CHECK #13905,Ck.Reg.Dated 06/15/82 Pg.l ( 947. 50)
VOIDED CHECK #14046 ,Ck.Reg.Dated 06/30/82 Pg.4 (12,766 .02)
VOIDED CHECK #14036,Ck.Reg.Dated 06/30/82 Pg.3 ( 62. 34)
VOIDED CHECK #14014 ,Ck.Reg.Dated 06/30/82 Pg.l ( 297 .00)
VOIDED CHECK #14035,Ck.Reg.Dated 06/30/82 Pg.3 ( 123. 00)
VOIDED CHECK #14041,Ck.Reg.Dated 06/30/82 Pg.3 ( 884. 00)
c
VOIDED CHECK #13867,Ck.Reg.Dated 06/30/82 Pg.2 ( 1,580.00)
VOIDED CHECK #14070 ,Ck.Reg.Dated 06/30/82 Pg.6 ( 2,762.74)
VOIDED CHECK #13973,Ck.Reg.Dated 06/15/82 Pg.7 ( 19 .82)
VOIDED CHECK #13971,Ck.Reg.Dated 06/15/82 Pg.6 ( 1,600 .00)
TOTAL 93, 448.71
-24-
RESOLUTION NO. 35-82
RESOLUTION AMENDING RESOLUTION NO. 12-79
AUTHORIZING INVESTMENT IN LOCAL AGENCY INVESTMENT FUND
BE IT RESOLVED by the Atascadero City Council that Resolution
No. 12-79 is amended to include the City Treasurer as one of the
officers authorized to order the deposit or withdrawal of monies
in the Local Agency Investment Fund.
On motion by Councilman and seconded by Councilman
the foregoing resolution is hereby adopted in its
entirety on the following vote:
AYES•
NOES:
ABSENT:
ROLFE NELSON, Mayor
• ATTEST:
BARBARA NORRIS, City Clerk
APPROVED AS TO FORM:
/s/ Allen Grimes
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
0/zo�MU RAY K. WARDEN, City M ger
•
RESOLUTION NO. 12-79
RESOLUTION AUTHORIZING INVESTMENT OF
CITY MONIES IN LOCAL AGENCY INVESTMENT FUND
T H E C I T Y C O U N C I L
City of Atascadero, California
WHEREAS, pursuant to Chapter 730 of the Statutes of 1976 ,
Section 16429 . 1 was added to the California Government Code to
create a Local Agency Investment Fund in the State Treasury for the
deposit of money of a -local agency for purposes of investment by
the State Treasurer; and
WHEREAS, the Council of the City of Atascadero does hereby find
that the deposit and withdrawal of money in the Local Agency Invest-
ment Fund in accordance with the provisions of Section 16429. 1 of
the Government Code for the `purposes of investment as stated therein
as in the best interests of the City of Atascadero.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Atascadero does hereby authorizethedeposit and withdrawal of City
monies in the Local Agency Investment Fund in the State Treasury in
accordance with the provisions of Section 16429 .1 of the Government
Code for the purpose of investment as stated therein; and
BE, IT FURTHER RESOLVED that the following City officers or
their successors in office shall be authorized to order the deposit
or withdrawal of monies in the Local Agency Investment Fund:
Murray L. Warden, City Manager
Ralph H. Dowell, Jr. , Finance Director
On motion by Councilman Highland and seconded by Councilman
Nelson , the foregoing resolution is hereby adopted inits
entirety on the following roll call vote:
AYES : Councilmen Highland, Mackey, Nelson, Stover and Mayor
Wilkins
NOES : None
ABSENT: None
ADOPTED: August 13, 1979
s
ROBERT J. WILIINS , JR. , Mayos
ATTEST:
MUR1 Y L. RDEN, City Clerk
f l
^M E_M_O_R A_N D U_M
TO: City Council
FROM: City Manager
SUBJECT: Amendment of Claim for Local Transportation Funds
It is recommended that Councl approve the attached amended
claim for Local Transportation Funds. The original $310 ,175 has
been changed to $298,543. Upon approval, the claim will be for-
warded to the San Luis Obispo Area Council of Government' s staff
for endorsement at the next COG meeting.
The Claim for Local Transportation Funds was submitted for
fiscal year 1980-81 using projections for revenues and expendi-
tures at the beginning of that year . The revised figures express
the final revenues and expenditures experienced during that year
and the activity classifications in which the expenditures were
made.
The amounts shown on the final claim form are subject to a
transportation fund audit.
Major differences appear in two categories - Atascadero Dial
-
A-Ride account was under budget substantially due to the fact
that the service was projected for a 4-bus system and the, City
was unable to obtain the extra two buses because of State pur-
chasing problems. The added amount in Street Maintenance ac-
counts for the balance of funds that qualify under this claim.
The original amount of $85,175 has been changed to $154,417.
Recommend approval of the amended claim.
M RAY WARDEN
MLW:ad
7-8-82
I
ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS
(Claim Number)
TO: San Luis Obispo County Area Council of Governments
979 Osos Street, Suite B
San Luis Obispo, CA 93401
FROM: Claimant: City of Atascadero
Address : 6500 Palma Ave , P.O. Box 747
City: Atascadero Zip Code: 93422
Contact Person: Larry McPherson Telephone No:
This claimant, qualified pursuant to Section 99203 of the Public Utilities
Code, hereby requests, in accordance with Chapter 1400, Statues of 1971, as
amended and applicable rules and regulations, that an allocation be made in
the amount of $ 298 , 543 for the fiscal year 1980 - 1981to be drawn'
from the Local Transportation Fund of the County of San Luis Obispo for the
following purposes and in the following respective amounts as described in
the Annual Project and Financial Plan.
City of Atascadero
(Claimant)
By:
Title; ..City Manager
Date:
Approved by San Luis Obispo County Are: Council of Governments :
By: Title:
Daae: SLOCOG-TDA-4/S0
EXHIBIT A
S T A T E M E N T O F C O N F O R M A N C E
The City of Atascaclero hereby certifies that the Annual
(clai::;ant)
Clair for Local Transportation Funds for Fiscal Year 1980 - 1981 in the
a,.,ount of $ 298 , 543 conforms with:
1. Provis:o;s of Chapter I (co;n,,.encinR with Section. 1090 of Division 4,
Title I) of the Government Code and the requirements of the
Transportation Development Act and its apaiicable rules and
reoulatio;;s .
2. The rules and regulations adopted by the San Luis Obispo County Area
Council of Governr.:ents
3. The Regional Transportation Plan, Transit Development Program, and
the Transportation Improvement Progra�.
Further, the clai":ant certifies that the audit findings pursuant to Section
• 992"5 of the Transportation Development Act have been complied with:
/ Yes
No
Not Applicable --First-year filing for claim
CERTIFIED:
By:
Title Ci ry Manaaer
Da.:.. .
Al1CCa lOn 1nStr�Cti0;is and pa,Inent b�� the Co;.'nty Auditor to this claim'zint
are subject to such ;.,onies being on hand and available for distribution,
and to the Provision that such monies ;gill be used only in accordance with
the ter:-..s or the a --;roved Annual Project arid, Financial Plan.
•
EXHIBIT A
a :;I PROJECT \D, FI`;-UNCIAL PLA
de- e 11
�crie a proposed projects and indicate proposed e1en-
ditures for the ensuing fiscal year.
Project Title and
1 Regio:al Handicapped Pay,-nent of City ' s share of $71936
Transportation System regional handicapped trans-
portation system (Section
99260)
2 Atascadero Dial-A-Ride Includes all direct costs 96 , 190
Transportation System related to operation of the
City ' s Dial-A-Ride transit
system (System 99260) •
3 Equipment Replacement Fund Vehicle and equipment replace- $25 , 000
ment funds for Atascadero Dial-
A-Ride transit system (Section
99260)
4 Bus Parking Lot and turn- For development of property $15 , 000
around Development Fund adjacent to the bus dispatch
location to be used for bus
parking and turn-around.
(Section 99260)
Identi y ap .eor_a;e .article ar.` 5ectien of the Act.
r _ •
EX17TBIT A
Prciacn Title and
Bre C ' Eescrintion rros2` vT,CL�tt
5 Street Maintenance Overlays and seal coats for 0154 ,417
roads and streets within the
City select system (Section
99400a)
:l
T
a. Total claire for Pedestrian a Bicycle Funds (Section 99234) , $
b. Total claim for Article 4 Funds (Section 99260) , $ 144 ; 126
C. Total claim for Article 8(c) Funds (Section 99400c) . $ —0—
d. Total claim for Article 8(a) Funds (Section 99400a) . $ 154 , 417
(1) Total agency budgeted expenditures for streets and
roads (copy must be attached to claim) . $ 586, QaO_
(2) Percentage ofciclaim (d) of total (d--1) . 26 -o
e. Total claim dasiZnated for $ —0—
(Other)
'°Identify appropriate Article and Section of
the Act.
f
EXHIBIT A
M E M O R A N D U M
TO: CITY MANAGER
FROM: PLANNINGDIRECTOR
SUBJECT: TENTATIVE PARCEL MAP AT 820505: 1
LOCATION: 5905-5975 E1 Camino Real ( Lot 4 Block LA )
APPLICANT: Clarance Radke (Stewart)
REQUEST: To divide 0 .31 acres of developed commercial
property into two parcels of 0 . 22 and 0 . 09 acres.
On July 6, 1982 , the Planning Commission conducted a public
hearing on the subject matter approving the division subject
to Conditions 1-3 as set forth in the attached Staff Report.
The Commission discussed the following matter only briefly.
Clarance Radke, applicant, appeared and indicated his con-
currence with the recommendations by Staff.
No one else appeared on the matter.
LAWRENCE STEVENS 'MUffRAY WARDEN
Planning Director C' y Ma ager
i
CITY OF ATASCADERO
"um"DF r wca.roum
1918 q 6I F, 1979
Planning Department July 6 , 1982
CAIDi
STAFF REPORT
SUBJECT: TENTATIVE PARCEL MAP AT 820505:1
LOCATION: 5905, 5915 and 5975 El Camino Real (Lot 4, Block LA)
APPLICANT: Clarence Radke (Stewart)
REQUEST: To allow for the division of 0.31 acres of commercially
developed property into two parcels of 0. 22 and 0.09
acres.
BACKGROUND
1. Existing Zoning: C-1 ,
2. General Plan: Retail Commercial
3. Environmental Determination: The Planning Director has determine
that the project is categorically exempt under Class 15 of th
California Environmental Quality Act (CEQA) .
4. Site Conditions: The site is located within the Central Business
District on the northeastcorner of Traffic Way and El Camino
Real. The site is presently developed with a gas station and two
story commercial structure with the second story being used for
two residential apartments. The site is bounded on the south and
west by a ` fully developed street and to the east is a developed
alley. To .the north the site is bordered by a developed commer-
cial lot.
5. Project Description: The applicant proposes to subdivide a 0.31
acre commercially developed lot into two parcels. Parcel A will
contain 0.09 acres and Parcel B will contain 0.22 acres. Parcel
A will contain a two -story commercial structure and will have ac-
cess to El Camino Real and to the alley. Parcel B -will contain an
established gas station and will have frontage on El Camino Real,
Traffic Way, and the alley.
STAFF COMMENTS
On Thursday, June 10, 1982 the Subdivision Review Board met with the
applicant,, Clarence Radke, and engineer , Dan Stewart, to discuss th;9
project. Also attending the meeting were: Larry Stevens, Planning
Director; Fred Buss, Associate Planner; Jill Kollmann, Planning In-
TENTATIVE PARCEL MAP ?T 820505:1 (Radke)
tern; Patience West, Engineering Aide; and Wayne LaPrade, Planning
Commissioner . The following items were discussed:
1. Existing use of the building.
2. Current parking requirements on the site.
FINDINGS
1. The application, if revised as recommended, conforms to applicable
zoning and subdivision regulations and is consistent with the 1980
Atascadero General Plan.
2. The application is exempt from consideration of the California
Environmental Quality Act.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends ap-
proval of Tentative Parcel Map AT 820505:1 subject to the following
conditions:
1. All pipeline and other easements of record shall be shown on the
Final Map. A letter shall be submitted from each utility company
indicating the nature and extent of any building restrictions. A
Note so stating such restrictions shall appear on the Final Map.
2. A Final Map in compliance 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.
a. Monuments shall be set at all new property corners created
and a Registered Civil Engineer or licensed land surveyor
shall submit a letter certifying that the monuments have been
set prior to recordation of the Final Map.
b. A recently updated preliminary title report shall be submit-
ted for review in conjunction with the processing of the
Final Map.
3. 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.
2
TENTATIVE PARCEL AT 820505:1 (Radke)
ACTION
The Planning Commission should, by motion, direct Staff as deemeaS
appropriate.
, Jtf
REPORT PREPARED BY: ------ __.-
JOEL,M(aSES
ssociate Planner
REPORT APPROVED BY: �� ..(�i�j✓1�
LAWRENCE STEVENS
Planning Director
/Ps
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ME M0 RAN D UM - -- =-
- -1
TO: CITY MANAGER July 7, 1982
FROM: PLANNING DIRECTOR
SUBJECT: TENTATIVE PARCEL MAP AT 820513: 1
LOCATION: 7326 Santa Ysabel (Lot 17, Block JA)
APPLICANT: Gaylen Little and Don Rauch
REQUEST: To allow six apartment units approved by
Departmental Review R820309: 2 to be air-
space condominiums
On July 6, 1982, the Planning Commission conducted .:a public
hearing on the subject matter approving the air-space con-
dominiums subject to conditions 1-4 as set forth in the
attached Staff Report
The Commission discussed the matter only briefly.
• Gaylen Little, the applicant, appeared and indicatedhis
concurrence with Staff recommendations.
No one else appeared on the matter.
/a�*W AMW -
LAWRENCE STEVENS M R L. ARDEN
Planning Director City Man ger
/vh
ofP r _fir r. 1
1979 CITY OF ATASCADERO
LAID Planning Department July 6 , 1982
STAFF REPORT
SUBJECT: TENTATIVE TRACT MAP AT 820513:1
LOCATION: 7326 Santa Ysabel (Lot 17, Block JA)
APPLICANT: Gaylen Little/Don Rauch
REQUEST: To allow six (6)_ apartment units aproved by previous. De-
partmental Review R820309:2 to be constructed as air-space
condominiums.
BACKGROUND
1. Existing Zoning: R-2-B-2-D (506)
2. General Plan: High Density Multiple Family Residential
3. Environmental Determination: The Planning Director prepared A
Negative Declaration for the project in conjunction with the De-
partmental Review indicating that no significant adverse environ-
mental effects are likely to occur. This tract map application is
a Categorical Exemption.
4. Site Conditions: The site is generally level and is undeveloped.
Vegetation consists of 'natural grasses. There is an existing six
foot wood fence along the rear and around both sides of the prop-
erty. The site is bounded on the north, east, and south by single
family residences, and on the west by Adobe Plaza.
5. Project Description: The applicant proposes to create six three
bedroom apartment units as air-space condominiums. Each unit will
also include three bathrooms, a full kitchen and living area, a
single car garage, a landscaped front courtyard and a rear patio.
Each unit has approximately 2,000 square feet of space. A total
of six, parking spaces are proposed. Landscaping is indicated
within the Santa-Ysabel setback and in planters between parking
spaces, as well as in each entry way and courtyard. The exterior '
of the building will be a' combination of cedar siding and stucco
with shake shingle roofing. _Plans also indicate one passive solar
water heater on the front roof section of each unit.
Tentative Tract Map AT 820513:1 (Little/Rauch)
• STAFF COMMENTS
On Thursday, June 10 , 1982 the Subdivision Review Board met with the
applicant, Gaylen Little, to discuss the project. Also attending the
meeting were: Larry Stevens, Planning Director; Fred Buss , Associate
Planner; Jill Kollmann, Planning Intern; Patience West, Engineering
Aide; and Wayne LaPrade, Planning Commissioner . The following items
were discussed:
1. Improvements required for the previous Departmental Review.
2. Deletion of fire hydrant requirement.
3. Drainage plan for the site.
FINDINGS
1. The application, if revised as recommended, conforms to applicable
zoning and subdivision regulations and is consistent with the 1980
Atascadero General Plan.
2. The application as submitted is exempt from provisions of the Cal-
ifornia Environmental Quality Act (CEQA) since an environmental
determination was made in conjunction with the Departmental
Review.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends ap-
proval of Tentative Tract Map AT 820513: 1 subject to the following
conditions:
1. The applicant shall establish Covenants , Conditions, and Restric-
tions (CC&Rs) for the regulation of land use, control of nuisances
and architectural control of all buildings.
a. These CC&Rs shall be submitted for review and approval by the
City Attorney and Planning Department prior to approval of
the Final Map.
b. These CC&Rs shall be administered by a Condominium Homeowners
Association.
2. That all conditions of approval herein specified and any public
improvements required by Departmental Review R820309: 2 are ,to be
complied with prior to the filing of the Final Map.
3. Approval of this Tentative Tract Map shall expire two years from
the date of this approval unless an extension of time is granted
pursuant to a written request prior to the expiration date.
2
Tentative Tract Map AT 820513:1 (Little/Rauch)
4. A Final Map in compliance with all conditions set forth hereirls
shall be submitted for review and approval in accordance with themw
Subdivision Map Act and the City Lot Division Ordinance prior to
recordation.
a. Monuments shall be set at all new property corners created
and a Registered Civil Engineer or licensed land surveyor
shall submit a letter certifying that the monuments have been
set prior to recordation of the Final Map.
b. A recently updated preliminary title report shall be submit-
ted for review in conjunction with the processing of the
Final Map.
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
t
REPORT PREPARED BY:
JOEL MOSES
Associate Planner
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
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M E M 0 R A N D M
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: TENTATIVE PARCEL MAP AT 820426: 1
LOCATION: 5555 Traffic Way ( Lots 28 and 29 , Block LA)
APPLICANT: Foxfire, Ltd. (Hoenstein)
REQUEST: To allow creation of 21 residential units as
air-space condominiums
On July 7 , 1982 , the Planning Commission conducted.-,'a public
hearing on the subject matter approving the condominium sub-
division subject to Conditions 1-5 as set forth in the
attached Staff Report.
The Commission discussed the matter only briefly.
Hank Hoenstein, applicant, appeared and indicated his con-
currence with the Staff recommendation.
No one appeared on the matter.
t�//O,ww 441�lw -
LAWRENCE STEVENS MyRRAY . �,aRDEN
Planning Director ity Manager
M E M O R A N D M
ATO CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: TENTATIVE PARCEL MAP AT 820426:_1
LOCATION: 5555 Traffic Way ( Lots 28 and 29, Block LA)
APPLICANT: Foxfire, Ltd. (Hoenstein)
REQUEST: To allow creation of 21 residential units as
air-space condominiums
On July 7, 1982, the Planning Commission conducted a public
hearing on the subject matter approving the condominium sub-
division subject to Conditions 1-5 as set forth in the
attached Staff Report.
The Commission discussed the matter only briefly.
• Hank Hoenstein, applicant, appeared and indicated his con-
currence with the Staff recommendation.
No one appeared on the matter.
LAWRENCE STEVENS M RAY GARDEN
Planning Director ity Yfanager
i
iris5 �s s CITY OF ATASCADERO
Planning Department July 6, 1982
STAFF REPORT
SUBJECT: TENTATIVE TRACT MAP AT 820426:1
LOCATION: 5555 Traffic Way (Lots 28 & 29, Block LA)
APPLICANT: Henry J. 'Hohenstein (John R. Mitchell)
REQUEST To allow creation of 21 air-space residential condominium
units.
BACKGROUND
1. Existing Zoning: R-4-B-2-D(506)
2. General Plan: High Density Multiple Family Residential (16 dwell-
ing units/acre maximum)
3. Environmental Determination: An initial study environmental de•
scription form has been completed. The Planning Director has pre-
pared a draft Conditional Negative Declaration indicating the pro-
ject will not have a significant adverse effect upon the environ-
ment if certain mitigation measures are incorporated into the
project.
4. Site Conditions: The 2.04 acre site isolocated along the urban-
ized area of Traffic Way. The, lot does not contain any struc-
tures. Natural vegetation is composed of 40-50 trees and native
grasses. Overall average slope of the lot is 32.2% from the high-
est point at the southwest corner (Juanita Avenue) to the lowest
point at the northeast corner (proposed driveway) . The low point
has a 'headwall and 24 inch culvert which diverts drainage from the
area under and across Traffic Way. An eight inch sewer line runs
parallel to the northern property line along the edge of a natural
drainage swale. One fire hydrant is located at the center of the
lot -frontage along Traffic Way. Water , gas and electricutility
lines are in place in Traffic Way. No street improvements exist
along the lot frontage, however, improvements abut the site to the
south.
5. Project Description: The applicant proposes to create 21 air
space residential lots (condominiums) for the purpose of individ-
ual sales. The applicant intends to form a Homeowners' Associa-
tion and prepare Conditions, Covenants and Restrictions (CC&Rs)i
to govern operation and maintenance of the property.
Tentative Tract Map AT 820426:1 (Hohenstein)
• STAFF COMMENTS
On Thursday, June 10, 1982 the Subdivision Review Board met with the
applicant, Henry J. Hohenstein, and John R. Mitchell, his architect,
to discuss the project. Also attending were: Larry Stevens, Planning
Director; Wayne LaPrade, Planning Commissioner; Fred Buss, Associate
Planner; Patsy West, Engineering Aide; Jill Kollmann, Planning Intern;
and Kami Griffin, Planning Intern. The following items were
discussed:
1. Location of the drainage headwall and required street improvement.
2. Drainage improvements.
3. Fire hydrant onsite or move existing hydrant to better location.
4. Retaining device along embankment of Traffic Way frontage when cut
by sidewalk improvements.
5. Driveway widths a minimum of 18-20 feet.
6. Tree removal.
7 . Specialized landscaping in the open space area.
• 8. Emergency access not required.
9 . Signing not permitted under current code.
10. No grading in the dripline of the trees.
FINDINGS
1. The project will not have a significant adverse effect upon the
. environment and the preparation of an Environmental Impact Report
is not necessary.
2. The project conforms to all applicable zoning and subdivision reg-
ulations and is consistent with the 1980 Atascadero General Plan.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends:
A) Issuance of a Conditional Negative Declaration as follows:
. 1. Adequate provision shall be made to minimize grading and tree
removal on the site.
2
Tentative Tract Map AT 820426: 1 (Hohenstein)
2. Adequate provision shall be made to minimize fire hazards in•
conjunction with site development.
3. Adequate provision shall be made for drainage and erosion
control in conjunction with site development; and,
B) Approval of Tentative Tract Map AT 820426:1 subject to the fol-
ing conditions:
1. The applicant shall establish Covenants, Conditions and Re-
strictions (CC&Rs) for the regulation of land use, control
of nuisances and architectural control of all buildings.
a. These CC&Rs shall be submitted to and approved by the
City Attorney and Planning Department prior to approval
of the Final Map.
b. These CC&Rs shall be administered by a Condominium Home-
owners' Association.
2. All conditions of approval herein specified and any public
improvements required by Departmental Review R820426: 1 are to
be complied with prior to the filing of the Final Map.
3. Approval of this Tentative Tract Map shall expire two years
from the date of this approval unless an extension of time*
is granted pursuant to a written request prior to the expi-
ration date.
4. A Final Map in compliance with all conditions set forth here-
in shall be submitted for review and approval in accordance
with the Subdivision Map Act and City Lot Division Ordinance
prior to recordation.
a. Monuments shall be set at all property corners and a
Registered Civil Engineer or licensed land surveyor
shall submit a letter certifying that the monuments
have been set prior to recordation, unless certification
is received that corners are already monumented.
b. A final title policy (CLIA or ALTA) shall be submitted
for review in conjunction with the processing of the
Final Map.
5. This Tentative Tract Map shall become null and void if De-
partmental Review R820426:1 is not approved.
3
Tentative Tract Map AT 820426:1 (Hohenstein)
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
TO APPROVE: Motion to adopt findings and set conditions.
TO DENY: Motion setting findings for denial.
REPORT PREPARED BY-
FRED BUSS
Associate Planner
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
•
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M E M O R A N D U M
TO: CITY MANAGER July 7, 1982
FROM: PLANNING DIRECTOR
SUBJECT: LOT LINE ADJUSTMENT LA 810320 : 1
LOCATION: 5560 Nogales
APPLICANT: Kendall Gallanger (Hilliard)
REQUEST: To extend the time allowed to complete
requirements for an approved lot line
adjustment.
On July 6, 1982 , the Planning Commission considered the
subject matter approving the time extension for one year
as set forth in the attached Staff Report.
There was no discussion since this matter was on the
Consent Calendar.
No one appeared on the matter.
-411'.w — -
LAWRENCE STEVENS M RAY WARDEN
Planning Director City M nager
u
CITY OF ATASCADERO
1918 1979
r
C1�D Planning Department July 6 , 1982
STAFF REPORT
SUBJECT: LOT LINE ADJUSTMENT LA 810320:1
LOCATION: 5560 Nogales Street (Ptn. 'Lots 2 and 3, Block OA)
APPLICANT: Kendall B. Gallanger (Hilliard)
REQUEST:, To extend the time allowed to complete requirements for
-an approved lot line adjustment.
BACKGROUND
1. Existing Zoning: R-1-B-3-D
2. General Plan: Moderate Density Single Family Residential
3. Site Conditions: The site is generally flat near the front to
steeply sloping in the rear . Both lots are presently developed
with single family residences. The lots have frontage on Nogales
to the west, while the remaining three sides adjoin developed
residential property. In addition to the residences on each lot,
Parcel B is developed with a garage situated within the required
front yard setback.
4. Project Descriptions The ,applicant is requesting a one year time
extension for filing a final lot line adjustment map.
TAF
S FMMENT
CO S
On April 20 , 1981, the Planning Commission approved Lot Line Adjust-
ment LA 810320:1. The applicant is now .requesting a time extension
to complete requirements prior to the recordation of the final lot
line adjustment. On June 10, 1982, the Subdivision Review Hoard met
to review the time extensionandindicated that there was no reason
not to grant the time extension.
RECOMMENDATION
The Planning Department recommends approval of the time extension sub-
ject to the conditions set forth at the time the project was original-
ly approved. Approval of this one year time extension shall expire at
5:00 p.m. on April 27, 1983.
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Lot Line Adjustment LA 810320:1 (Gallanger)
ACTION
Direct Staff by motion as deemed appropriate.
REPORT PREPARED BY: '
KAMI IFF
Planning Ifitern
REPORT APPROVED BYk:�Za_uA
—�4k z�Ii
LAWRENCE STEVE S
Planning Director
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M E M OR A N D U M
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: DEPARTMENTAL REVIEW R 820426 :1
LOCATION: 5555 Traffic Way (Lots 28 and 29, Block LA)
APPLICANT: Foxfire, Ltd. (Hoenstein)
REQUEST: To. construct 21 multiple family residential
units.
On July 6, 1982 , the Planning Commission conducted.; a public
hearing on the subject matter unanimously authorizing a
Conditional Negative Declaration and approving the multiple
family project subject to Conditions 1-15 as set forth in
the attached Staff Report.
• The Commission discussed the matter only briefly.
Hank Hoenstein, applicant, appeared and indicated his support
for the Staff recommendation.
The following persons appeared and commented on the matter:
Doug Lewis inquired about the soil stability of the
site, the use of Juanita Lane for access, the location
of the sewer line and the steepness of the driveway.
No one else appeared on the matter.
G Jam -
LAWRENCE STEVENS RU-AW L A DEN
Planning Director City ana "er
•
f
. G .,
1918 1979 CITY OF ATASCADERO
\ 0/ Planning Department July 6, 1982
STAFF REPORT
SUBJECT: DEPARTMENTAL REVIEW R820426:1
LOCATION: 5555 Traffic Way (Lots 28 & 29, Block LA)
APPLICANT: Henry J. Hohenstein (John R. Mitchell)
REQUEST: To allow construction of 21 multiple family residential
units.
BACKGROUND
1. Existing zoning R-4-B-2-D(506)
2. General, Plan: High Density Multiple Family Residential (16 dwell-
ing units/acre maximum)
3. Environmental Determination: An initial study environmental de-e
scription form has been completed. The Planning Director has
prepared a draft Conditional Negative Declaration indicating the
project will not have a significant adverse effect upon the envir-
onment if certain mitigation measures are incorporated into the
.project.
4. Site Conditions: The 2.04 acre site is located along the urban-
ized area of Traffic Way. The lot does not contain any struc-
tures. Natural vegetation is composed of 40-50 trees and native
grasses. Overall average slope of the lot is 32.2% from the high-
est point at the southwest corner (Juanita Avenue) to the lowest
point at the northeast corner (proposed driveway) . The low point
has a headwall and 24 inch culvert which diverts drainage from the
area under and across Traffic Way. An eight inch sewer line runs
parallel to the northern property line along the edge of a natural
drainage swale. One fire hydrant- is' located at the center of the
lot frontage along Traffic Way. Water , gas and electric utility
lines are in place in Traffic Way. No street improvements exist
along the lot frontage, however , improvements abut the site to the
south.
5. Project Description The applicant proposes to construct 21 mul-
tiple family residential units (condominiums) on 2`.04 acres of
land (10 .29 dwelling units per acre) .- Each unit is a two story, •
two bedroom dwelling with floor areas ranging from 860 to 958
square 'feet. Floor plans A, C and D each have two car garages;:
floor plan B has a one car garage, and eight open guest parking
spaces are provided for a total of 47 spaces on site. Proposed
Departmental Review R820426:1 (Hohenstein)
• exterior elevations indicate use of horizontal wood "Cottage Lap"
siding and composition roof. The site is laid out on two terraces
with a single driveway entrance at the northeast corner from Traf-
fic Way. The two terraces are joined by a driveway with a 19%
grade. A large area between the terraces is to be a natural open
space area planted with low maintenance vegetation. Twenty-five
to thirty of the forty to fifty trees on the site are proposed to
be saved. An onsite fire hydrant has been proposed by the appli-
cant for the upper terrace. Grading will be kept to a minimum. A
project sign is proposed alongside the entrance drive.
STAFF COMMENTS
Staff reviewed the project and noted that it generally conforms to ap-
plicable development standards with some site modifications to drive-
way widths, drainage, street improvements and elimination of the pro-
posed project sign. Staff wants to ensure that adequate width is
provided throughout the project, especially in the entrance area.
Speed of traffic along Traffic Way may require a widened shoulder area
for right turns into the project. The sign proposed by the applicant
is not permitted under the current zoning ordinance.
• FINDINGS
1. The project will not have a significant adverse effect upon the
environment and the preparation of an Environmental Impact Report
is not necessary.
2. The site of the proposed multiple family residential use is ade-
quate in size and shape to accommodate said use and all yards,
fencing, parking, landscaping and other features required by the
Atascadero Municipal Code.
3. Streets in the vicinity of the proposed use are adequate to carry
the quantity and kind of traffic generated.
4. The proposed use will have no adverse effect on abutting property
or the permitted use thereof provided all conditions are complied
with.
5. The establishment and conduct of the proposed multiple family res-
idential use for which the Departmental Review is sought will not
be detrimental to the public welfare or be injurious to property
or improvements in the neighborhood.
2
Departmental Review R820426:1 (Hohenstein)
RECOMMENDATION •
Based upon the above Findings, the Planning Department recommends:
A) Issuance of a Conditional Negative Declaration as follows:
1. Adequate provision shall be made for drainage and erosion
control in conjunction with site development.
2. Provision shall be made to minimize unnecessary grading and
tree removal on the site.
3. Adequate provision shall be made to minimize fire hazards in
conjunction with site development; and
B) Approval of Departmental Review R820426 : 1 subject to the following
conditions:
1. Site development including buildings , driveways , parking,
landscaping and other features shall be consistent with plans
submitted including modifications included herein.
2. Submit two copies of detailed landscape and irrigations plans
indicating size, type and spacing of plant materials proposed
for review and approval by the Planning Department prior to
issuance of building permits. •
a. Raised concrete curbs or similar shall border each
planter area.
b. Plant materials shall be sized to achieve a mature ap-
pearance within three years.
C. The type of irrigation system shall depend upon the type
of plant materials used and their watering needs.
d. Special attention shall be given to retaining as many
existing trees as possible on the site. The applicant
shall review all proposed tree removals with the Plan-
ning Department and may be required to make minor revi-
sions to retain those trees. Protective measures for
trees to be retained shall be reviewed with the Planning
Department for adequacy.
3. In the event that archeological resources are discovered on
the subject site during construction of this project, said
resources are to remain undisturbed after discovery and con-
struction activity shall cease immediately. The Planning
Department is to be notified so that proper disposition of
the resources may be accomplished. Construction may resume
only upon authorization by the Planning Department. •
3
Departmental Review R820426 : 1 (Hohenstein)
4. Building architecture shall be consistent with elevations
submitted.
a. Roof-mounted mechanical equipment shall not be permitted
unless it can be adequately screened from public rights-
of-way and adjacent property.
5. Provision shall be made for paved and enclosed trash storage
areas in locations approved by the Planning Department.
6 . All new utilities and utility connections shall be placed
underground.
7 . Outdoor lighting fixtures shall be designed to minimize on-
site and off-site glare.
8. Submit two sets of grading and drainage plans indicating
grade of building pads, flow lines at top of curb, etc. , for
review and approval by the Planning Departmentprior to is-
suance of any permits.
a. Drainage from site shall not be allowed to flow directly
to adjacent properties or across any public sidewalks or
driveways.
b. The existing headwall for the Traffic Way culvert shall
be relocated in conjunction with road improvements.
C. All grading shall conform to Appendix Chapter 70 of the
Uniform Building Code. Any grading necessary for site
development shall be subject to first securing necessary
permits. Grading within the driplines of existing trees
shall be kept to a minimum.
9. Parking shall be provided generally as shown on plans sub-
mitted. Parking and access areas shall be paved with a mini-
mum 2" AC on adequate base. Spaces not located within gar-
ages shall be striped and provided with wheel stops or ap-
proved functional equivalent.
a. Driveways on the lower terrace and entrance shall be a
minimum of 20 feet in width. The driveway to the second
terrace shall be a minimum of 18 feet in width.
10. The project shall be connected to the community water system.
Submit evidence from Atascadero Mutual Water Company indicat-
ing they are willing and able to provide service prior to is-
suance of permits.
11. The projet shall be connected to community sewers. Obtain a
sewer connection permit from the Atascadero Sanitation Dis-
trict which has indicated that they are willing and able to
provide service.
4
• 0
Departmental Review R820426: 1 (Hohenstein)
12. The fire hydrant existing at the frontage of the lot shall beAMk
moved closer to the driveway entrance unless an on-site fire
hydrant is provided. Relocation of the existing hydrant or
location of a new on-site hydrant shall be approved by the
Fire Department.
13 . Install concrete curb, gutter and sidewalk and street pave-
out along the entire Traffic Way frontage. Said improvements
shall be constructed under an inspection agreement and en-
croachment permit issued by the Public Works Department.
a. Improvement drawings shall be submitted to the Public
Works Department for approval.
b. Any dedications necessary to accommodate required street
widths shall be made.
C. An approved form of bank retention shall be employed
adjacent to the public sidewalk improvements. Said plans
shall be, submitted to the City Engineer for approval.
14 . This Departmental Review approval is granted for a maximum
period of one year from the date of final approval unless a
time extension is granted by the Planning Director pursuant
to a written request filed a minimum of ten days prior to the
expiration date.
15. All conditions of approval established herein shall be com-
plied with prior to occupancy of the buildings by the pro-
posed use.
ACTION
The Planning Department should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED BY:
FRED BUSS
Associate Planner
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
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MEMORANDUM
TO: CITY MANAGER July 7 , 1982
FROM: PLANNING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENT GP820330:1
ZONE CHANGE 2820330 :1
LOCATION: 35,55 E1 Camino Real (Lot 102, Block 19)
APPLICANT: Wallace Dunn
REQUEST: To change the General Plan land use designation from
Suburban Single Family Residential to High Density
Multiple Family Residential and to change the
zoning from A-1 to R-4 .
On May 17, 1982 the Planning Commission conducted a public hearing
on the subject matters and denied the General Plan Amendment and
the Zone Change as set forth in the attached Staff Report. On
June 7, 1982 the Planning Commission adopted Resolution No. 7-82
denying the General Plan Amendment.
The Commission discussed the following matters related to this
recuest,
conformance of the proposed density with land use policies`
in the General Plan
- suitability of the steep terrain for senior citizen housing
adverse effects on surrounding single family residential `
area
Wally Dunn, applicant, appeared and stated his support for the
reauested General Plan Amendment and Zone Change. He pointed out
the need for housing in Atascadero which was affordable for senior
citizens, the limited opportunity for future Federal Funding for
such projects and the desirable aspects of the subject site (i.e.
low/and cost, capability to connect to sewer) Mr. Dunn also
explained the status of the Federal program under which funding
was being sought.
Ralph McCarthy, applicant' s architect, provided some background
on the design of the project.
GENERAL PLAN AMENDMENT GP820330:1
ZONE CHANGE 28203*:1
Page 2
The following persons also appeared and commented on this matter:
Joe Walters, El Camino Real resident, expressed concern regarding
a possible safety hazard that would be incurred with regard to
erosion and inquired about the cost of the extensivegradingas
opposed to locating a high priced piece of property for the
project.
Robert Robinson, adjacent property owner, stated his opposition
to the requests and noted that if the development is constructed
as proposed, it would look right down into his back yard.
Victor Parker, adjacent property owner, noted his objection to the`
project and talked about the steepness of the slope of the hill.
Virginia Cook, El Camino Real resident, commented on the diffi-
culty involved in controlling the erosion problem that washes down
from the slope and noted that because of the steepness of the hill,
it would be difficult for senior citizens to move about.
Pam Cox, property manager for Briarwood Management, noted that
locating senior housing in the City is quite difficult because of
fixed incomes and the limited number of appropriate types of units.
Harry Russell, Robert Anderson, and Bill Graham, all adjacent
property owners, expressed their opposition to the project because
it was their feeling that the density was inappropriate for this
area and the project was totally out of character with the general
plan.
Mike Jackson, Amargon 'resident, noted that in his previous exper-
ience of managing apartment units, it was almost impossible to
rent a two story unit to senior citizens because of the difficulty
in going up and down the stairs.
Mrs. Scantlon, Paso Robles resident, noted that senior citizens
have had _difficulty in trying to locate affordable housing in the
City. She also commented that 'there are three year waiting lists
in Paso kRobles for this type of housing.
Paul Pickering, SylviaWakeman, and Mr. McCoy, all area residents,
expressed their opposition to the project due to the erosion
problem and the feeling that the concept of the requests was out
of character with surrounding densities and the 'general plan.
Richard Shannon, area realtor, talked about efforts made in trying
to locate a suitable site for this type of project
Clayton Fell, Paso Robles resident; talked in support of the pro-
ject and
ro-ject "and commented that the erosion problem could be solved
through good engineering standards.
GENERAL PLAN AMENNT GP820330 : 1
ZONE CHANGE 282033 1
Page 3
Donna Hare, Colima Road resident, felt that the project was not
compatible with surrounding area.
Scott Greenaway, Palomar resident, commented that area residents
are only trying to insure protection of their property and family
investments and noted there are other programs available for
financing that would enable flat land for this type of project.
Joe Rinehart, San Pedro resident, noted his objection to the
request and felt that the steep grade would make it difficult for
senior citizens to move about.
Wally Greenaway, Rosario resident, also concurred that the steep
slope would pose difficulty for seniors and noted that the
project is not consistent with surrounding densities .
Art Perella, Hermosilla resident, objected to the project.
No one else appeared on the matter.
LAWRENCE STEVENSd RAY . WARDEN
Planning Director ity anager
RESOLUTION NO. 7-82
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
RECOMMENDING DENIAL OF GENERAL PLAN AMENDMENT GP
820330 : 1 (DUNN)
WHEREAS , the Atascadero Planning Commission conducted a public
hearing on the subject matter; and,
WHEREAS , Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and
WHEREAS , approval of the General Plan Amendment and Zone Change
applications should not result in any significant adverse environmen-
tal impact as long as appropriate mitigation measures are introduced;
and,
WHEREAS , the proposed General Plan amendment would encourage dev-
elopment which is not consistent with policies set forth in the 1980
Atascadero General Plan since it would not be compatible with sur-
rounding land uses and densities; and,
WHEREAS , the intensity of use which would occur from the proposed
project is out of character with existing and proposed uses in the
surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero Planning Com-
mission does hereby recommend denial of General Plan Amendment GIs
820330: 1 (Dunn) .
On motion by Commissioner and seconded by
Commissioner , the foregoing resolution is
adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
SHIRLEY MOORE, Chairman
ATTEST:
LAWRENCE STEVENS , Planning Director
APPROVED AS TO FORM:
ALLEN GRIMES , City Attorney
it 7-7 F n
i
.w.«.m CITY OF ATASCADERO
191
\ mo/ Planning Department May 17, 1982
STAFF REPORT
SUBJECT: GENERAL PLAN AMENDMENT GP 820330: 1
ZONE CHANGE Z820330:1
LOCATION: 3555 El Camino Real (Lot 102, Block 19)
APPLICANT: Wallace Dunn (Robert Smith)
REQUEST: To change the General Plan land use designation from Sub-
urban Single Family Residential to High Density Multiple
Family Residential and to change the zoning from A-1 to
R-A.
BACKGROUND
1. Prior Action: On April 19, 1982, Staff presented General Plan
Amendment GP820330 : 1 to the Planning Commission for consideration.
The Planning Commission, with subsequent concurrence from Council,
directed Staff to consider the application and prepare a report
without expanding the area to include other properties.
2. Existing Zoning: A-1
3. General Plan: Suburban Single Family Residential
g Y
4. Environmental Determination: An initial study environmental de-
scription form has been completed. The Planning Director has pre-
pared a Conditional Negative Declaration indicating no significant
adverse environmental effects will result if certain mitigating
measures are incorporated into the project.
5. Project Description: Information submitted by the applicant in
support of the requested changes from Suburban Single Family Resi-
dential to High Density Multiple Family Residential and from A-1
to R-4 indicates future intent to develop a portion of the prop-
erty (approximately three acres) with multiple family units in
conjunction with a proposed senior citizens housing project (52
units) . The remaining two acres would eventually be developed as
a church facility by the Pentecostal Church of God (current owners
of the property) .
•
0
GENERAL PLAN AMENDMENT GP820330:1/ZONE CHANGE Z820330 : 1
STAFF COMMENTS
The applicant' s request involves both a general plan amendment and a
zone change. Government Code Section 65862 allows for simultaneous
hearing on such requests although the hearings may be concluded at
different times.
The property in question was originally intended to be developed as a
church by the owner , the Pentecostal Church of God. The property was
annexed to the Atascadero Sanitation District and Improvement District
No. 1 in 1977 and it is the only property on the north side of El Cam-
ino Real that is in those Districts . The applicant' s proposal to con-
struct multiple family units is based on the ability to connect to the
sewer . While the General Plan does not indicate that access to sewers
is a consideration for locating multiple family development, it does
establish other criteria (see Residential Policy Proposal #7 , p. 62)
such as topography, drainage, fire protection, traffic circulation and
compatibility with surrounding land uses for consideration in evalu-
ating such proposals.
Of most concern is the appropriateness of the site for the intended
multiple family use in light of the surrounding large lot, rural resi-
dential uses. An "island" of multiple family development at approxi-
mately 16 units per acre would not seem to fit in with the surrounding
single family residential area. Lot sizes in the area range from . 5
acres to approximately 5 acres, with the majority of the lots bein
slightly over one acre. Of those lots immediately surrounding the
property in question, all are single family residences. Across El
Camino Real, development consists of a small amount of commercial with
a number of single family residences. It is likely that as time
passes, future development on the south side of El Camino Real will be
commercial in nature, as the General Plan designation is Commercial
Park and Retail Commercial.
It seems particularly difficult to create such "spot" situations where
there would be major density differences between properties possessing
similar characteristics. While certain merit can be attached to the
desire to provide housing affordable to senior citizens, it is never-
theless important to do so on sites with appropriate compatibility
with surrounding uses. The subject site for this development seems
particularly out of character with surrounding development due to
significant contrasts in intensity of use including drainage, site
coverage, density and traffic. The subject site differs from adjacent
property only in that it can connect to community sewers. General
plan and zoning decisions should be based on site characteristics
rather than the desirability of a particular development proposal.
FINDINGS
1. Approval of the General Plan Amendment and Zone Change applicav
tions should not result in any significant adverse environmental
impact as long as appropriate mitigation measures are introduced.
2
GENERAL PLAN AMENDMENT GP820330:1/ZONE CHANGE Z820330 :1
2. The proposed General Plan amendment and Zone Change would encour-
age development which is not consistent with policies set forth in
the 1980 Atascadero General Plan since it would not be compatible
with surrounding land uses and densities.
3. The intensity of use which would occur from the proposed project
is out of character with existing and proposed uses in the sur-
rounding neighborhood.
4 . Granting of a Zone Change which would be inconsistent with the
General Plan is inappropriate.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends de-
nial of General Plan Amendment GP820330: 1 and Zone Change 2820330:1.
ACTION
The Planning Commission should by motion direct Staff as deemed -appro-
priate. (Note: A Resolution should be prepared for a General Plan
Amendment. )
REPORT PREPARED BY:
JILL KOLLMANN
Planning Intern
REPORT APPROVED BY:
LAWRENCE STEVENS
Planning Director
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M_E M O_R A-N D U_M
TO: City Council
FROM: City Manager
SUBJECT: 3F Meadows petition for street maintenance
The attached memo from the Public Works Director; outlines at
least two alternatives for consideration in addressing the main-
tenance and construction of some non-dedicated, as well as dedi-
cated, streets within the City. It also applies to the petition
forwarded by the property owners in 3F Meadows asking for consid-
eration of alternative street construction and maintenance pro-
grams.
The overall City-wide implication of these approaches may be
a subject you would care to discuss as well as the particular
applications to; 3F Meadows. Whichever approach you:- favor it
would be appropriate to instruct Staff to prepare the necessary
implementing documents to either address only the 3F Meadows
problem, or to consider the City-wide problem, or any portion of
these two alternatives.
It would appear that the maintenance district offers the
greater number of options. It may be more favorable from a prop-
erty owner ' s standpoint in that the property owners themselves
can determine the level 'of road maintenance and the City merely
acts- as a service agency in meeting those property owner deter-
mined standards. Because of the overall prohibitive costs of
attempting to solve all the road problems within the City, it
seems that an approach as suggested herein by the maintenance
district offers the best opportunities for solving some of our
street problems. adopted.
Accordingly, it is our suggestion that the Council instruct
Staff to prepare the -n-ecessary dormumenLg for a ro .aintenanne
district oac n , upon preparation of the necessary analysis
ana im documents, that schedu ed h arinas be held to
work out some of the problems involved
JR;R AL�
. WARDEN
MLW:ad
7-8-82
M E M O R A N D U M
TO: Murray
FROM: Larry McPherson
SUBJECT: Response to Petition for Street Maintenance in
Portions of 3-F Meadows Development
On March 10, 1982 you received a petition from 44 property
owners in the 3-F Meadows area asking for City assistance in
maintenanceofsome of the roads in that area. The petition
covered the lots fronting on the following streets: Andrita,
Casanova, Carmelita, Barranco, Barranco Heights, and Lucinda
Lane.
The request was to provide guidance and investigate the
various methods for providing long term maintenance to the
roads mentioned above. For the Council 's information, the
discussions and findings discussed in this memo can apply to
a wider scale area or to even the entire City. In times of
financial limits such as this City's present experience, it
is extremely important that suppl4mental sources of funding
be explored to enable the maintenance of all City streets at
a reasonable level.
Before discussing the various maintenance alternatives
based on this request, it is in order to briefly outline the
City' s responsibility for providing this service.
Since 1957, the Streets and Highways Code provides that:
"No public or private street or road shall become a city
street or road until and unless the governing body, by re-
solution, has caused said street or road to be accepted into
the City street system; nor shall any city be held liable
for failure to maintain any road unless and until it has been
accepted into the city street system by resolution of the
govern i ng.�bod " .4 wi ._... _� ,� e ....�..�, .._�, • �....�•
„Sf ' :3 �aas� 7xdded� ter.Government Code on August
25, 1981 providing that maintenance work performed by City
forces on any road that has not officially been accepted as
a part of the road system does not constitute a liability or
ongoing maintenance obligation by the fact that work was done
by City forces.
This City presently maintains- only the roads that were
previously accepted by the County Board of Supervisors or
by the City Council. All other roads, public and private,
that were not accepted by 'formal Board or Council action are
not maintained.
Street Maintenan � -
ce 3 F
page two
Although the roads in 3-F Meadows are public roads and im-
proved to a higher standard, they were never accepted for
maintenance by the governing board. The reasons behind this
situation are varied and controversial, but basically revolve
around a disagreement between the developer and the County
concerning road construction standards.
Following are some alternatives available to have road
maintenance services provided by the City should the Council
agree to provide those services:
1) Bring the roads up to current City Standards by any
means necessary, including asphalt overlays, drainage
structures, widening, or reconstruction. City would
accept the roads into the City system on satisfactory
completion of the corrective work.
The work could be accomplished by the owners using
qualified personnel and private financing or they
could petition to form a road assessment district
whereby the City would have the engineering and con-
struction performed by contract, arrange financing,
and bill the property owners by annual assessment.
Several assessment procedures are available to achieve
this alternative.
It should be mentioned that the least expensive
alternative would be to have the work done without
going through the assessment process, since the
property owners would be required to pay all adminQj�
istrative and financing costs with an assessment
district. These administrative costs frequently
add substantially to the final assessment.
The advantages of a road construction assessment
district is that it spreads the costs to all benefitting
property owners and allows the costs to be spread over
a longer term.
A rough estimate of the cost of this alternative would
be a one time cost of $85, 000 to $100 , 000 for con-
struction only. This equates to a cost of $1, 200 to
$1, 400 per lot plus any engineering, administration,
or financing costs.
2) Create a maintenance district as provided starting in
Section 5820 of the Streets and Highway Code. Benefitting
property owners would pay an annual assessment to cover
the costs of City provided street maintenance.
Street Maintenanc-1-F
page three
This alternative creates a maintenance district covering
the benefitting properties and allows those in such a
district to have street maintenance services at cost,
which would be collected as an annual assessment on the
property tax bill.
Those property owners within such a district would decide
on the level of service to be provided and make recom-
mendation to Council to fix the assessment rate. This
procedure does not incur any long term City maintenance
responsibilities and the property owners can petition
to dissolve the district subject to City Council approval.
The size of such a district is flexible and can be limited
to several properties or cover the entire City.
The advantage of the road maintenance district is that it
can provide any level of service without the necessity of
the initial high cost of bringing the streets to current
standards. Usually the annual maintenance assessment is
much lower than would be the payment on an obligation bond
for the street construction.
Presently it costs approximately $2 , 500 per mile to provide
basic maintenance services for City streets. This does not in-
clude capital projects such as overlays or reconstruction, which
would bring the total cost to approximately $5, 000 per mile under
the current program.
Based on a calculation of 2.15 miles of roadway with 72 lots
in` the area under consideration, it would cost $5, 375 or $75
pe � A4per year for basic street maintenance services such as:
pothol* •rejjair, shoulder grading, drainage maintenance, -signs,
etc.
In order to provide for upgrading or long term repairs or
replacement the annual fee should be around $150 . This would
allow some reconstruction or major work to occur within a 5 to
7 year period.
In any event, funds collected and not expended for maintenance
within the year collected, would be placed in a restricted account
and accumulated toward the cost of any future major work on the
streets within the district.
Recommendation:
After a considerable review of the alternatives as well as the
legal constraints, it is my recommendation that Council accept the
petition as evidence of interest of the property owners fronting •
certain streets in 3-F Meadows in having the City take initial
steps to form the maintenance district, fix the assessment, and
determine the limits of the maintenance benefit.
Street Maintenance: 3-F
page four
• This procedure allows opportunity to property owners to
express their views prior to any final action.
LAWRENCE McPHERSON
LM:vh
7-7-82
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RESOLUTION NO. 31-82
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
APPROVING AMENDMENT TO THE GENERAL PLAN LAND USE MAP
ALONG THE SOUTH SIDE OF MORRO ROAD BETWEEN
PISMO AVENUE AND SANTA ROSA ROAD INCLUDING APPROVAL
OF GENERAL PLAN AMENDMENT GP 820331:1 (KLOWGARD)
WHEREAS, the Atascadero City Council_ conducted a public hearing on
the subject matter; and
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and
WHEREAS, the proposed land use change would create logical transi-
tion from Highway 41 to the residential areas; and
WHEREAS, the proposal is compatible with surroundingland use and;
zoning; and
WHEREAS, the proposal is consistent with the policies of the 1980
Atascadero General Plan; and
WHEREAS, amendment to the Land Use Element Map of the 1980 Atas-
cadero General Plan as proposed will not result in any significant ad-
verse environmental impact.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council
does hereby approve General Plan Amendment GP 820331:1 (Klowgard) mak-
ing changes to the 1980 Atascadero General Plan Land Use Map as shown
on the attached Exhibit Map entitled "Recommended General Plan Land
Use Map .Changes to the South Side of Morro Road Between Pismo Avenue
and Santa Rosa Road. "
On motion by Councilman and seconded by Councilman
, the foregoing resolution is adopted in its entirety on
the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
•
•
Resolution No. 31-8 - GP 820331:1 (Klowgard)
ROLFE NELSON, Mayor
ATTEST:
BARBARA NORRIS, City Clerk
APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT
MU/MY Z WARDEN, City rk
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"RECOMMENDED GENERAL PLAN LAND USE
MAP CHANGES TO THE SOUTH SIDE OF
MORRO ROAD BETWEEN PISMO AVENUE AND
r� SANTA ROSA ROAD"
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RESOLUTION NO. 32-82
RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING AMENDMENT
TO THE GENERAL PLAN LAND USE 'MAP WITHIN THE MONTECITO -
EL CAMINO REAL STUDY AREA, INCLUDING APPROVAL OF GENERAL PLAN
AMENDMENT GP 820204:1 (MAXWELL, EDDY, HIXSON)
WHEREAS, the Atascadero City Council conducted a public hearing on
the subject matter; and
WHEREAS, Government Code Section; 65323 provides that . a general
plan be amended by the adoption of a resolution; and
WHEREAS, amendment to the General Plan as proposed will not re-
sult in any significant adverse environmental impact as long as ap-
propriate mitigation measures are introduced; and
WHEREAS, expansion of the commercial cluster in the Santa Rosa
intersection area with El Camino Real is appropriate in light of ex-
isting uses and the small amount of additional commercial land being
created; and
WHEREAS, modification of the Land Use Map as recommended is con-
sistent with policies set forth in the 1980 Atascadero General Plan.
NOW, THEREFORE, ,BE IT RESOLVED that the Atascadero City Council
does hereby approve General Plan Amendment GP 820204:1 (Maxwell, Eddy,
Hixson)- making changes to the 1980 Atascadero General- Plan Land Use
Map as shown on the attached Exhibit Map entitled "Recommended General
Plan Land Use Map Changes to the Montecito-E1 Camino Real Study Area."
On motion by Councilman and seconded by Councilman
the foregoing resolution is adopted in its entirety on the
following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ROLFE NELSON, Mayor
•
Resolution No. 32-810- GP 820204:1 (Maxwell, Eddy, Hixson)
ATTEST:
BARBARA NORRIS, City Clerk
APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
MU Y WARDEN, City Manager
•
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RESOLUTION NO. 33-82
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RESOLUTION OF THE ATASCADERO CITY COUNCIL APRPOVING
GENERAL PLAN AMENDMENT GP820419:1 ` (PLANNING COMMISSION)
AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE GENERAL PLAN
ELIMINATING SPECIFIC STANDARDS FOR THE KEEPING OF ANIMALS
WHEREAS, the Atascadero City Council conducted a public hearing on
the subject matter; and
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of -a resolution; and
WHEREAS, the project will not have a significant adverse effect
upon the environment and the preparation of an Environmental Impact
Report is not necessary; and
WHEREAS, the General Plan is intended as a general guiding policy
statement for the City. Technical development standards' should be ad-
dressed in the zoning ordinance which is the manual that sharply de-
fines the physical requirements necessary to comply with General Plan
policies.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council
i does hereby approve General Plan Amendment GP 820419:1 (Planning Com-
mission) amending the text of the General Plan Land Use Element to
read as follows:
1. Change the text of the Land Use Element on page 59 of the
General Plan under the heading "High Density eliminating
" . . .The keeping of poultry and other animals is not a per-
mitted use on lots of one-half acre or Tess."
2. Change the text of the Land Use Element on page 59 of the
General Plan under the heading "Moderate Density"
eliminating:
"The keeping of poultry and other animals, excepting swine,
may be a permitted use. The keeping of hoofed animals shall
require a minimum lot size of one acre for the first animal-
and an additional one-half acre for each additional animal. "
3. Change the text of the Land Use Element on Page 59 of the
General Plan under the heading "Low Density" eliminating:
" . . .The keeping of poultry and other animals`, excepting
swine, may be a permitted use subject to the same acreage
provisions as listed above.
•
Resolution No. 33-810- GP 820419:1 (Planning Ctission)
4. Change the text of the Land Use Element on Page 59 of the
General Plan under the heading "Suburban Single Family
Residential" eliminating: 10
" . . .the keeping of poultry and other animals, excepting
swine. . ."
5. Change the text of the Land Use Element on Page 62 of the
General Plan under the heading "Residential Policy Proposals
eliminating
"8. In cases where animals are desired, a minimum of one-
half acre is required for keeping poultry and small ani-
mals, of one acre for a single large hoofed animal, with
an additional one-half acre for each additional animal."
6. Change the text of the Land Use Element on page 62 of the
General Plan under the heading "Residential Policy Proposals"
adding:
"8. In keeping with a basic goal to retain the rural atmos-
phere of Atascadero, appropriate densities, minimum lot
sizes, setbacks and other development standards- for
domestic animal raising shall be established in the Zon-
ing Ordinance. "
On motion by Councilman and seconded by Councilmae
, the foregoing resolution is adopted in its entirety on
the following voter
AYES:
NOES:
ABSENT. .
ADOPTED:
ROLFE NELSON, Mayor
ATTEST:
BARBARA NORRIS, City Clerk
' 2
Resolution No. 33-82* GP 820419:1 (Planning Cossion)
APPROVED AS TO FORM:
•
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
01
BRAY . WARDEN, City Manager
•
•
3
RESOLUTION NO. 34-82
RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING
GENERAL PLAN AMENDMENT GP820330:1 CONCERNING A CHANGE
IN LAND USE DESIGNATION FROM SUBURBAN SINGLE FAMILY RESIDENTIAL
TO HIGH DENSITY MULTIPLE FAMILYRESIDENTIAL
WHEREAS, the Atascadero City Council conducted a public hearing on
the subject matter; and
WHEREAS, Government Code Section 65323 provides that a general
plan be amended by the adoption of a resolution; and
WHEREAS, approval of the General Plan Amendment should not result
any significant adverse environmental impact as long as appropriate
mitigation measures are introduced; and
WHEREAS, the proposed General Plan amendment would encourage dev-
elopment which is not consistent with policies set forth in the 1980
Atascadero General Plan since it would not be compatible with sur-
rounding land uses and _densities; and
WHEREAS, the intensity of use which would occur from- the proposed
project is out of character with existing and proposed uses in the
surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council
does hereby deny General Plan Amendment GP 820330:1 (Dunn) .'
• On motion by Councilman and seconded by Councilman
, the foregoing resolution is adopted in its entirety on
the following vote:
AYES:
NOES-
ABSENT
ADOPTED:
ROLFE NELSON, Mayor
ATTEST;
I
BARBARA NOR
RIS, City Clerk
•
Resolution No. 34-82 - GP820330:1 (Duna)
APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
MU AY Y. WARDEN, City Manager
2
M E M O R A N D U M
- - - - - - - - - - -
TO: City Council
FROM: City Manager
SUBJECT: Ordinance No. 56, Health and Sanitation
Please bring your copies of the ordinance to the meeting
with You-in case you have any questions.
XJ
M Y L. ARDEN
MLW:ad
7-8-82
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S3
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June 30, 1982 i r_
TO: '4r. Art McDole, Chairman
911 Advisory Committee
All California Cities
Forwarded herewith is City of Seal Beach Resolution Number 3180
"Requesting the State to Fund Certain Portions of the Costs of
the 911 Emergency Telephone System" which was unanimously approved
by the City Council at their regular meeting of June 28, 1982.
• The City Council authorized that this resolution be forwarded to
the 911 Advisory Committee as well as each California city and
request your consideration of similar legislative action.
Very, truly yours,
anne M. Yeo, C'ty Clertc
-fty of Seal Beach
JMY/js
Encl . (1 )
RESOLUTION NUMBER X10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, A CHARTER CITY, REQUESTING,
THE STATE TO FUND CERTAIN PORTIONS OF THE COSTS OF
THE 911 EMERGENCY TELEPHONE SYSTEM.
WHEREAS, Assembly Bill 515, adopted in 1972, established a one-number
emergency telephone system throughout the State of California,
designated as 911, and required that the system be fully
operational by December 31, 1982; and
WHEREAS, Senate Bill 1180, signed into law September 28, 1979, mandated `
a users tax of one-half of one percent be collected on the
telephone billing to each residential or centrex subscriber,
which would provide sufficient funding for the installation and
servicing of the system; and
WHEREAS, the City of Seal Beach has now complied with the State's mandate
and provided the necessary telephone equipment, for what is
deemed an adequate emergency telephone service for the citizens
of Seal Beach; and
WHEREAS, the State of California is paying for the :Installation of all the
emergency telephone equipment except that equiP,nent classified
as incremental cost equipment; and
WHEREAS, the City of Seal Beach has, after due consideration for the life
saving capabilities and investigative abilities, vis-a-vis the
needs of its citizens, installed an automatic locations indicator
which is classified as incremental cost equipment; and
WHEREAS, sufficient funds have been and are now being collected to cover •
the costs of the automatic location indicator, if the funds were
not loaned to other State accounts, and if the interest accruing
to the funds was continued in credit to the Emergency Telephone
Users Tax account; and
WHEREAS, the State of California has borrowed 20 million dollars from the
users tax account as well as diverting all interest accrued
since 1979 from the monies in the account and placing all of the
same in the State General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City of Seal Beach does hereby petition
that the funds borrowed from the Emergency Telephone Users Tax account and
all interest accruing to that account be placed back into that account: and
BE IT FURTHER RESOLVED that the City Council of the City of°Seal Beach requests
that the incremental costs incurred by the City of Seal Beach, for the instal-
lation and monthly servicing of the automatic locating equipment, be refunded
to the 'City of Seal Beach by the State of California from the Emergency
Telephone Users Tax account.
PASSED, APPROVED, and ADOPTED by the City Council of toeyof Seal Beach,
California, at a meeting th eof on the Sf� day !- 1982,
by the following vote:
AYES: Councilmembers% 20` c �ic. f�S
- f
NOES: Councilmembers
ABSENT: Councilmembers
Mayon
ATTEST:
A '' ity Clerk