HomeMy WebLinkAboutAgenda Packet 11/28/1983 AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
November 28, 1983 7:30 p.m.
Atascadero Administration Building
Call to Orden
Pledge of Allegiance
Invocation
Roll Call
PRESENTATION OF PROCLAMATION ON NATIONAL HOME CARE .WEER
Public Comment
City Council Comments
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 regular meeting of November 14, 1983 (RECOM-
MEND APPROVAL)
L2. Tentative Parcel Map "11-83 ; 6700, 6750, and 6760 El Camino
Real; Herbert -LaPrade (Daniel J. Stewart) to allow division
of a 0.95 acre parcel into three parcels (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
3. Tentative Parcel Map 15-83, 11085 San Marcos Road, Donald
Auten (Twin Cities Engineering) to divide a 10.67 acre lot
into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION
RECOMMENDATION)
Acceptance of Parcel Map AT 830523:1, 11705 Santa Lucis` Road,
Lawrence McPherson (Twin Cities Engineering) (RECOMMEND AP-
PROVAL OF PLANNING COMMISSION RECOMMENDATION)
5. Acceptance of Tract Map AT 820513;1, 7326 Santa Ysabel, Gay-
len Little/Dom Rauch (RECOMMEND APPROVAL OF PLANNING COMMIS-
SION RECOMMENDATION)
B. HEARINGS, APPEARANCES AND 'REPORTS '
1. Finance Department Quarterly Report
2 Chamber of Commerce requests concerning downtown parking
11"
AGENDA - ATASCADERO CITY COUNCIL - NOVEMBER 28, 1983
3. Report regarding fire safety hazards in Administration'Build-
ing
C. UNFINISHED BUSINESS
Ordinance No. 71 authorizing an amendment to the contract
between the City and PERS - second reading
\VJ Ordinance No. 72 adopting the' Atascadero Municipal Code, a
codification of the permanent and general ordinances of the
City together with those secondary codes adoption by refer-
ence as authorized by the general laws of the State of Cali-
fornia second reading
D. NEW BUSINESS
Resolution No. 50-83 setting an appropriation limit for Fis-
cal period July 1, 1983 through June 30, 1984
Jv ^/
Resolution No. 51-83 establishing the formation of a mainten-
ance district - Maleza Avenue
E. ATASCADERO COUNTY SANITATION DISTRICT
None
F. INDIVIDUAL DETERMINATION AND/OR ACT I VN
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5 City Manager
2 ..
ADMINISTRATION BUILDING . CITY ATTORNEY
} POST OFFICE BOX 747 , POST OFFICE BOX 749
ATASCADERO, CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423
PHONE: (805) 466-8000 PHONE: (805) 466-5678
CITY COUNCIL
CITY CLERK
C - eadIC114 POLICE DEPARTMENT
CITY TREASURER
POST OFFICE BOX 747
CITYMANAGER INCORPORATED JULY 2, 1979 ATASCADERO,CALIFORNIA 93423
FINANCE DEPARTMENT - PHONE: (805) 466-8600
RSONNEL DEPARTMENT
LANNING DEPARTMENT
PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT
RECREATION DEPARTMENT 6005 LEWIS AVENUE
ATASCADERO,CALIFORNIA 93422
PHONE: (805) 466-2141
PROCLAMATION
NATIONAL HOME CARE WEEK
WHEREAS, the week of November 27 , - 1983, has been designated
NATIONAL HOME CARE WEEK; and
WHEREAS, the deliverance of the best quality health care to
all citizens is the function of the home health agencies in the
State of California; and
WHEREAS, these agencies are able to provide a wide range of
health services to citizens in their homes; and
WHEREAS, the City of Atascadero joins the United States
Congress in paying tribute to the dedicated people who serve the
ill, recuperating and aged citizens of our community.
NOW, THEREFORE, I, MARJORIE MACKEY, Mayor of the City of
Atascadero, by virtue of the power and authority vested in me by
the laws of the city and state, do hereby proclaim November 27th
through December 3rd as NATIONAL HOME CARE WEEK and urge the
citizens of Atascadero to take cognizance of this event and to
participate fittingly in its observance.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Atascadero this 28th day of
November, 1983.
n�
MAR OR , MACKEY, Mayor
r City of Atascadero, Calif nia
4
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M
'Nv AG�IaA
MINUTESATASCADERO CITY COUNCIL
Regular Meeting
November 14 , 1983
Atascadero Administration Building
The meeting was called to order at 7 :30 p.m. with the Pledge of
Allegiance. Mayor Mackey gave the 'invocation.
ROLL CALL
Present: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey
Absent: None
STAFF
Present: Murray Warden, City Manager; Ralph Dowell, Finance Director;
Allen Grimes, City Attorney Patsy Hester, Deputy City Clerk;
Skip Joannes, -Recreation Director; Captain Mike McCain, Fire
Department; Bud McHale, -Police Chief; Larry McPherson,
Public Works Director; Joel Moses, Planning' Department;
Barbara Norris, "City Clerk; and. Steve Rizzuto, City' Treasurer.
PUBLIC COMMENTS
• 1. Eric Michaelson, representing the Atascadero Jay Cees,
requested Dial-A-Ride transportation at no charge for senior ,
citizens for the -annual Thanksgiving dinner at the Jr. High School
on November 20.
Councilman Molina asked that requests of this; type be made during
each year's budget considerations so as to avoid having to make
hurried last minute decisions. He noted, however, his willingness
to favorably consider the present request.
MOTION Councilman Nelson moved to provide two hours of Dual-A-Ride
service on Sunday, November 20, 1983, and authorized transfer
of $50 from reserve. The motion was seconded by Councilman
Wilkins and carried on the following roll call vote:
AYES: Councilmen Molina, Nelson, Wilkins and Mayor Mackey
NOES: Councilman Stover
2. Gary Larson was concerned with the parking requirements at
La Familia Plaza. _Mr. Larson requested suspension of the
current parking space requirements as determined by the zoning
ordinance in the Central Business District for existing structures'
pending completion of the current parking study. He also requested
MINUTES ATASCADERO: CITY COUNCIL NOVEMBER 14, 1983
immediate implementation of the _parking overlay district, as well
as advocating inclusion of a special exceptions clause in the
zoning ordinance
Mr. Warden noted that the La Familia Plaza was not originally
approved for a: restaurant and consequently parking requirements
satisfied the designed use. He suggested that the matter be referred
to the Planning Commission for their consideration and recommenda-
tion.
MOTION Councilman Nelson moved to refer the matter to the Planning
Commission and for the Commission to respond at the next
Council, meeting to the requests made by the Chamber of
Commerce. The motion was seconded by Councilman Wilkins
and unanimously carried.
3. Herb LaPrade requested that Item A-12 of the Consent Calendar
becontinuedto the next meeting.
4. Les Brown requested consideration of a General Plan amendment.
Mr. Warden suggested that he apply for a General Plan amendment
through the Planning Department. He stated that the next cycle for
individual property owners will be in January.
COUNCIL COMMENTS
1. Mayor Mackey stated that she will have office hours every
Thursday from 4:00 to 6:00 p.m. on the 2nd floor of the
Administration Building.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of October 24, 1983 (RECOMMEND
APPROVAL')
2. Treasurer 's Report, October 1, 1983 to October 31, 1983
(RECOMMEND APPROVAL)
3. Finance Director' s Report, October 1, 1983 to October 31,
1983 (RECOMMEND APPROVAL)
4. Claim of Laura Mazzi for damages in the amount of $35.00
(RECOMMEND DENIAL)
5. Resolution No. 46-83 authorizing the City to participate in
existing governmental cooperation purchases (RECOMMEND
ADOPTION)
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MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
6. Resolution No. 47-83 designating authority to make determina-
tions on employee disability (RECOMMEND ADOPTION)
7. Resolution No. 48-83 accepting portions of San Diego and San
Dimas Roads into the City street system (RECOMMEND ADOPTION)
8. Bid No. 83-10 - Storm drain inlets (RECOMMEND BID BE RE-
JECTED)
9. Bid No. 83-9 - Vehicles (RECOMMEND BID BE AWARDED AS RECOM-
MENDED BY THE PUBLIC WORKS DIRECTOR)
10. Tentative Tract Map 13-83, 11050 San Marcos Road, Paul
.Martin (Twin Cities Engineering) to resubdivide approximately
21 acres into three parcels (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
11. Tentative Tract Map 14-83, 9500 Laurel Road, G. J. Williams
(Twin Cities Engineering) to allow the resubdivision of a
previously created parcel having 38 acres into three parcels
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
12. Tentative Parcel Map 11-83; 67.00, 6750 and 6760 El Camino
Real; Herbert LaPrade (Daniel J. Stewart) to allow division
of an 0. 95 acre parcel into three parcels (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
13. Tentative Parcel Map 12-83, 8045 Cristobal, G. W. Johnson
(Daniel J. Stewart) to allow the division of a developed 2.04
acre lot into two parcels (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENATION)
14. Certificate of Compliance 4-83, 6375 and 6385 Santa Ynez,
L. C. and June Gibaut, legalization of a lot split that
occurred in. 1960 through the Certificate of Compliance pro-
cess (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA-
TION)
15. Acceptance of Parcel Map AT 810908 :1 and street name, Palo
Verde Road, Rudy Ruda (Hilliard Surveys) (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
Mayor Mackey requested that Item A-12 be pulled. Councilman
Nelson requested Item A-6 be pulled.
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MINUTES - ATASCADERO CITY COUNCIL —NOVEMBER 14, 1983
MOTION: Councilman Nelson moved to approve Items A-1 through A-15
of the Consent Calendar, deleting Items A-6 and A-12. The
motion was seconded by Councilman Molina and unanimously
carried.
A-6 Resolution No. 47=83 designating authority to make determina-
tions on employee disability (RECOMMEND ADOPTION)
Councilman Nelson questioned the need for this resolution and
for designating an authority.
Mr. Warden stated that PERS requires this certification but
that Council could determine who should be designated.
MOTION: Councilman Nelson moved to adopt Resolution No: 47-83. The
motion was seconded by Councilman Wilkins and unanimously
carried.
A-12 Tentative Parcel Map 11-83; 6700, 6750 and 6760 E1 Camino Real,
Herbert LaPrade (Daniel J. Stewart) to allow division of an
0. 95 acre parcel into three parcels (RECOMMEND APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
MOTION: Councilman Molina moved to table the matter until the next
meeting. The motion was seconded by Councilman Wilkins and
unanimously carried.
B. HEARINGS, APPEARANCES AND REPORTS
1. Public hearing on Zoning Ordinance Text Amendment 1-83,
initiated by Planning Commission, to consider allowing second
residential units continued
Mr. Warden stated that this is a continuance of a hearing con-
cerning secondary housing and alternatives. He felt that alternative
number 7 provided the best approach.
Jim Carpenter stated that he had received permission from the
county before incorporation to build a second unit, which was never
finished. He asked if he would be able to complete the building.
Glen Lewis, speaking on behalf of seniors in the city, was in
favor of permitting second permanent dwellings.
Eric Michaelson and Whitey Thorpe was in favor of second units.
Carla Sanders and Jerome Schultzy spoke against second units.
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MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
MOTION: Councilman. Molina moved that second units not be allowed
and that findings required by Government Code Section
65852. 2 be adopted and directed staff to prepare an- ordinance
implementing these findings. The motion was seconded by
Councilman Wilkins and unanimously carried.
2. Continued public hearing on Ordinance No. 70, Building
Regulations - second reading
MOTION: Councilman Wilkins moved to read Ordinance No. 70 by title
only. The motion was seconded by Councilman Nelson and
unanimously carried.
Mayor Mackey referred to the title as read in the meeting of
October 10, 1983.
MOTION: Councilman Wilkins. moved to adopt Ordinance No. 70. The
motion was seconded by- Councilman Molina and unanimously
carried by roll call vote.
C. UNFINISHED BUSINESS
1. Resolution No. 40-83 establishing fees for permits, plan
reviews and other activities undertaken pursuant to build-
ing and construction regulations
MOTION: Councilman Wilkins moved to adopt Resolution No. 40-83. The
motion was seconded by Councilman Stover and carried on the
following roll call vote:
AYES: Councilmen Stover, Wilkins and Mayor Mackey
NOES: Councilmen Molina and Nelson
Allen Grimes noted that this resolution will not be in effect
until Ordinance No. 70 becomes effective.
2. Resolution No. 49-83 of intention regarding Maleza Avenue
maintenance district
MOTION: Councilman Molina moved to adopt Resolution No. 49-83 . The
motion was seconded by Councilman Wilkins and unanimously
carried by roll call vote.
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MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
3. Recommendation of Fred Schott/Director of Public Works for
fourth floor repairs
Mr. McPherson recommended allocating funds as soon as possible
to make the recommended seismic safety repairs on the fourth floor.
MOTION: Councilman Wilkins moved to allocate $36, 000 for suggested
repairs of the Administration Building and. authorized
receiving bids for the work to be done.. The motion was
seconded by Councilman Stover and unanimously carried by
roll call vote.
D. NEW BUSINESS
1. Ordinance No. 71 authorizing an amendment to the contract
between the City and PERS - first reading
MOTION: Councilman Nelson moved to read Ordinance No. 71 by title
only. The motion was seconded by Councilman Wilkins and
unanimously carried.
Mayor Mackey read Ordinance No. 71 by title only.
MOTION: Councilman Nelson moved that this constitute the first
reading. The motion was seconded by Councilman Wilkins and
unanimously carried.
2. Ordinance No. 72 adopting the Atascadero Municipal Code, a
codification of the permanent and general ordinances of the
City together with those secondary codes adopted by refer-
ence as authorized by the general laws of the State of
California —first reading
MOTION: Councilman Wilkins moved that Ordinance No. 72 be read by
title only. The motion was seconded by Councilman Molina
and unanimously carried.
Mayor Mackey read Ordinance No. 72 by title only.
MOTION: Councilman Wilkins moved that this constitute the first
reading. The motion was seconded by Councilman Molina and
unanimously carried.
3. Report on drainage, street lighting and traffic safety
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MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
-
Mr. Warden suggested that the traffic safety matters be deferred
r. gg _ .. Y
until receipt of the State 's decision as to the traffic enforcement
grant.
Mr. McPherson recommended authorization to evaluate the estab-
lishment of a city-wide lighting district at major intersections,
upgrading and improving drainage facilities, and employment of a
traffic enforcement officer.
Doug Lewis asked if there is a problem with the off-ramp at
Santa Rosa. Mr. McPherson did not recall this being a problem area.
MOTION: Councilman Nelson moved to authorize staff to evaluate the
establishment of a city-wide lighting district and to consult
with a specialist. The motion was seconded by Councilman
Wilkins and unanimously carried.
4. General Plan Amendments/Cycle 1 (1984)
Mr. Warden presented information indicating the status of amend-
ment requests for the present cycle.
5. Recommendation for upgrading the Pavilion
• Mr. McPherson noted that the present occupancy of 50 or less
people for recreational use should be maintained and would not require
further corrective work. He recommended that funds be allocated for
structural repairs to the Rotunda Room as soon as possible to accom-
modate public activity.
MOTION: CouncilmanWilkinsmoved to leave it as status quo for 50
or less occupants until the next report is received from the
Pavilion committee. The motion was seconded by Councilman
Stover and unanimously carried.
Councilman Nelson requested his vote be changed to show no on
the above motion.
E. ATASCADERO COUNTY SANITATION DISTRICT
MOTION: Councilman Wilkins moved that the Council recess and convene
as the Atascadero County Sanitation District Board of
Directors. The motion was seconded by Councilman Stover and
unanimously carried.
1. Consideration of sewer service extension policy
Mr. Warden stated that his is an issue of sewer service extensions
• outside of the existing improvement district.
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MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
Mr. McPherson recommended revising the consolidated Sanitation
District Ordinances to simplify computation and to make annexation
fees more equitable.
Gary Larson asked if it would be the developer 's responsibility
to pay for having the sewer extended to them. Mr. McPherson replied
that they would have to pay.
Mr. Vanderpool stated that he has property outside the current
assessment district and would like to be accepted within the district.
MOTION: Director Molina moved that an ordinance be drafted reflecting
sewer proposals and to bring it back for first reading at the
next meeting. The motion was seconded by Director Nelson
and unanimously carried.
MOTION: Director Wilkins moved that the Board of Directors adjourn
and reconvene as the City Council. The motion was seconded
by Director Molina and unanimously carried.
F. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
a. Councilman Nelson asked what the plans were for the •
Phase 2 remodeling. Mr. Warden stated that it iscontingentupon
fire safety. He noted that the requests for proposals for develop-
ing a facilities Master Plan had just gone out and that the question
of separate facilities would depend, in part, upon completion of
that Plan.
2. City Attorney
None
3. City Clerk
None
4. City Treasurer
None
5. City Manager
a. Mr. Warden requested a closed session to consider
personnel matters and potential litigation and did not anticipate
any announcements afterwards .
-8-
• 0
MINUTES - ATASCADERO CITY COUNCIL - NOVEMBER 14, 1983
Council adjourned to closed session at 10 :27 p.m. and returned
to regular ,session at 11:05 p.m. , at which time they adjourned.
Recorded by:
BARBARA NORRIS, City Clerk-
By:
Y:
PATSY A. HESTER
Deputy City Clerk
•
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M AGENDA
!?ATz/ -el-S
M E M O R A N D U
TO: CITY MANAGER November 22, 1983
FROM: PLANNING DIRECTOR
SUBJECT: TENTATIVE T -
A IVE PARCEL MAP
31 8
3
LOCATION: 6700, 6750 and 6760 El Camino Real (Lot 6 , Block EB)
APPLICANT: Herbert LaPrade (Daniel J. Stewart)
REQUEST: To allow division of a 0.95 acre parcel into three parcels
of 0.30, 0.31 and 0.34 acres each.
On November 7, 1983, the Planning Commission conducted a public hear-
ing unanimously (with Commissioners Sherer and Wentzel -absent and Com-
missioner LaPrade abstaining) approving the land division request sub-
ject to Conditions 1-3 as listed in the attached Staff Report.
• There was brief discussion among the Commissionwith regard ado the,
`enforcement of applicable Uniform B�� qde regulations for fire-
ri "-s tive construction -o£- the buildingsI walls because of the new
erty lines a e crea-Eed.
I
Herb LaPrade, applicant, appeared and spoke in support of approving
his request and felt that he would be able to resolve Condition #1
with the Planning Department.
No one else appeared on the matter .
This matter has been continued from the Consent Calendar of November
14 per the applicant's request.
/&444 krtN
LAWRENCE STEVENS MUR Y L , WARDEN
Planning Director- Cit Man ger
Ps
p p a \ CITY OF ATASCADERO
Isis F ® '.
1979
a
Planning Department November 7, 1983
STAFF REPORT
SUBJECT: TENTATIVE PARCEL MAP 11-83
LOCATION: 6700, 6750 and 6760 El Camino Real (Lot 6, Block EB)
APPLICANT: Herbert LaPrade (Daniel J. Stewart)
REQUEST: To allow division of a 0.95 acre parcel into three parcels
of 0.30, 0.31 and 0.34 acres each.
BACKGROUND
1. Existing Zoning: CR
2. General Plan: Retail Commercial
3. Environmental Determinations The Planning Director has determined
the project to be categorically exempt from the provisions of the
P 7 g Y P
California Environmental Quality Act (Class 15) .
4. Site Conditions: The 0,95 acre site is currently developed with
service station, a tire and brake service shop, and a real estate
office. The property has frontage on both El Camino Real and
Atascadero Avenue. The topography on the parcel is flat (paved
parking) .
5. Project Description: The applicant requests permission to divide
his 0.95 acre lot into three parcels of 0.30,_ 0.`31 and 0.34 acres.
There are three existing buildings on the site: a tire shop, a
service station, and a real estate office. Each of these build-
ings will
uild-ings-will be on a separate lot. ` Existing access to each building
will be maintained, however, a 14 foot access easement through
Parcel 2 will be recorded to allow for additional access to the
tire shop from E1 Camino Real. Parcels l and 2 will have frontage
on E1 Camino. Real, while Parcel 3 will front on Atascadero
Avenue.
6. Determination of minimum lot size: There is no minimum lot size
in the CR Zone.
7. Subdivision Review Boards On October 6, 1983 the Subdivision Re-
view Board met with the applicant, Herb LaPrade. Members of the
Board in attendance were: Larry McPherson, Public Works Director;'
Fred Buss, Associate Planner; and Wayne LaPrade, Planning Commis
•
Tentative Parcel Map 0-83 (UaPrade) 0
sioner. The Board' s discussion focused on the need to reconcile
the new property line locations with Uniform Building Code re-
quirements for fire-resistive construction.
ANALYSIS
The only Staff concern has to do with the placement of the new proper-
ty lines between existing buildings thereby changing Uniform Building
Code standards for wall construction. The Uniform Building Code
(1976 Edition) requires fire-resistive walls or setbacks from property
lines for various occupancies. The applicant proposes placement of
the new property lines closer than is allowed based on existing con-
struction and occupancies. As a result, walls will need to be up-
graded to the appropriate fire-resistive construction or recorded
yards will need to be provided.
FINDINGS
1. The creation of three lots of 0.30 , 0.31 and 0. 34 acres conforms
to all applicable zoning and subdivision regulations and is con-
sistent with the General Plan.
2. The creation of three lots in conformance with the recommended
conditions of approval will not have a significant adverse effect
upon the environment, and the preparation of an Environmental Im-
pact Report is not necessary.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends ap-
proval of Tentative Parcel Map 11-83 subject to the following
oonditionss
1. Provision shall be made to bring existing structures or their
yards into conformance with applicable provisions of Section 504
of the Uniform Building Code based on new property lines proposed
by this parcel 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.
2
Tentative Parcel M*1-83 (LaPrade)
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 aminal approval.
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED BY:
GREG Mr
Planning Intern
REPORT APPROVED BY- G(�C
LAWRENCE STEVENS
Planning Director
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7 i AGENDA
" r ��0�8 -� 17EM
M E M 0 R A N D U M
TO: CITY MANAGER November 22., 1983
FROM: PLANNING DIRECTOR
SUBJECT: TENTATIVE PARCEL MAP 15-83
LOCATION: 11085 San Marcos Road (Lot 4, Block 60)
APPLICANT: Donald Auten (Twin Cities Engineering)
REQUEST: To divide 'a 10.67 acre lot into two parcels of 5.34 and
5.33 acres each.
On November e ber 2
1 198
3 the Planning Commission conductedcted
a public hear-
ing
r
-
ing unanimously (with Commissioner Wentzel absent) approving issuance
of a Conditional Negative Declaration and approval of a two-way land
division subject to Conditions 1-13 as 'listed in the attached Staff
Report.
• There was only brief discussion among the Commission conderning the
matter.
John Kennaly, representing the applicant, appeared and concurred with
the recommendation.
No one else appeared on the matter.
LAWRENCE STEVENS M R Y L.` WARDEN
Planning Director City Manatjer
ps
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n
iais o :1970, CITY OF ATASCADERO
Planning Department November 21, 1983
STAFF. REPORT
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SUBJECT: TENTATIVE PARCEL MAP 15-83
LOCATION: 11085 San Marcos Road (Lot 4, Block 60)
APPLICANT: Donald Auten (Twin Cities Engineering)
REQUEST: To divide a 10.67 acre lot into two parcels of_ 5.34 and
5.33 acres each.
BACKGROUND
1. Existing Zoning: RS
2. General Plan: Suburban Single Family Residential
3. Environmental Determination: An Initial Study Environmental De-
scription form has been completed by the applicant. The Planning
Director has prepared a draft- Conditional Negative Declaration
indicating the project will not have a significant adverse effect
upon the environment if certain mitigation measures are incorpor-
ated into the project.
4. Site Conditions: The 10 .67 acre lot is 'located on the south side
of San, Marcos Road near , the intersection with Los Altos Road.
Topography of the site is steeply sloping with' a relatively -flat
knoll in the middle of the site. Average slope of the lot is be-
tween 36-40%. The site has recently had a fire and the natural
grasses are beginning to reappear. There are several large mature
mature oak trees on the lot.
5 Project Description:on The applicant
proposingposing to divide a
1067
acre: lot into. two parcels of 5.34 and 5.33 acres each Parcel g' s
entire frontage is on San Marcos while Parcel. A has no frontage on
any road. Access for both parcels will be off of San Marcos Road
from a single driveway.
6. Determination of Minimum Lot Size: An evaluation of the per-
formance standards for determination of minimum lot sizes (Section
9-3.144); establishes a lot size for this parcel as follows:
Tentative Parcel Map 15-83 (Auten)
Lot Size Factor
SAverage slope (36-40%) 2. 00
Distance from center (16 - 18,000) .60
Access (paved, G 15% slope) .40
Septic suitability (severe) 1. 50
General neighborhood character (4.11 ac) .82
Required minimum lot size: 5.32 acres
All proposed lots exceed the required minimum lot size, therefore,
two lots can be created.
STAFF ANALYSIS
Staff reviewed the project and found that it generally conforms to all
applicable subdivision regulations. The proposed driveway leading to
Parcel A in the back would have to be an easement or other type of
legal access.
FINDINGS
1. The creation of two lots exceeding the required minimum lot size
• of 5.32 acres on this parcel conforms to all applicable zoning and
subdivision regulations and is consistent with the General Plan.
2. The creation of two lots in conformance with the recommended con-
ditions of approval will not have a significant adverse effect
upon the environment, and the preparation of an Environmental Im-
pact Report is not necessary.
RECOMMENDATION
Based upon the above Findings, the Planning Department recommends:
A) Issuance of a Conditional Negative Declaration as follows:
1. Adequate provisions shall be made for drainage and erosion
control and protection in conjunction with site development.
2. Grading and tree removal shall be minimized during all phases
of site development; and,
B) Approval of Tentative Parcel Map 15-83 , as submitted, subject to
the following conditions:
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2
- Tentative Parcel Map 15-83 (Auten)
1. Private sewage disposal systems will be an acceptable method
of sewage disposal if reports and designs are acceptable.
All tests, reports and designs shall conform to methods and.
guidelines prescribed by the Manual of Septic Tank Practice
and other applicable City ordinances. The following Note
shall appear on the Final Map:
"Appropriate soils reports including a percolation test, a
test to determine the presence of ground water, and a log of
a soil boring to a minimum depth of ten (10) feet shall be
submitted to the Planning Department prior to the issuance of
a building permit. Where soils reports indicate the conven-
tional soil absorption systems are not acceptable, City ap-
proval of plans for an alternative private sewage disposal
system, designed by a Registered Civil Engineer, shall be re-
quired. Depending upon the system, more restrictive require-
ments may be imposed. "
2. Water shall be obtained from the Atascadero Mutual Water Com-
pany and water lines shall exist at the frontage of all par-
cels prior to filing of the Final Map.
3. All other available utilities not already in place shall be
extended underground to each parcel frontage at the time of
building permit. Any utility easements are to be shown on
the Final Map.
4. Efforts shall be made to minimize grading that would be dis-
ruptive to the natural topography and removal of existing,
mature trees. The following shall appear as a Note on the
Final Map:
"No trees shall be removed without compliance with applicable
City ordinances. No grading shall commence without an appro-
priate permit and compliance with applicable City ordinances.
5. Drainage and erosion control plans, prepared by a Registered
Civil Engineer , shall be submitted for review and approval by
the Planning Department prior to issuance of building permits
in conjunction with installation of private driveways, ac-
cess easements or buildings. Notes to this effect shall
appear on the Final Map.
6 . Roof materials for all structures shall be Class C rating or
better and a Note to that effect shall appear on the Final
Map.
7. Private driveways shall be improved in compliance with dev-
elopment standards set forth in Section 9-4.123.
a. Provide for an easement or other legal access from San
Marcos Road to Parcel A prior to recordation of the
Final Map.
3
• •
Tentative Parcel Map 15-83 (Auten)
8. The existing fire hydrant nearest the property shall be up-
graded from a wharfhead to a steamer if required by the Fire
• Chief after a review of hydrant standards with the Planning
Director.
9. All pipelines 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 re-
strictions. A Note stating any such restrictions shall
appear on the Final Map.
10. Drainage swales shall be indicated on the Final Map and a
Note shall appear on the Final Map which states:
"Any modification of the ground during site development with-
in fifty (50) feet of the drainage swales shall be subject to
approval by the Planning and Public Works Departments. "
11. All conditions herein specified shall be complied with prior
to filing of the Final Map.
12. 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 the City Lot Division Ordi-
nance prior to recordation.
a. Monuments shall be set at all new property corners cre-
ated and a Registered Civil Engineer or licensed land
surveyor shall submit a letter certifying that the mon-
uments have been set prior to recordation of the Final
Map.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the Final Map.
13. 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 expira-
tion date.
•
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Tentative Parcel Map 15-83 (Auten)
ACTION
The Planning Commission should, by motion, direct Staff as deemed
appropriate.
REPORT PREPARED BY: !�
KAMI GRIFFIN
Planning Intern
REPORT APPROVED BY: lakwAitw
LAWRENCE STEVENS
Planning Director
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M E M 0 R A N D: U M
TO: CITY COUNCIL November 22, 1983
FROM: PLANNING DIRECTOR
SUBJECT: Acceptance of PARCEL MAP AT 830523 :1
LOCATION: 11705 Santa Lucia Road (Ptn. Lot 2, Block 57)
APPLICANT: Lawrence McPherson (Twin Cities Engineering)
On July 25, 1983, the City Council approved Parcel Map AT 830523:1
subect to certain conditions and in concurrence with the recommenda-
tion of the Planning Commission.
The zoning is RS and the General Plan Designation is Suburban Single
Family Residential. Staff review has determinedthatall conditions
of approval have been met. On November 21, 1983, the Planning Commis-
sion reviewed the matter on its Consent Calendar and recommends accep-
tance of the Final Map.
LAWRENCE STEVENS M RAY WARDEN
Planning Director City Ma ager
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? �? AGENDA
JTEM
M E M O R..A N D U M
TO: CITY COUNCIL November 22, 1983
FROM: PLANNING DIRECTOR,
SUBJECT: Acceptance of TRACT MAP AT 820513:1
LOCATION: 7326 Santa Ysabel (Lot 17) , Block JA)
APPLICANT: Gaylen Little/Don Rauch
On July 12, 1983, the City Council approved Tract Map AT 820513 :1 sub-
ect to certain conditions and in concurrence with the recommendation
of the Planning Commission.
The zoning is RMF/16 and the General Plan Designation is High Density
Multiple Family Residential. Staff review has determined that all
conditions of approval have been met. On November 21,_ 1983, the Plan-
ning Commission reviewed the matter on its 'Consent Calendar and rec-
ommends acceptance of the Final Map.
i
LAWRENCE STEVENS MtTROY L. PARDEN
Planning Director Cit Manager
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i� - ._AGENDA
C�, a l 121- 3
M E M O R A N D U M
TO: CITY COUNCIL % � November -23All"Tr,1983
�FROM• NG DIRECTOR—
,10
SUBJECT: Chamber of Commerce Requests Concerning Downtown Parking
At the meeting of November 14, 1983 , Garv` rarcan, representing the
ChamberofCommerce, requested the Council:
1) i/ To suspend parking requirements for existing buildings in
the downtown area pending completion of a downtown parking
study and implementation of a parking overlay district; and
2) VzTo include a "special exceptions" clause in the zoning
ordinance.
These requests were apparently made in response to concern aboutark-
ing r`equiremen s a p icable to a restaur (pizza and sub shop) t a
h r La Fam a Plaza at 5812 Traffic Way. In g`— en-~
eral, concerns raised'question of the exi ility of parking require-
mems specified in the zoning ordinance.
It is not a propria_te to suspenuirements in the downtown
kin req
area at the time. The Planning Department study-of this concern is
nearly complete and should-�e♦ presented-to the Planning o mission an
Decem er or an o e--Counc_ on December 27 or Janus. This
study contains a detailed analysis o - har �uation as well as
a number of alternative solutions. It seems, premature to take such a
rash action, which could worsen the parking situation, when much` valu-
able and useful information is almost upon us. Furthermore, recently
adopted zoning regulations do provide an opportunity for flexibility
in the interim.
This increased flexibility is exemplified by the following:
- Section 9-4.115 (i) allows the Planning Commission to modify
parking standards through a Conditional Use Permit when it can
be demonstrated that a particular use, because of its character-
istics or the characteristics of the area in which it is loca-
ted, warrants reduced parking;
- Provision has been made to allow for 'compact car spaces, (Sec-
tion 9-4.115 (a) ) , motorcycle spaces (Section 9-4. 115 (b) ) and
bicycle spaces (Section 9-4. 115 (4) ) -in parking lots with more
than 20 spaces. ` This provides greater design' flexibility.
Chamber of Commercefeques s Concerning Downtowoparkin
g.
Provision is also made for shared on-site parking (Section
9-4.115 (f)) , for shared peak hour parking (Section 9-4.115 (g) ) .
and for an on-street parking adjustment (Section 9-4.115 (h) ) .
Furthermore, Section 9-4.120 allows the Planning Director to
approve an adjustment for off-site parking.
It cannot be reasonably argued that the parking regulations in the
zoning ordinance are inflexibile. They may not allow staff to say
"yes" to every inquiry regarding parking, but they certainly create a
number of varied opportunities.
It could be stated that the options cited, above primarily benefit the
design and use of new parking lots, but the procedures relative to
establishing uses where nonconforming parking exists are not onerous.
In fact, they allow reuse of buildings with no additional parkings
when the new use has similar requirements as the former use, and even
when the new use is more intense, they only require the difference be-
tween the parkng for the former use and that of the new use (plus any
existing spaces) . These approaches are clearly intended to allow
reasonable reuse of existing buildings without bringing them up to
current requirements while also minimizing the adverse effects on
adjacent properties that frequently occur when parking is inadequate.
If the Council opts to support the request to suspend parking require-
ments, then it must proceed through normal ordinance amendment steps
(i.e. hearings before the Commission and Council) unless the urgency
ordinance provisions are enacted. It is, however , highly questionable
that adequate and supportable findings for the urgency approach can be�
made.
The Chamber is also raising the "special exception" issue again. The
foregoing in my judgement demonstrates that it is not needed to pro-
vide flexibility in parking regulations because sufficient flexibility
is already there. I do not see that it would be beneficial to raise
all the pro-and-con discussion on the "special exception" issue again
since the decision to exclude it is less than six months old.
You should also be aware that, in the particular instance cited, the
Staff was extremely careful to point out parking problems for the
restaurant in La Famiglia Plaza since it was more intense than the
retail requirements upon which the center was designed. Discussions
were held with the prospective tenant and with the leasing agent. In
fact, at the time this item was raised by the Chamber, Staff was pro-
cessing an adjustment application for off-site parking for the restau-
rant. It seems apparent that the prospective tenant "jumped the gun"
by starting to move while the parking issue was still being consid-
ered. Unfortunately, none of the available options, except a Condi-
tional Use Permit which has not been applied for, could resolve this
particular situation. You may also recall that, when the LaFamiglia
building was approved, a variance to the front yard was granted there-
by allowing more building area and more parking and the loft - areas
were not included in the floor area calculations to determine parking
(the lofts were limited to storage and related accessory uses) .- So it
should also be evident that there was flexibility in the original ap
provals granted for the site development.
2
Chamber of Commerce Requests Concerning Downtown Parking
It is my_recommendation that no action be taken on the Chamber request
and that the downtown parking study be presented in the time frames
suggested in this memorandum.
LAWRENCE STEVENS
Planning Director
Ps
3
I 'M GARY LARSON, THE EXECUTIVE MANAGER . OF THE ATASCADERO CHAMBER
OF COMMERCE .
RECENTLY A BUSINESSMAN FROM THE
LOS ANGELES AREA BECAME INTERESTED
IN OPENING A BUSINESS IN ATASCADERO. HE BECAME AWARE OF THE LA
FAMILIA PLAZA AND INQUIRED WITH THE PLANNING DEPARTMENT STAFF ABOUT
STARTING A PIZZA & SUB SHOP THERE. HE APPARENTLY WAS TOLD THAT
PARKING WAS A PROBLEM, BUT THAT THOSE PROBLEMS COULD BE WORKED OUT
BECAUSE HE FILLED UP A LARGE TRUCK FULL OF EQUIPMENT AND JOURNEYED
TO ATASCADERO. UPON ARRIVING HE APPARENTLY WAS TOLD THAT THE
PARKING PROBLEMS COULD NOT BE WORKED OUT. OUR POTENTIAL NEW BUSINESS
WAS TOTALLY DISTRAUT AND FRUSTRATED - RETURNED TO LOS ANGELES - AND
THE LA FAMILIA PLAZA HAS LOST A TENANT.
WFIAT HAPPENED HERE?
IT WOULD NOT BE PRODUCTIVE TO ARGUE ABOUT WHO SAID WHAT TO WHOM.
PERHAPS OUR BUSINESSMAN DIDN'T TALK TO THE RIGHT PEOPLE. PERHAPS HE S
WAS NOT MADE AWARE OF HIS RIGHT TO APPEAL. PERHAPS HE LOADED UP HIS
TRUCK AND MOVED UP HERE TOO SOON.
'WHAT THEN IS THE PROBLEMZ
THE PROBLEM IS PARKING AND FLEXIBILITY. WAY BACK IN MARCH IN A STAFF
REPORT ON PARKING ALTERNATIVES FOR DOWNTOWN AREA, THE STAFF RECOMMENDED
THAT NEW DEVELOPMENT BE ALLOWED TO CONTINUE DOWNTOWN AND UTILIZE ALL
AVAILABLE AREAS FEASIBLE, INCLUDING PUBLIC LAND, TO INCREASE THE
SUPPLY OF PARKING . IN ADDITION, IT WAS RECOMMENDED THAT THE PLANNING
COMMISSION ALLOW FOR REDUCED PARKING REQUIREMENTS BY USE OF A SPECIAL
OVERLAY ZONE IN THE CENTRAL BUSINESS DISTRICT. THE PLANNING COMMISSION
DID ADOPT THAT APPROACH. THE STAFF WAS TO CONTINUE THE STUDY TO EVALUATE
page two
POSSIBLE IMPLEMENTATION TECHNIQUES . (BY THE WAY, THE BOARD OF
IRP
DIRECTORS OF THE CHAMBER ENDORSED4OVERLAY DISTRICT PARKING CONCEPT
BACK IN APRIL. )
IN THE MEANTIME, THE ZONING ORDINANCE WAS PASSED WITH THE SAME RIGID
PARKING SPACE REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT WHERE1
ACCORDING TO THE GENERAL PLAN, OFF-STREET PARKING IS GROSSLY
INADEQUATE.
IN REGARD TO FLEXIBILITY, THE SPECIAL EXCEPTION CLAUSE COULD BE
HELPFUL IN CASES LIKE THIS. THE PLANNING COMMISSION, ON THE BASIS
D� f_vc0F;a�c.;V—r ScabnlTri A r-ti:AXtNG- OX_ 4PJ -17+9 3A4StS
OF ITS OWN KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES OF THE CASE,
MAY GRANT A USE PERMIT FOR ANY PURPOSE OR USE WHEN IT FINDS :
1 . THE PROPOSED USE OF THE PROPERTY IS REASONABLE AND
APPROPRIATE FOR THE USE INTENDED; AND
2. THE PROPOSED USE OF THE THE: PROPERTY WILL NOT UNDULY
INCONVENIENCE THE USES EXISTENT IN THE IMMEDIATE NEIGHBORHOOD.
(BY THE WAY; THE CHAMBER BOARD OF DIRECTORS SUPPORTS THE
CONCEPT OF A SPECIAL EXCEPTION PROVISION IN THE ZONING
ORDINANCE. )
IN SUMMARY, THE CHAMBER REQUESTS TWO THINGS :
1. THE IMMEDIATE SUSPENSION OF PARKING SPACE REQUIREMENTS IN THE
CENTRAL BUSINESS DISTRICT-PENDING THE COMPLETION OF THE STUDY
AND IMPLEMENTATION OF A PARKING OVERLAY DISTRICT; AND
2 . THE INCLUSION OF THE SPECIAL EXCEPTIONS CLAUSE INTO THE
SII
ZONING ORDINANCE.
IF VIE ARE TO ATTRACT THE KINDS OF BUSINESSES THAT WILL REDUCE THE
TENDENCY OF OUR CITIZENS TO SHOP OUT OF TOWN WE MUST ADOPT A
POSTURE OF FLEXIBILITY TO REACT TO OPPORTUNITY. .
N v AGENDA
i.J 1 ' 3 ITEM
MEMO RAND U ,M
DATE: November 23 , 1983
- TO: Murray .Warden, .City Manager
FROM: Mike Hicks, ;Fire Chief
SUBJECT: Fire Safety Inspection - City;Administration
Building
During October, 1983 and November, 1983 the Atascadero'
City Fire Department conducted a fire safety inspection on
the City Administration Building.
The major fire 'safety problems are addressed below:
1 . There are several vertical shafts 'running from the
basement to the fourth floor. These shafts are not
firestopped, but are protected by automatic sprinklers.'
It is my recommendation that these shafts be fire
stopped at each floor level in addition to the auto-
matic sprinklers already installed. Note: Fire-
stopping has already been addressed in the Phase II
renovationP la
n.
2,. The occupancy load must be limited to that stated in
• the Uniform Fire, Code (some are currently too high) .
3. Some rooms with occupancy- greater than ten (10) should
have the locks changed to comply with the Uniform
Building Code which prohibits dead bolts.
4 . All door stops shall beremoved from cross-corridor
doors. These doors are required to be self-closing
and may not at any time be blocked open.
5. There are many electrical fixtures throughout the
building that are sub-standard and in need of immediate
attention. (This is also included in Phase II.)
6 . All flammable liquids and hazardous materials shall
be removed from the building, except where permitted
by code, and stored in approved containers. (This
is,` presently, being done. )
The above items _are the most urgent, however, the major
items are addressed in the Phase II renovation and will be
corrected at that time. I would like to point out that
since the City has taken over ownership of this building
- overall fire safety practices have greatly improved. There
is good cooperation when problems arise. Problems arise
from time to time , mostly due to the fact that the building
is being used, as compared to only partial use previously.
In addition, most fire safety problems from a housekeeping
standpoint are in rooms that are occupied by outside groups.
Some rooms, such as the Jaycees room, are in deplorable
condition and need immediate action taken, to correct this
problem.
MIKE HICKS
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N3 AGENDA
ITEtk
ORDINANCE NO. 71
. AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE ATASCADERO CITY COUNCIL AND
THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Atascadero City Council does ordain as follows:
Section 1. That anamendmentto the Contract between the
Atascadero City Council and the Board of Administration, - Califor-
nia Public Employees' Retirement System is hereby authorized, a
I copy of said amendment being attached hereto, marked "Exhibit 'A" ,
and by such reference made a part hereof as though herein set out
in full.
Section 2.. The Mayor of the Atascadero City Council is here-
by authorized, empowered, and directed to execute said amendment
for and on behalf of said Agency.
Section 3. This ordinance shall take effect 30 days after
the date of its adoption, and prior to the expiration of 15 days
from the passage thereof shall be published at least once in the
Atascadero News, a newspaper of general circulation, published
and circulated in the City o Atascadero and thenceforth and
thereafter the; same shall b n ull force and effect.
Adopted and approved th day of
AYES:
NOES: <
ABSENT:
MARJORIE R. MACKEY, Mayor
ATTEST
BARBARA NORRIS, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALLEN GRIMES, City Attorney M RAY/4._ WARDEN, City Manager
��Yttc ►i fl
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ATASCADERO
The Board of Administration, Public Employees' Re� ent System, herein-
after referred to as Board, and the governing body of_a ove public agency, here-
inafter referred to as Public Agency, having enteze.4tinto a contract effective,
April 19, 1980, -and witnessed March 19, 1980, and amended amended effective July 1 ,
1980 and April 30, 1983, which provides for participation of Public Agency in
said System, Board and Public Agency hereby ag' ee as follows:
A. Paragraphs ,1 through 12 are hereby str3 en from said contract as executed
effective April 30, 1983, and hereb ' placed by the following paragraphs
numbered 1 through 12 inclusive:
_1 All words and terms used herein which are defined in the Public Employ-
ees' Retirement Law shall have the meaning as defined therein unless ,
otherwise specifically provided. "Normal retirement age" shall mean
age 60 for local miscellaneous members and age 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 19,1980 making its employees as herein-
after provided, membersofsaid System subject to alb provisions of
the Public Employees' Retirement Law except suoh as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except those, which
by express provisions thereof, apply only on the election of a con-
tracting agency.
3. Employees of Public Agency in the following classes shall become mem-
bers of said Retirement System except such in each such class as are
excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members) ;
b. Local Police Officers (herein referred to as local safety
members) ;
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4• In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS •
5. This contract shall be a continuation of the benefits of the contract
of the Atascadero Fire Protection District, hereinafter referred to -a3
"Former Agency", pursuant to 20567.2 of the Government Code, Former
Agency having ceased to exist and having been required by law to be
succeeded by Public Agency on July 1 , 1980. Public Agency, by this
contract, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former
Agency' s contract with respect to the Former Agency's employees,
a. Service performed for the former agency prior to July 1Q 980
shall be subject to the terms and conditions of themer
agency's contract as it was in effect at that time ervice
performed after July 1 , 1980 shall be subject tore terms
and conditions of this contract. For purposes of computing
retirement allowances, separate calculations Nll be made
fOr service performed under each contract.., 3
'Q
6. The fraction of final compensation to be r ivied for each year of
P P
Y
credited prior and current service as a lob# miscellaneous member
shall be determined in accordance with O§tion 21251 .13 of said
Retirement Law (2% at age 60 Full).
7. The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.6 of said Retirement Law
(2% at age 55 Full).
8. The following additional provisions of the Public Employees' Retire-
ment Law, which apply only upon election of a contracting agency,
shall apply to the Public Agency and its employees:
a. Section 20952.5 (Age 50 voluntary retirement) for local safety
members only.
b. Section 20983.6 (Waiver of age 70 retirement) for local
miscellaneous members only.
C. Sections 21380-21387 (1959 Survivors Program) including Section
21382.2 (Increased 1959 Survivors Benefits) , for local safety
members only. _
9. Public Agency, in accordance with Section 20759.1 Government Code,
shall not be considered an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law. Contributions of the Public Agency
shall be fixed and determined as provided in Section 20759, Government
Code, and such contributions hereafter made shall be held by the Board
as provided in Section 20759, Government Code.
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
as local miscellaneous members of said Retirement System:
(1 ) 0.116 percent until June 30, 1999 on account of the
liability for prior service benefits.
(2) 7.912 percent until June 30, 2000 on account of the
liability for current service benefits.
b. With respect to local safety members, the agency shal n tribute
the following percentages of monthly salaries earne local
safety members of said Retirement System:
(1 ) 1 .118 percent until June 30, 2005 on acco of the
liability for prior service benefits. ��`
(2) 16.806 percent until June 30, 2000 on account of the
liability for current service benefits.
(3) 0.200 percent on account of thp`.hability for the 1959
Survivor Program.
C. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law. t
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11 . Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and val-
uation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the cor-
rect amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances, or adjust-
ments on account of errors in contributions required of any employee
may be made by direct cash payments between the employee and the
Board. Payments by Public Agency to Board may be made in the form of
warrants, bank checks, bank drafts, certified checks, money orders or
cash.
B. This amendment shall be attached to said contract and shall be effective on
. the day of , 19_
Witness our hands the day of 19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF ATASCADERO
a
BY BY '\
CARL J. BLECHINGER, EXECUTIVE OFFICER Presiding Offi
f
Approved as to form: Attest:
�Q�
A, ,- \ - ��4,�1 ��4 ���
Margaret J. ehn, Le Office, Date n6rk
PERS CON-702
. "N AGENDA
DAT >
ORDINANCE NO 72
AN ORDINANCE OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING
THE ATASCADERO MUNICIPAL CODE, A CODIFICATION OF THE PERMA-
NENT AND GENERAL ORDINANCES OF THE CITY OF ATASCADERO,
CALIFORNIA, TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY
REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF THE STATE OF
CALIFORNIA.
The City Council of the City of Atascadero, California,
does hereby ordain as follows :
Section 1. Adoption. Pursuant to authority granted by
Sections 50022. 1 through 50022. 10 of the Government; Code of
the State of California, there is hereby adopted that certain
document entitled the "Atascadero Municipal Code" , ,including
the Tables thereto and the secondary codes therein adopted
by reference, published by Book Publishing, Company, Seattle,
Washington, three (3) copies of which code together with (3)
copies of each secondary code, have been filed and are on
i e for public i.ns ection in the office of the cit clerk.
P Y
Section 2. Certain ordinances and provisions to remain in
effect. Those ,certain -ordinances of the City of Atascadero
wh—i h are listed in Tables 3 and 4 o the Atascadero Munici-
pal Code shall not be repealed but shall remain in full force
and effect.
Section 3. Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance 56
passed _ 7-12-83 . The following ordinances, passed subsequent
to Ordinance 56 , but prior to adoptionofthis code, are
hereby adopted and made a part of this code: Ord ces
57, 58, ` 59, 60, 61,: 62 , 63, 64 , 65, 66, 67, 68 68, 70 and 71.
(QA�
rLCe-T V
Section 4. Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amend-
ments hereby of; any ordinance or part or portion of any ordi-
nance of the county shall in any manner affect the prosecu-
tion for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be con-
strued as a waiver of any license, fee, or penalty at said
effective date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such ordi-
nances relating to the collection of any such license, fee
or penalty, or the penal provisions applicable to any viola-
tion thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof required to be posted, filed or de-
posited pursuant to any ordinance and all rights and obliga-
tions thereunder appertaining shall continue in full force
and effect.
Section 5, Constitutionality. If-any section, subsection,
sentence, clause or phrase of this code is for any reason
held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this
code. The council hereby declaresthatit would have passed
this code, ,and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases
had been declared invalid or unconstitutional, sand if for
any reason this code should be declared invalid or unconsti-
tutional, then the original ordinance or ordinances shall be
in full force and effect.
Section 6. Violations of code provisions: Penalties. it
shall be unlawful for any person to violate any provisions
or to fail to comply with any of the requirements of the
Atascadero Municipal Code or the provisions of any Code
adopted by reference by said Code. Any person violating any
of such provisions or failing to comply with any of the man-
datory requirements of the Atascadero Municipal Code shall
be guilty of a misdemeanor or an infraction as designated by,
and provided for, in Sections 16,' 17, 19c and 19d of the
Penal Code of the State of California and as expressly speci-
fied in Sections 40000.1 et seq. of the _Vehicle Code of the
State of California. Each such person shall be guilty of a
separate offense for each and every day during any portion
of which any violation of any provision of the Atascadero
Municipal Code, or the provisions of any Code adopted by
reference by said Code, is committed, continued, or permitted
by such person and shall be punishable accordingly.
Any person convicted of a •misdemeanor under the provisions
of the Atascadero Municipal Code shall be punishable by a
fine _of` not more than Five Hundred and no/1OOths ($500.00)
Dollars, or by 'imprisonment in the County Jail for a period
not exceeding six (6) months, or by both such fine and impri-
sonment.
Any person convicted of an infraction under the provisions
of the Atascadero Municipal Code shall be punishable for a
first conviction by a fine of not more than Fifty and
no/100ths ($50.00) Dollars, for a second conviction within
a period of one (1) year by a fine of not more than One
Hundred no/100ths ($100.00) Dollars, for a third or any sub-
sequent conviction within a period of one (1) year by a fine
of not more than Two Hundred Fifty and no/1OOths ($250.00)
Dollars.
In addition .to the penalties provided by this section, any
condition caused or permitted to exist in violation of any
of the provisions of the Atascadero Municipal Code, or the
provisions of any Code adopted by reference by said Code,
or any subdivision, building, wiring, plumbing, or other
t • •
similar activity in violation of the provisions of said Code
shall be deemed a public nuisance and may be summarily abated
by the City in a civil action, and each day such condition
continues shall be a new a separate offense.
Section 7. Repealer. Except as otherwise provided in this
ordinance, and in the provisions of the Atascadero Municipal
Code adopted hereby, and Tables 3 and 4 included therein, all
other laws and ordinances of the City of Atascadero are
hereby repealed on the effective date of this ordinance, in-
cluding all of the provisions of the San Luis Obispo County
Code not reserved by the provisions of Tables 3 and 4.
Section 8. Publication. The City Clerk shall cause this
ordinance to be published once within fifteen (15) days after
its passage in the Atascadero News, a newspaper of general cir-
culation, printed, published, and circulated in the City in
accordance with Section 36933 of the Government Code, shall
certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with
proof of posting to be entered into the Book of Ordinances of
this City.
Section 9. Effective Date. This ordinance shall go into effect
and be in full force and effect at 12 :01 a.m.. on the 31st day
after its passage.
The foregoing ordinance was introduced on
• and adopted at a regular meeting of the Council on
AYES :
NOES:
ABSENT:
MARJORIE R. MACKEY, Mayor
ATTEST:
BARBARA NORRIS, City Clerk
APPROVED AS TO ORM: APPROVED AS TO CONTENT:
ALLEN GRIMES , City Attorney MU RAY [-TARDEN, City Man ger
kArIEa rNG AGENDA
2LATE I/- '-5 3 ITEM
M E M 0 RAND U M
TO City Council
FROM: City Manager A a4� 1
SUBJECT: Appropriations Limit, Proposition 4
DATE: November 23, 1983
Attached is a proposed resolution setting the City' s appro-
priation limit for Fiscal Year 1983-84 at $3,165,255 for purposes
of complying with Proposition 4 and Senate Bill 1352.
On November r 6
1979 the voters of Californiaassed Propo-
sition
P .
sition 4 (Gann Initiative) requiring annual appropriation limits
for all local governments beginning with Fiscal Year 1980-81.
Fiscal Year 1980-81 was our base year as "'a newly incorporated
city ,as established by SB 1495.
Senate Bill 1352 specifies that appropriations may increase
by an amount equal to the change in population Januray to January
each year , and change in either the U. S. March to March Cost-of-
Living Index (CPI) or per capita personal income, whichever is
lower. Our Fiscal Year 1980-81 base year was $2,4241,814. Fiscal
Year 1981-82 limit increased to $2,691,544, Fiscal Year 1982-83
limit increased to $3,014 ,529 and Fiscal Year 1983-84 limit -in-
creased to $3,165,255. Calculations are attached.
The City' s actual appropriation, subject to the limit for
Fiscal Year 1983-84 , is calculated to be $2,485,909 . This is
$679 ,346 below the Proposition 4 limit.
Details of all calculations are on file in the Finance Office
and this resolution has been noticed 15 days prior to the Novem-
ber 28, 1983 Council meeting.
RALPH H. DOWELL, JR:
RHD:ad
III
,PROPOSITION 4 CALCULATION
FY80-81 Base Year $2,424,814.00
PY81-8,2 per capita increase change x 9.12% (1.0912)
population increase 1/80-1/81 1.89% (1.0189)
Factor 1.11
$2,424 ,814 (FY80-81 Base Year) x 1.11% (factor)
_ $2,691,544 (Prop 4 limit FY81-82)
Appropriation for FY81-82
$2 ,256,720 .00
FY82-83 per capita increase change 6.79% (1.0679) :
x papulation increase 1/81-1/82 4.920 (1.0492)
=Factor 1.120
$2,691,544 (Prop 4 limit FY81-82) x 1.120 (factor)
= $3,014 ,529 (Prop 4 limit FY82-83)
Appropriated for FY82-83
$2 ,425,081.00
Amount below Prop 4 limit
$589 ,,448.00 •
FY83-84 per capita increase change 2.350 (1.0235)
x population increase 1/82-1/83 2.910 (1.0291)
Factor 1.05%
$3,014 ,529 (Prop 4 limit FY82-83) x 1.05% (factor)
= $3,165,,255 (Prop 4 limit FY83-84)
Appropriated for FY83-84
$2,485,909
I
Amount below Prop 4 limit
$679, 346
i
RESOLUTION NO. 50-33
RESOLUTION OF THE ATASCADERO CITY COUNCIL
SETTING AN APPROPRIATION LIMIT FOR
FISCAL PERIOD JULY 1, 1983 THROUGH JUNE 30 , 1984
WHEREAS, Section7900of the Government Code, as added by Chapter
200 of the Statutes of 1980 , Division 9, provides for the effective
and efficient implementation of Article XIIIB of California Constitu-
tion; and
WHEREAS, Section 7901 and 7913 of Chapter 1205, provides that each
year the governing body of each local jurisdiction shall, by resolu-
tion, establish its apprpriations limit at a regularly scheduled meet-
ing and, 15 days prior to such meeting, documentation used in the de-
termination of the appropriations limit shall be available to the pub-
lic; and
WHEREAS, the base year appropriation limit for Fiscal Year 1980-81
has been established per SB 1495 by Resolution No. 18-81; and
WHEREAS, any judicial action or challenge shall be commenced with-
in 45 days of the effective date of this resolution.
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council
does hereby set the appropriations limit for the fiscal period July 1,
1983 through June 30, 1984 as $3,165,255 . Documentation used in the
determination of the apprpriations limit is available to the public in
the Finance Department, Administration Building, 6500 Palma, Room 208,
Atascadero, California.
On motion by Councilman , and seconded by Councilman
,' the foregoing resolution is hereby adopted in its en-
tirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
MARJORIE R. MACKEY, Mayor
ATTEST:
BARBARA NORRIS, City Clerk
Resolution No. 50-5 .
}
APPROVED AS TO FORM:
oj-a� A
0
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
MU Y L WARDEN, City Man r
•
•
2
(� %yY
IE T
4
MEMO RAND UM
T
47 TO: Murray G•I
• ark
FROM: Larry McPherson
SUBJECT: Street Maintenance District 83-3: Maleza Avenue
DATE: November 23, 1983 .
Attached is the resolution establishing a street maintenance district.
on Maleza Avenue. This resolution is recommended to be approved by Council`
subject to the protest hearings scheduled for their meeting of November 28th.
This is the final step in establishing the maintenance assessment
district for this location. Upon approval of the resolution and the Public
Works Director's report with the assessment map, this informationwill be
submitted to the office of the Auditor-Controller of the County so that these
assessments may be placed on the tax rolls.
The assessments showninthe report with ;the resolution are estimated
• first year costs and include major maintenance to establish street paving
for a presently unpaved road. Future years assessments will be much lower,
since only routine maintenance of the reconstructed roadways will be done. -
If Council approves the Resolution and attachments, these documents
will be submitted to the Auditor Controller to be added to the F.Y. 1983-84
tax bills.
aAENCE- McPHERSON
LM:vh
cc: Finance Dir.
City Attorney.
•
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 83-3
MALEZA AVENUE •
Attached is an estimate of thecostsfor the improvement
of Maleza Avenue. Said improvements would include rough
grading, associated drainage structures, and a 2" asphalt
concrete maintenance cap to provide an approximate 20 foot
roadbed on these streets.
Accompanying this report is a diagram of the district
delineating the exterior boundaries thereof and every lot of
land therein for the proposed work, improvements and maintenance. '
Also attached is the listing of individual assessor's parcel
numbers along with the assessment for F.Y. 1983-84 for each
of the benefitting lots as approved with the resolution.
•
•
MALEZA AVENUE
Assessor's Parcel # Property Owner Assessment
29-121-07 J. Hazard $802
5360 Maleza Avenue
Atascadero
29-121-06 PL & VK Roberts 802
5380 Maleza Avenue
Atascadero
29-121-05 FL & ME Sumner 802
5390 Maleza Avenue
Atascadero
29-121-20 R & HL Trigo 802
5400 Maleza Avenue
Atascadero
29-121-19 SW Davis 802
5420 Maleza Avenue
• Atascadero
29-131-26 WH & PA Koens 802
5465 Maleza Avenue
Atascadero
29-131-23 RE & LL Dillon 802
5425 Maleza Avenue
Atascadero
29-131-25 RE & LL Dillon 802
5425 Maleza Avenue
Atascadero
29-131-02(vacant) Chevron USA 530
2525 North Chester
Bakersfield,CA
•
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•
RESOLUTION NO. 51-33
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING THE FORMATION OF A MAINTENANCE DISTRICT
TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVE-
MENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF
THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE
SECTION 5820-5856) ; AND ORDERING IMPROVEMENTS AND THE
FORMATION OF MAINTENANCE DISTRICT 83-3:MALEZA AVENUE:
AND CONFIRMING THE ASSESSMENT.
WHEREAS, the Council has initiated proceedings for the formation of
a Maintenance District pursuant to the provisions of the Streets and
Highways Code of the State of California, to be known and designated as
"Maintenance District 83-3: Maleza Avenue", herein referred to as "the
District", and
WHEREAS, the Council set a hearing on the formation of said Maintenance
District held on the 28th day of November, 1983, at 7:30 P.M. , in the Council
Chambers of the City Council; and
WHEREAS, at this time, the Council has heard testimony and evidence
and is desirous of proceeding with the formation proceedings and confirmation
of the improvements and maintenance and levy of assessments;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of
Atascadero as follows:
• Section 1. The above recitals are true and correct.
Section 2. Upon the conclusion of the public hearing, the written pro-
tests filed, and not withdrawn, did not represent property owners owning
more than fifty percent (50%) of the area of assessable lands within the
District, and all protests are hereby overruled and denied.
Section 3. The Council hereby confirms the maintenance and assessment
work for the District as set forth in the Engineer's Report and as referred
to in the Resolution of Intention as previously adopted relating to assessment
levy.
Section 4. The diagram and assessment as set forth in the Engineer's
Report are hereby confirmed and adopted by this Council.
Section 5. The adoption of this resolution constitutes a levy of the
assessment for the fiscal year commencing on the 1st day of July, 1983, and
ending on the 30th day of July, 1984 all in accordance with the report of
the City Engineer.
Section 6. The estimates of costs, the assessment diagram, the assessments,
and all other matters set forth in the Engineer's Report, as submitted, are
hereby approved and adopted by this Council and hereby confirmed.
•
a y
Section 7. The works of improvement and maintenance contemplated by the
Resolution of Intention shall be performed pursuant to law, and the County
Auditor shall enter on the Countv Assessment Roll, the amount of the assessment,
and said assessment shall then be collected at the Game time and in the same
manner as the County taxes are collected. After collection by said County,
the net amount of the assessment shall be paid to the City Treasurer of the City.
Section 8. The City Treasurer shall herein establish a special fund
known as "City of Atascadero Maintenance District 83-3: Maleza Avenue", into
which the City Treasurer shall place all monies collected by the Tax Collector
pursuant to the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made available to
the City Treasurer.
Section 9. The City Clerk is hereby ordered and directed to file a
certified copy of the diagram and assessment rollvath the County Auditor,
, together with a certified copy of this Resolution upon its adoption.
Section 10. The City Clerk is hereby further ordered and directed to
file a certified copy of the diagram and assessment roll with the County Tax
Collector, together with a certified copy of this resolution upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed
in the office of the Public Works Director, with a duplicate copy on file in the
office of the City Clerk and open to the public for inspection.
Section 12. Any parcels or lots of land known as public property, as the
same is defined in Section 22663 of Division 15, Part 2 of the Streets and
Highways Coee, which are included within the boundaries of the District, shall
be omitted and exempt from any assessment made under these proceedings. •
On motion by Councilman and seconded by Councilman the
foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
MARJORIE R. MACKEY, Mayor
ABSENT:
APPROVED AS TO CONTENT:
ADOPTED:
ATTEST:
Y L. t DEN, City Manager
PATSY A. HESTER, Deputy City Clerk
APPROVED AS TO F RM:
ALLEN GRIMES, City Attorney
•