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Agenda Packet 11/26/1984
• AGENDA - ATASCADERO CITY COUNCIL Regular Meeting November 26 , 1984 at 7 :30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comments City Council Comments Presentations 1. Certificates of Appreciation to be presented to Mssrs. Joseph F. Souza and Greg Smith. 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 discussion is required, that item will be removed from the Consent • Calendar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of November 13, 1984 (RECOMMEND APPROVAL) 2. Treasurer ' s Report - 10/1/84 to 10/31/84 (RECOMMEND APPROVAL) 3. Finance Director ' s Report - 10/1/84 to 10/31/84 (RECOMMEND APPROVAL) 4. Claim of Anthony Plantaz for damages in the amount of $15,000 (RECOMMEND DENIAL) 5. Acceptance of final Parcel Map 6-83 at 3100 San Fernando Road - Dutra (Hohenstein) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Acceptance of final Parcel Map 16-83 at 11875 Halcon Road - Calkins (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7. Acceptance of final Parcel Map 2-84 at 11745 Halcon Road - Bella Vista Investments (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) • 8. Acceptance of final Parcel Map 10-84 at 11645 Halcon Road - Davis (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) • 0 City Council Agenda - Page 2 • 9. Acceptance of final Lot Line Adjustment 12-84 at 9155-9195 San Diego Road - Benrich Construction (Kennaly Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 10. Consideration of staff report for a time extension on Tenative Parcel Map at 821007 :1 at 6990 Valle - Lee (Greenaway Construction) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Tenative Parcel Map 26-84 - Request submitted by Kathleen Nimmo to create two lots of 2.65 acres each from an existing 5. 3 acre parcel in the RS (Residential Suburban) zone. The site is located at 8200 Los Osos Road, also known as Lot 19 of Block 37. Negative Declaration to the provisions of CEQA is to be certified. (RECOMMENDED APPPROVAL OF PLANNING COMMISSION RECOMMENDATION) B. HEARINGS, APPEARANCES AND REPORTS 1. Appeal by County Savings Bank (Brady) - Appeal of Planning Commission' s denial of a third monument sign at Adobe Plaza Center . Conditional Use Permit 20-87 2. Report of the City Attorney - No. 31 • C. UNFINISHED BUSINESS 1. Proposed Ordinance No. 86 - Municipal Code revision of Ordinance No. 4, establishing the office of City Manager and determining the appointment responsibilities and duties thereof. (Second Reading) 2. Proposed Ordinance No. 90 - Amending Title 1 and Repealing Section 6 of Ordinance 72. (Second Reading) 3. Proposed Ordinance No. 91 - Prohibition of the distribution and display of drug paraphernalia. (Second Reading) 4. Proposed Ordinance No. 92 - Authorization for Temporary Street Closure for Special Events. (Second Reading) 5. Proposed Ordinance No. 93 - Amending Tables 3 and 4 of the Atascadero Municipal Code by Repealing Ordinances 12, 17, and 65 of the City of Atascadero and Chapters 2. 41 and 16.04 of the County Code Provisions. (Second Reading) 6. Proposed Ordinance No. 94 - Pre Zoning - Annexation Area No. 3. (Second Reading) • 7. Council Discussion of Downtown Parking. Z City Council Agend* Page 3 • • 8. Committee Report of Downtown Revitalization Activity. D. NEW BUSINESS 1. Proposed Resolution No. 62-84 — Grant Fund Availability from Petroleum Violation Escrow Account E. ATASCADERO COUNTY SANITATION DISTRICT (Council will recess and convene as the Atascadero County Y Sanitation District Board of Directors) 1. Proposed Ordinance 95 - Amending Section 10 of Ordinance 54 regarding sewer service charges to restaurants. (First Reading) (The Board of Directors will adjourn and reconvene as City Council) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council • 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider property acquisition. An announcement is not anticipated after the closed session. • • ouncil Meeting 11/26/84 Agenda Item- A-1 MINUTES - ATASCADERO CITY COUNCIL ft gular Meeting vember 13 1984 ascadero Administration Buildincr Page 1 y The regular meeting was called to order at 7 : 30 p.m. by Mayor Pro Tem Handshy. Y The Pledge of Allegiance w as recited. Invocation was i given by Michael Ferree of St. Luke ' s Episcopal Church. ROLL CALL Present: Councilman Molina, Councilwoman Mackey and Norris, Mayor Pro Tem Handshy Absent: Mayor Nelson STAFF c� ✓ Ralph Dowell, Acting City Manager and City Treasurer; Allen Grimes, City Attorney, �} agger Jones, City Clerk; Georgia Ramirez , Deputy City Clerk; Henry Engeh, Planning Director;✓hn Wallace, Contract Engineer; Bob Best, Recreation Director; and Mike Hicks, Fire Chief. � PUBLIC COM11ENT rah Gronstrand of the Friends of the Library spoke. She said, "they had ceived additional information that arrived too late for the Council Meeting Benda. She said that in July they had talked about being willing to exchange the lot Mr. Polin had given them for another should one be available to them. They found that there are few lots in the areas of high visibility and those that exist are very expensive. They have not found anyone who is willing to equal Mr. Polin' s generosity in the gift of a lot. Last week Dale Perkins, the County Library Director told teem that there has been a change in the financial picture. $3 , 000, 000 will become available for libraries in California in the spring of 1985. Mr. Perkins thinks it is very important that the library be in a position to apply for some of this money. In order to do this they must have preliminary drawings and documentation for the proposed library. Mr. Perkins visited the lot and found it very acceptable, both in terms of size and visibility. Mr. Perkins is requesting the supervisors to release some of the money they allocated for the Atascadero Library in order to hire an architect to prepare preliminary drawings and documentation. These are exciting new developments that give them cause to be most optimistic about obtaining additional funding for the new library in our city" . COUNCIL COMMENT Mayor Pro Tem Handshy introduced the new Recreation Director, Bob Best. • -1- a 7 • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting ovember 13 , 1984 tascadero Administration Building age 2 Councilman Molina said he has been approached by quite a few people regarding the speeding and traffic situation in the City of Atascadero. He feels that the council should make some type of policy to re-enforce that they will back the police department and maybe hit the violators that are speeding in the city. He feels that as a council they should make a policy saying that the police department will be giving citations after a two week period of warning. This should be done before some one is injured or killed, especially some kids. Also the semi-trucks and trailers parking on E1 Camino which is making it very dangerous for people coming out of Principal & La Linia. Trucks are parking too close to the corners and people can' t see and it is very dangerous. We ought to think about enforcing that also. But mainly, he would like the speed- ing violations enforced. Councilwoman Mackey said she agreed with Councilman Molina and that she is threatening to have a bumper sticker made saying, "I 'm driving the speed limit, so why are you passing me" . Councilman Molina said that the council should support the police department. He suggested that the council make some type of policy saying that we will start issuing citations if they don' t adhere to the safety laws and speed &mits in Atascadero. Councilwoman Norris said she agreed with Councilman Molina. MOTION: By Councilman Molina that the staff prepare a policy statement for council consideration on the strict enforcement of the speed limits including a warning procedure. Seconded by Councilwoman Norris. Passed unanimously 4 : 0. A. CONSENT CALENDAR 1. Minutes of the regular meeting of October 22 , 1984 (RECOMMEND APPROVAL) 2 . Minutes of the special meeting of October 26 , 1984 (RECOMMEND APPROVAL) 3. Claim of Michael Winegart for damages in the amount of $1, 000, 000 . (RECOMMEND DENIAL) 4 . Claim of Paul Raymond for damages of an unspecified amount. (RECOMMEND DENIAL) 5. Acceptance of Final Map 8-84 at 1650 Traffic Way - Meissner Wright (Tartaglia) . t -2- i MINUTES - ATASCADERO CITY COUNCIL Regular Meeting November 13 , 1984 Atascadero Administration Building Page 3 6 . Tentative Tract Map 20-84 - Request submitted by Dennis Bethel and Associates (Steven Frank and Norman Frank, owners) to create 20 unit, airspace condominiums in the RMF-10 (Residential Multiple Family - 10 units per acre maximum) zone. The site is located at 5600 West Mall, also known as Lots A, B, C,. D of Tract 79-110 . Negative Declaration to the provisions of CEQA. is to be certified. 7 . Tentative Tract Map 25-84 - Request submitted by Colony Park Association to create a 29 unit commercial condominium tract in the CR (Commercial Retail) zone. The site is located at 3500 E1 Camino Real, also known as lot 6 of Block 18 . Negative Declaration to the provisions of CEQA is to be certified. Councilwoman Norris asked that item A-2 be pulled for further dis- cussion. Councilwoman Mackey asked that item A-6 be pulled because someone in the public wants to make a comment or statement. MO`T'ION: By Councilman Molina, seconded by Councilwoman Mackey to approve Consent Calendar, items A-1, 3 , 4, 5 and 7. Passed unanimously by roll call vote 4 : 0. Councilwoman Norris said that after much studying and talking w specialists in that area, she said that she would like to change*.. her vote and agree with the councilmembers saying that they followed all rules and regulations in appointing a city treasurer and city clerk. MOTION: By Councilwoman Mackey, seconded by Councilman Molina to accept the change on the October 26th minutes. Passed unanimously 4 : 0. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to approve Item A-2. Passed unanimously 4 : 0. Dave Cowan said that regarding tentative tract map 20-84 (Item A-6) that the Planning Commission has not taken the environmental affect that having a housing complex in the down town area and not con- sidering the traffic situation created by adding 20 families facing or near a road bottle neck, referring to the narrow bridge over Atascadero Creek. Also he asked the City Council and Planning Com- mission if they have considered a better site for the future police facility. He feels that a police facility is more compatible than a housing complex over run with cars and kids. Steven Shivley representing Dennis Bethel and Assoc . said if there were any questions regarding the project he will be pleased to answer them. -3- MINUTES ATASCADERO CITY COUNCIL Regular Meeting November 13, 1984 tascadero Administration Building *age 4 Councilwoman Mackey said she is inclined to agree with Mr. Cowan but she didn' t think that we had any legal way to complain about it because it is zoned for that. Councilman Molina said it is zoned for it and it meets all the criteria that have been specified. Councilwoman Norris and Mayor Pro Tem Handshy agreed. MOTION: By Councilman Molina, seconded by Councilwoman Norris to accept staff recommendation and to approve item A-6 . Passed unanimously 4 : 0. B. HEARINGS, APPEARANCES AND REPORTS 1. Report of Progress of Volunteer Projects (Mr. Elliott Stephenson) Mr. Stephenson gave the council a list of individuals responsible for the completion of the Atascadero Lake Park Shoreline Improvements Project. He asked that the council send a letter of appreciation to each of those on the list. He asked that special recognition in the form of a certificate of appreciation be given to Joe Souza and Gregg Smith. He then explained his propsoed improvement of the Plot of Ground at the Atascadero exit from Northbound Highway 101. He then recommended that the city consider adopting an ordinance requiring sidewalks to be installed at all South E1 Camino Real properties located between Highway 41 and E1 Bordo Avenue by 1987 or 1988 . MOTION: By Councilman Molina to go along with the letters to the individuals and recognition to Mr. Souza and Mr. Smith, and the improvement at the Atascadero exit but to refer the situation about side walks back to staff for further consideration. Seconded by Councilwoman Norris. Passed unanimously 4 : 0. 2 . Joint session, City Council/Planning Commission —Recommended areas of discussion from Planning Commission for joint meeting. Presentation was made by Henry Engen, Planning Director. Councilman Molina said that this is not a priority. We are having difficulty keeping up with day to day things. Acting City Manager, Ralph Dowell, suggested that this item be brought back to council again after the first of the year. -4- MINUTES - ATASCADERO CW COUNCIL Regular Meeting November 13, 1984 Atascadero Administration Building Page 5 MOTION: By Councilman Molina, seconded by Councilwoman Norris to bring this item back to the council agenda the second meeting in January. Passed unanimously 4: 0. C. UNFINISHED BUSINESS 1. Proposed Ordinance No. 88 - Zoning Change 6-84 amending the- official zoning ordinance text, relative to individual tenancy signing within shopping, office, or industrial complexes. (Second reading) MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read by title only. Mayor Pro-Tem Handshy read Ordinance No. 88 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes second reading. Passed unanimously 4 : 0 . 2. Proposed Ordinance No. 89 - Municipal Code revision, stopping, standing, or parking Restrictions (Second Reading) MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read Ordinance No. 89 by title only. Mayor Pro Tem Handshy ready Ordinance No. 89 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Norris that this constitutes second reading. Passed unanimously 4 : 0 . 3. Proposed Ordinance No. 86 - Municipal Code revision of Ordinance No. 4, establishing the office of City Manager and determining the appointment responsibilities and duties thereof. (Continued from October 8, 1984) (First Reading) MOTION: By Councilwoman Molina, seconded by Councilwoman Mackey to read Ordinance No. 86 by title only. Mayor Pro Tem Handshy read Ordinance No. 86 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Norris that this constitutes the first reading of Ordinance No. 86 . Passed unanimously. _5_ Page 6 4 . City Treasure- Administration of the OW of Office to the City Treasurer by the Cite Clerk City Clerk, Grigaer Jones, administered the Oath of Office to Ralph Dowell, City Treasurer. 5. Atascadero Lake Pavilion - Revised Joint Powers Agreement between the County of San Luis Obispo and the City of Atascadero for renovation of pavilion Ralph Dowell, Acting City Manager, gave staff report and recommended to council to reject the agreement. MOTION: By Councilman Molina, seconded by Councilwoman Norris to reject agreement. Passed unanimously 4 : 0. 6 . Proposed Ordinance No. 94 - Pre-Zoning - Annexation Area No. 3 , "Holiday Inn" . (First reading) (Continued from 6/11/84) Staff presentation made by Henry Engen, Planning Director. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read Ordinance No. 94 by title only. Mayor Pro Tem Handshy read by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes first reading. Passed unanimously 4: 0 . Mr. Engen reported that the scheduled LAFCO annexation hearing for this site has been changed from November 15th to December 20th. LAFCO staff contrary to the City' s position, is proposing to only annex the area between Highway 101 and the railroad. D. NEW BUSINESS 1. Proposed Ordinance No. 91 - Prohibition of the distribution and display of drug paraphernalia. (First reading) City Attorney, Allen Grimes, changed infraction from: $50 . 00 to $100 . 00; $100 . 00 to $200. 00; and $250. 00 to $500. 00 MOTION: By Councilman Molina, seconded by Councilwoman Norris to read by title only. Ordinance No. 91 was read by Mayor Pro Tem Handshy by title only. MOTION: By Councilwoman Norris, seconded by Councilman Molina that this constitutes first reading amended to read infraction. Passed unanimously 4 : 0 . 2. Proposed Ordinance No. 92 - Authorization for Temporary Street Closure for Special Events. (First reading) MOTION: By Councilwoman Mackey, seconded by Councilman Molina to read by title only. -6- cr it MINUTES - ATASCADERO CIV COUNCIL Regular Meeting November 13, 1984 Atascadero Administration Building Page 7 Mayor Pro Tem Handshy read Ordinance No. 92 by title only. MOTION: By Councilwoman Norris, seconded by Councilwoman Mackey that this constitutes first reading. Passed unanimously 4 : 0. 3. Proposed Ordinance No. 93 —Amending Tables 3 and 4 of the Atascadero Municipal Code by Repealing Ordinances 12, 17 , and 65 of the City of Atascadero and Chapters 2 . 41 and 16 . 04 of the County Code Provisions . (First Reading) MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read by title only. Mayor Pro Tem Handshy read Ordinance No. 93 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Norris that this constitutes first reading. Passed unanimously 4 : 0. 4 . Proposed Ordinance No. 90 - Amending Title 1 and Repealing Section 6 of Ordinance 72 (First Reading) MOTION: By Councilwoman Mackey, seconded by Councilman Molina to read by title only. Mayor Pro Tem Handshy read by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes first reading. Passed unanimously. 5 . Proposed Resolution No. 60-84- San Luis Obispo County Water Resources Advisory Committee Member to Represent the City of Atascadero. MOTION: By Councilman Molina, seconded by Councilwoman Norris to adopt resolution No. 60-84 . Passed unanimously 4 : 0, by roll call vote_ 6 . Project status, Review and Update - (Verbal Report) A copy of the project status report was given to the council and discussed by John Wallace, Contract Engineer. 7 . City Manager Position Vacancy - Review of Draft Recruitment Announcement Acting City Manager, Ralph Dowell, gave staff report to council. MOTION: By Councilwoman Mackey, seconded by Councilman Molina to direct staff to proceed and get ad in papers tomorrow. Passed unanimously. E. ATASCADERO COUNTY SANITATION DISTRICT MOTION: By Councilwoman Mackey, seconded by Councilman Molina to recess Atascadero City Council and convene as Atascadero County Sanitation District. Passed unanimously. -7- MINUTES - ATASCADERO CIjOCOUNCIL . Regular Meeting November 13, 1984 Atascadero Administration Building Page 8 1. Appeal of Restaurant Sanitation Rates Established by Ordinance No. 54 - Barbara Lehmann, Nardonne ' s Pizzeria. Barbara Lehmann said her rate went from $75 to $178 per month. Ralph Dowell, Acting City Manager, said staff is working on a new rate schedule for restaurants and would bring those recommendations back to the next council meeting. MOTION: By Director Molina, seconded by Director Mackey to reconvenue as City Council. Passed unanimously. F. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL None CITY ATTORNEY None CITY CLERK None CITY TREASURER None CITY MANAGER Ralph Dowell said he had a request from the Police Chief in conjunction with the Superintendent of Schools that we appoint a school resource officer immediately to work very closely with the schools in this city. Will be working with young people in the school system and the school authorities and the problems they may be having. Proposal is that we place an officer and the school district will reimburse the city monthly for exact and total costs. Council concurred to give Ralph Dowell the authority to go ahead with this plan of action. Also a request from the J.C. ' s for 2 hours of Dial-A-Ride support on Sunday for Thanksgiving meals for those who lack transportation. The approximate cost will be $60 . 00 . MOTION: By Councilwoman Mackey, seconded by Councilman Molina to approve this expenditure. Passed unanimously by roll call vote 4 : 0. Mr. Bill Avery will be here on the 19th to start our classification study. The second meeting in December falls on December 24th. Recommend that we either cancel that particular meeting or hold it on Wednesday, December 26th. Will discuss again at November 26th meeting. -8- i MINUTES - ATASCADERO Cloy COUNCIL Regular Meeting November 13, 19.84 Atascadero Administration Building Page 9 MEETING ADJOURNED AT 9 : 47 P.M. TO A CLOSED SESSION. CLOSED SESSION ADJOURNED AT 10: 10 P.M. MEETING ADJOURNED AT 10 : 11 P .M. RECORDED BY: G; ER JON S Ery-�Ier �; if S &uncil Meeting - 11/26/84 Agenda Item No. - A-2 CITY OF ATASCADERO • TREASURER'S REPORT OCTOBER 1, 1984 TO OCTOBER 31, 1984 RECEIPTS TAXES Property Tax 20,336.08 Cigarette Tax 2,638.57 Motor Vehicle "In Lieu" 29, 403.51 Sales & Use 73,500.00 Occupancy Tax 19,626. 27 LICENSES/PERMITS/FEES 28,405.42 GAS TAX 19,708.04 TRAFFIC SAFETY 1,763. 55 REVENUE SHARING 43,534.00 RECREATION FEES 15,293. 00 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 215, 000. 00 • INTEREST ON INVESTMENTS 40,160.79 TRANSPORTATION SB-325 -0- MISCELLANEOUS Rents/Concessions 486. 77 Sale Maps/Publications/Reports 298. 50 Special Police Services 30 . 00 Fines & Penalties 573. 76 Dial-A-Ride Farebox 2,374.65 Reimbursement to Expense 1,481.49 Refunds 1, 887.97 Planning Permit Deposits 3,864.74 Bails/Bonds 916. 00 Wil-Mar Disposal 3,728.56 Rebates (161. 26) Weed Abatement -0- Reimbursement from Sanitation District 15, 433.69 P.O.S.T. 563.74 Miscellaneous 2,735. 28 TOTAL $ 543,583. 12 1 • CITY OF ATASCADERO TREASURER'S REPORT OCTOBER 1, 1984 TO OCTOBER 31, 1984 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 545,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 12. 50% INTEREST, MATURES 12/12/84 100,000.00 TIME DEPOSIT, CITICORP SAVINGS 10.125% INTEREST, MATURES 01/22/85 100,000.00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS AND LOAN 10. 25% INTEREST, MATURES 01/24/85 100, 000. 00 TIME DEPOSIT, GREAT WESTERN SAVINGS 12. 275% INTEREST, MATURES 01/14/85 100,000.00 TIME DEPOSIT, COUNTY SAVINGS AND LOAN 13. 25% INTEREST, MATURES 01/13/85 300 ,000 .00 TIME DEPOSIT, CITI-CORP SAVINGS 11. 9% INTEREST, MATURES 01/14/85 100 ,000 .00 TIME DEPOSIT, COUNTY SAVINGS AND LOAN 13.25% INTEREST, MATURES 01/14/85 100 ,000. 00 TOTAL INVESTMENT DEPOSITS $1, 445,000.00 Ralph H. Dowell, Jr . City Treasurer 2 f� *ouncil Meeting - 11/26/84 Agenda Item No. - A-3 • CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1984 TO OCTOBER 31, 1984 BALANCE AS OF SEPTEMBER 30 , 1984 4,924 .46 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER' S REPORT, PAGE 1 543 ,583. 12 TOTAL 548,507.58 HAND CHECK REGISTER DATED 10/31/84 138,244. 43 CHECK REGISTER DATED 10/04/84 1,868 .75 CHECK REGISTER DATED 10/10/84 71,803. 51 CHECK REGISTER DATED 10/17/84 1, 375.75 CHECK REGISTER DATED 10/19/84 41,964. 29 CHECK REGISTER DATED 10/30/84 67 414. 57 EXPENSE LISTING 174 ,211.83 TOTAL 496,883.13 BALANCE AS OF OCTOBER 31, 1984 51,624.45 PETTY CASH 200.00 TREASURY INVESTMENTS SEE TREASURER'S REPORT, PAGE 2 1, 445,000. 00 TOTAL 1,496 ,824.45 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 E available for payment thereof in the City Treasury. i Dated: November 15, 1984 i i Ralph H. Dowell, Jr. Finance Director 3 • 0 G A ! —1 !p j o�v �. •..c� �. n,,. fhb'- . � — � n� � cl,- �. a .-.. a � - .� u: ,•+ t " '- j`^ 4 ��Tom., \ CJ C,4 n. "Fr.t .,* n j I I I I I LL Xx �Xs x < xx ts� � ,LjnLJ I q .i ^d ,.a —v — tea — a+ :I .^— cj cn I "} '--' c a o .�.-. �•� � I � I __ -+ JAI of I�, I I i cl F C co jam . — LO \ V =a_^_ J --•�_` '-` <` r•.�.a y \ CQ \J\ \ \ \\ y �I �V v z _ C-1 - - `-1 T Z 3 Q ¢ ? a Q ¢ 4= a r 4 q - Ei v ti ti ,1 'J V f� jil - - - -- I f it �X I i X 3`IX X Xj 1 ),( I Y,C JC X X II y} i � c�o a 1J I o o c c >✓ c I K 1X X.,X' X X,X XXX X:,.! Y X!X x X XI X iY Ir. iLi \ILs =1:= C. ! 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I I i *s :e i -• z I I Z R x I _— r n c a e •, n .n 4Zr z i n c, c.F ro o I a L 6 ri { U F Lo 0 t- ei � c a 41E � II F o cD 4 ro =^ L3 m :J { � IN LJ G cD 1C i W tj z Ld u rl I F uLL I o C z v W _ K I G U= z 3 } i { F i ft I z M J J z k z Ej i z tzi c Z � i iiC N CQ N LJ cvI == iC'J ca r Q P z F __ s � CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT OCTOBER 1, 1984 TO OCTOBER 31, 1984 EXPENSE LISTING PAYROLL DATED 10/03/84 CHECKS #32072-32184 63 ,709 .08 PAYROLL DATED 10/17/84 CHECKS #32201-32293 55,479 .19 PAYROLL DATED 10/31/84 CHECKS #32294-32390 59,698.91 VOID CK#21571 CK. REG. DATED 08/31/84 (15.75) VOID CK#21873 CK. REG. DATED 09/28/84 (19.50) VOID CK#21896 CK. REG. DATED 10/10/84 (4,000.00) VOID CK#21927 CK. REG. DATED 10/10/84 (330 .20) VOID CK#22156 CK. REG. DATED 10/30/84 (309.90) TOTAL 174,211.83 -44- 9buncil Meeting - 11/26/84 Agenda Item No. - A-4 • MEMORA_ND U_M_ TO: City Council Members FROM: Ralph H. Dowell, Jr., City Manager SUBJECT: Claim - Anthony Plantaz DATE: November 26, 1984 Claimant alleges false arrest by Atascadero Police Department. Upon investiga- tion by City claims adjustor, it was determined that liability rests with San Luis Obispo County for failing to have cleared the arrest warrant from its computer in a timely manner. The adjustor recommends denial, and I concur. • • ♦I . (SPACE BELOW FOR FILING STAMP ONLY) r 1 ESCHWIG & GUSTIN 246 TWELFTH STREET - POST OFFICE BOX 764 PASO ROBLES, CALIFORNIA 93447-0764 77 (805) 238-1311 3 4 5 Plaintiff Attorneys for 6 7 8 CLAIM AGAINST PUBLIC ENTITES 9 In the Matter or the Claim of: ) No. 10 ANTHONY PLANTAZ ) CLAIM FOR DAMAGES 11 Claimant. ) 12 vs. ) 13 ATASCADERO POLICE DEPARTMENT, ) COUNTY OF SAN LUIS OBISPO, ) 14 j 15 16I Claimant hereby presents this claim to the CITY OF 17 ! ATASCADERO, ATASCADERO POLICE DEPARTMENT and the COUNTY OF SAN LUIS 18 OBISPO, pursuant to Section 910 et seq. , of the California Government 19 Code. 20 2 . I desire notice relative to this matter to be sent to 21 the fuilowing address: Frederick F. Foss, Eschwig & Gustin, P.O. Box ?2 764, Paso Robles, California 93446 . 23 3 . The name and address of Claimant is: ANTON PLANTAZ , 24. 8460 Amapoa #2, Atascadero, CA 93422. 25 4 . a . Claimant is informed and believes and thereon 26 alleges that the Municipal Court of San Luis Obispo, California, at 27 an unknown time erroneouly, mistakenly and negligently caused a 28 -1- 9 00 1 f warrant or arrest to be issued for the arrest of Claimant. ` 1 it � « 2 On July 12 , 1984 , Municipal Court Judge, James Re 3 ordered that the warrant be recalled. - 4 Claimant is informed and believes that through the 5 negligence of unknown county employees, the warrant was not recalled 6 and/or said recall was not communicated to law enforcement agencies. i 7 b . On August 30 , 1984 , Claimant was arrested and 8 handcuffed by Sgt. William E. Watton of Atascadero Police Department 9 without a warrant and without probable cause to arrest, or any cause 10 whatsoever. Claimant was arrested at his home. 11 I 5 . As a result of the acts of Defendants, Claimant was 12 falsely arrested, imprisoned and restrained of` his liberty. 13 Additionally, Claimant was arrested at his home in plain 14 view of his cnildren and neighbors , causing him to suffer 15 -humiliation, embarrassment and damage to his reputation. 16 addition, the arresting officer applied excessive and undue force in . 17 handcuffing and transporting claimant, causing pain, suffering and lg subsequent numbness in claimants wrists and hands. 19 6 . So far as it is known to claimant at this time, 20 claimant has suffered damages in the amount of $15,000 .00, as y 21 follows: 22 False arrest and imprisonment $ 1 000 I . .00 23 Defamation $10,000.00 24 Excessive force and battery $ 4,000.00. 25 7 . The names of the public employees causing said damages 26 to Claimant , so far as presently known are: William E. Watton, 27 28 ESCHWIG & GUSTIN 245 TWELFTH STREET . .. POST OFFICE BOX 764 PASO ROBLES. .. .. i CALIFORNIA .. - .. .. I 93447-0764 - (605) 23B-1311 , Y " 1 Atascadero Police Department, Does 1-10 . 8 . At the time of presentation of this claim, Claimant 3 t claims damages in the amount of $15 ,000.00 for injuries to his 4 person, reputation and character. 5 DATED: October , 1984 6 ANTON PLANTAZ `J. n 9 10 11 12 f 13 14 15 16 -_ 17 18 19 20 21 22 1 23 24 25 26 27 28 -3 ESCFIWIG & GUSTIN ` 2A6 TWELFTH STREET POST OFFICE 13OX 764 PASO ROBLES. - .. CALIFORNIA 93447-0764 (805) 238-1511 • Wouncil Meeting - 11/26/84 Agenda Item No. - A-5. • MEMORANDUM TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 6-83 LOCATION: 3100 San Fernando Road (Lot 10 , Block 26) APPLICANT: Robert Dutra (Hohenstein) On October 16 , 1983 the City Council approved Parcel Map 6-83, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RS (Residential Suburban) and the General Plan designa- tion is Suburban Single Family Residential. Staff review has deter- mined that all conditions of approval have been met. On November 19, 1984 , the Planning Commission reviewed the matter on its Consent Cal- endar and recommends acceptance of the final map. HENRY ENGEN RALPH �DOWELL JR. Planning Director Acting City Manager HE:ps • Z M tiae � Q � � ti Q- 0 0 v o � � ��� oo W e � I 'r• ,' � � h ,BEh' DD'99g - 6Z bgF / ZIZL ao9&B (d 0Sl9F/ 9£/ s6�iio�g�o srsog 1� 3b p o o do 0 0 :. -sa-'' ,a M�•4 ... � aCa+_i ^� e.�-a}..-va T:rew•. r v' *�,u-J t *'a sw+�^p ".. xraa.,:m.#:s'nw ,w'+ .- '..±r. �. x- �•-... . .. .- '�•*.�;1 - "'ice'--�'�.: �-�.,, <si ,• x� . __.....�L._,,.,_�- ....a_ a. �*�, p x...v.,.. scx`"3:ir_ ...zrF' L.r....,.=.'� Wuncil Meeting 11/26/84 Agenda Item No. - A-6- • MEMORANDUM TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 16-83 LOCATION: 11875 Halcon Road (Lot 17, Block 68) APPLICANT: Gary Calkins (Twin Cities Engineering) On May 14 1984 the Cit Council approved Parcel Ma 16-83 sub ' Y Y pP p , sect to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RS (Residential Suburban) and the General Plan designa- tion is Suburban Single Family Residential. Staff review has deter- mined that all conditions of approval have been meta On November 19, 1984, the Planning Commission reviewed the matter on its Consent Cal- endar and recommends acceptance of the final map. HENRY EN EN RALPH H. DOWELL JR. Planning irect Acting City Manager HE:ps �2 c a -12 koi IZ �6ab?zo '��*•, \Q 4 L �e01 ' � dNN vN tihb OtVV o0 03a� �� V O V 1-7 uncil Meeting - 11/26/84 Agenda Item No. - A-7 • M E M O R A N D U M TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 2-84 LOCATION: 11745 Halcon Road (Lot 19 , Block 68) APPLICANT: Bella Vista Investments (Twin Cities Engineering) On April 9, 1984 the City Council approved Parcel Map 2-84 , subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RS (Residential Suburban) and the General Plan designa- tion is Suburban Single Family Residential. Staff review has deter- mined that all conditions of approval have been met. On November 19, 1984 , the Planning Commission reviewed the matter on its Consent Cal- endar and recommends acceptance of the final map. HENRY ENGETA RALPH H. DOWELL JR. Planning Di ector Acting City Manager HE:ps • �'7 .F Zi 4N I 3y ~� as � ( 08 .gm W o s ��� �X Hd jrgoa •. � a�� oo �i��4� 8 � a& = �.ta' o o Ute' & O � V .g�bO �! i�a�� a ,$.c ° E� R ° � �m V•2•o � ° o v o�,.c N t� �. Ham. e+.^e--c:an v«..�y.+,'E '.�txs °�' C�F - C Z�Rz ..S ,V o�,$ v:. k j� c�.i �E Cis -Z ji I t gg 1k a N �� � g b W �' W a 3 W 'I I ° DoS� e $ $srck, ` e Ic m.0 GPN Bn e keg �QQc�i o a�`�o�oCSlD 8e13AA a}}css �o C°-�ti � //rl,Lo[66 M�9F,EF�6pN W ,W �, •Wg n Q tipq, l iu ' V • Wuncil Meeting - 11/26/84 Agenda Item No. A--8 • M E M O R A N D U M TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 10-84 LOCATION: 11645 Halcon Road (Lot 20 , Block 68) APPLICANT: G.T. Davis (Twin Cities Engineering) On August 13, 1984 , the City Council approved Parcel Map 10-84 , sub- ject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RS (Residential Suburban) and the General Plan designa • tion is Suburban Single Family Residential. Staff review has deter- mined that all conditions of approval have been met. On November 19, 1984, the Planning Commission reviewed the matter on its Consent Cal- endar and recommends acceptance of the final map. HENRY ENGgN RALPH H. DOWELL JR. Planning irecto` Acting City Manager HE:ps • i o IJ, ( g aS m O +8♦+ A C V V cc C Q.1n Q m o>s� u3 "k $ R $ �, ', e i► H , � 3 ZBCi gFu.. i rs lu CA - _ � SEf 3�11AM � •-�t' rl �o { , 1 W p. py 1 1 (,� � 4 .. it y i• � 4 i , -78 • Oouncil Meeting - 11/26/84 Agenda Item No. - A-9 • MEMORANDUM TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of LOT LINE ADJUSTMENT 12-84 LOCATION: 9155-9195 San Diego Road (Lots 1,2, 3, Block 35) APPLICANT: Benrich Construction (Kennaly Engineering) On October 8, 1984 the City Council approved Lot Line Adjustment 12-84 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The zoning is RMF-16 (Residential Multifamily Residential, 16 units • per acre) and the General Plan designation is High Density Multifam- ily. Staff review has determined that all conditions of approval have been met. On November 19, 1984 , the Planning Commission reviewed the matter on its Consent Calendar and recommends approval of the final map. HENRY EN EN RALPH H. DOWELL JR. Planning irector Acting City Manager HE:ps 0 - • i ate. o.", v� •`Qy d� rnmt h ���� o � s O o� 4 Ro : o b 4j' �v�.b�odT� 'h...- •h 3Q 41j m�oVL� WI pow � � V �oeo�e� � oo� HAMS! ``� W � d Top � v 0 Thit i, i m-o3 \ b•-e° \; "v cl c� O ro y b ,� poC ca W p h brp. h <nboc�,o�"c� h 41 �� ��dabe �i .c _ < Q �hiti� v o,,\ v b C Qe`o c O o V �cr�, � Mg o Q�a«,_ z ati ; o o \a -- -sz9s9 SDS,/S,9SN � 2 \ti o �,I NIL 8,v 0 Q v h h � � III i 7�qqAfz1 ahs 042 is PHU �.0 00 0� / ei cC�Q - lotr U 1 Y v b 6 m r o Sh C a v °z,.\� all o� IN A oil u�p3°$�.3 ��/,, .• ar;huvwo2ilh �� CQ` 30 0 X03 Iv` N3° �s vv3o I °vk0�y � 14 \ u o p�vjvq jj� o �o oc �I.o �\•wuo T o a1 ph e.o �° oC � QNit, �,!� ���� � X33 � `�Ca�a^�3o�iU o Q��°v`,°�lo,�a •� :( � f!-- . Wuncil Meeting —11/26/84 Agenda Item No. - A-10 M E M O R A N D U M • TO: CITY COUNCIL November 26 , 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 821007 :1 APPLICANT: Willie D. Zee (Greenaway Construction) LOCATION: 6990 Valle (Parcel 4, CO 73-06) REQUEST: To extend the time allowed to complete conditions of approval for previously approved parcel map. On November 19, 1984, the Planning Commission considered _ the above referenced subject unanimously approving a time extension for the par- cel map to December 3, 1985 . There was no discussion as this item was considered as part of the Consent Calendar No one appeared on the matter . • ' t HENRY ENGAN RALPH H. DOWELL, JR. Planning irector Acting City Manager Enclosure: November 19 , 1984 Staff Report HE:ps cc : Willie D. Lee Greenaway Construction • 'lc.> MEETING AG1�A DATE I�-�9 '4 !'!'EM CITY OF ATASCADERO - PLANNING COMMISSION NOVEMBER 19, 1984 Douglas Davidson, Associate Planner Trainee Item: A-7 Project Address: 6990 Valle (Parcel 4, CO 73-06) File No: AT 821007:1 A. LOCATION: 6990 Valle (Parcel 4, CO 73-06) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . .To extend the time allowed to complete conditions of Tentative Parcel Map AT 821007:1. 2. Applicant. . . . . . . . . . . . . . .. . . . .Willie D. Lee 3. Engineer . . . . . . . . . . . . . . . . . . . . .Greenaway Construction 4 . Site Area. . . . . . . . . . . . . . . . . . .Four acres 5. Streets. . . . . . . . . . . . . . . . . . . .Valle is a local street with a 40 foot right-of-way. 6 . Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Fam- ily-Moderate Density) 7 . Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning and Use. . . . . .North: RSF-Y, vacant South: RMF/16 , condominiums East: L, Stadium Park West: CR, vacant 9 . General Plan Designation. . . . .Moderate Density Single Family Residential 10. Terrain. . . . . . . . . . . . . . . . . . . . . .Steeply sloping with many large oak trees and natural grasses. 11. Environmental Status. . . . . . . . .Negative Declaration has been filed with County Recorder . C. ANALYSIS: On November 4, 1982, the Subdivision Review Board discussed this item and had concerns over access to the site as well as the ques- tion of sewer connections. Although the site is in the Sewer Im- provement District and can be served from Valle, the applicant Re: _ Parcel Map AT 821007 :1 (Lee) requested an exception to the requirement to connect Parcel B to the sewer system. Staff found that the granting of an exception to this requirement was inappropriate due to the steep topography of the site and its potential adverse effect upon the operation of a private sewage disposal system. The Planning Commission, on December 6, 1982, and the City Council on January 10, 1983, both approved this parcel map subject to the conditions in the attached Staff Report. The applicant requested a time extension on October 24 , 1984 because the two year approval period is due to expire. Staff sees no reason not to grant the extension since the proposed lot sizes conform to the current Zoning Ordinance. D. RECOMMENDATION: The Planning Department recommends approval of the time extension request subject to the conditions set forth at the time the pro- ject was originally approved. Approval of this one year time ex- tension shall expire on December 3, 1985. ATTACHMENTS: Exhibit A Location Map Exhibit B - Site Plan Exhibit C - Staff Report dated December 6, 1982 DGD:ps 2 ! 1 ` VJK CA OF ATASCADERO�- VA / ,� `r--Pl*.Ennin*g Department t` pit r F (r t u pit '?�• i.�-r-i �-� ���6�i .. _.. 'c, e QCA D ��\ Ma- 1) No. -- 7 A -r SZ 00-7 J UFH) Vol— \� /) IrFH� _ Xf/ L • ..; �.y�!p F 1\ .;. 1 , CEu[7ERt cc ool Uo� 3, ',•, � �: RMF/15, SL -RSF Y 4 GC w /'\\0`;,j I -s •'� ! 1 j CR- C Q O.fi=�J RSF 11 ftp ?fr� ��\J•� ` ���,I..,``i' „01�� CR/ +'\V\ l[e.+r.. i \ `�_/�\'I •1 \� w`%A/ °\ f ;/, » /'µ��J,r-0�� �r �1 1 y •^' \'y Y' / 114��...�. /�III,�f�/ ' \ • �'�1 ''�/ I .� I.e�y a' ; 64 17 i..... .`, ti.... < 141 z _ ° ti• y � s 0 .�,� a (V� .. �� ' � 0 -•b � .A �>��'/. �/�8'd •�JN ; j. �yam\, ILI NO It ph T $2 I OC) 7.' � Gi ,' z 'ems C F w CITY OF ATASCADERO lAiB'� G 0 1979 Planning Department December 6, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 821007:1 LOCATION• 69 90 Valle Avenue (Parcel 4 of COC0 73 06) APPLICANT: Willie D. Lee (Jack Bray) REQUEST: To allow division of four acres into two parcels of 1. 07 and 2.93 acres each. The applicant is also requesting exception to the requirement to connect the larger of the two proposed parcels to the sewer . BACKGROUND 1. Existing Zoning R-A 2. General Plan: Moderate Density Single Family Residential 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 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 parcel is located at the end of Valle Avenue (the loop portion) . The parcel fronts on Valle Avenue and runs through to the proposed route of Highway 41 (a fifty foot dedica- tion along the northwest property line has been made) . A thirty foot wide Southern California Gas Company easement cuts through a small portion of the most westerly corner of proposed Parcel B. There is also a Pacific Telephone and Telegraph Company easement for a phone line running north/south through the center of pro- posed Parcel B. The site is extremely steep with the exception of about a half acre of land at the bottom of proposed Parcel B. Average grade on the hillside portion of the lot is 45%; the lower flat portion has about a 28% grade. The site contains natural grasses and approximately 57 oak trees of significant size. Valle Avenue is gravel along the frontage of the property. Two power poles are located along the property frontage and a fire hydrant is located in the street approximately fifty feet from the edge of proposed Parcel B. le6��� 7) Tentative Parcel Map AT 821007 : 1 (Lee) 5. Project Description:. The applicant requests approval fo divide the four acre parcel into two parcels of 1. 07 and 2.93 acres each. Minimum lot size for this area is one acre (when served by commu- nity sewer) . The property is in the Sewer Improvement District and can be served by sewer from Valle Avenue. The applicant also requests an exception fo the requirement to connect the larger parcel to the community sewer system. It is the applicant' s in- tention to construct a house for the larger parcel on the lower , flatter portion of the lot and utilize an onsite septic system for waste disposal. The applicant requests an exception from the community sewer due to the expense of engineering and sewer pumps to connect the proposed house to the line on Valle Avenue. Access for both lots would be from Valle Avenue. STAFF COMMENTS On November 4, 1982 the Subdivision Review Board met with Jack Bray, the applicant' s surveyor , to discuss this application. Also attending were: Lawrence Stevens, Planning Director ; Vern Elliott, Fire Cap- tain; Patsy West, Senior Engineering Technician; Fred Buss, Associate Planner ; and Wayne LaPrade, Planning Commissioner . The following items were discussed: 1. Access from Valle Avenue Parcel B would require extensive grad- ing and cutbacks to remain below 20% grade for a driveway to a house on the bottom. 2. Sewer connection to the lots from Valle Avenue versus leach field waste disposal. 3. Location of building sites, . 4. Road improvements back to nearest improved road section - may re- quire relocation of power poles. 5. Possible fire hydrant reimbursement. 6 . Submit separate letter for exception request for hookup to commu- nity sewer . Staff has no problem with allowing the existing lot to be split. Con- cerns relate to the exception request and the proposal to locate the house at the bottom of Parcel B. Should the house be constructed at .the bottom of Parcel B, substantial grading and at least one switchback would be required to access the house from Valle Avenue and still maintain a driveway grade of less than 20%. The stability of such a driveway would also be question- able since these slopes are known to contain sandstone and fractured shale at shallow depth. Such a cut would be highly visible from E1 Camino Real and the central part of town and could dramatically affect the hillside aesthetics in a negative manner . 2 s Tentative Parcel Map AT 821007:1 (Lee) Private sewage disposal systems on greater than 20% slope are required to be designed by a registered civil engineer . Such systems frequent- ly require extensive grading and are more susceptible to failure due to a lesser degree of reliability. This would likely make installa- tion of such a system on the lower portion of Parcel B (28% slope) expensive. Expense is the applicant' s reason for requesting an excep- tion from community sewer hookup, however, the costs involved with the alternatives may outweigh the costs of connection to the sewer . Staff is very concerned about the effects such a steep driveway may have on the hillside if a house is built on the lower portion of the lot. Staff is also concerned about the reliability of a septic system developed on this site. It should be noted that a final decision on the exception requests rests with the Sanitation District, but this recommendation has been reviewed. FINDINGS 1. Approval of this application will not have a significant adverse impact upon the environment and the preparation of an Environ- mental Impact Report is not necessary. 2. The lot division application as submitted conforms to applicable zoning and subdivision regulations and is consistent with the 1980 Atascadero General Plan, if recommended conditions are incorpora- ted into the project. 3. Granting of an execption to the requirement to connect Parcel B to the public sewer is inappropriate due to the steep topography of the site and its potential adverse effect on the operation of a private sewage disposal system. RECOMMENDATION Based upon the above Findings, the Planning Department recommends the following: A. Denial of the exception to connect to the community sewer system. B. Issuance of a Conditional Negative Declaration subject to the following conditions: 1. Adequate provisions shall be made for drainage age and erosion control and protection in conjunction with site development. 2. Grading and tree removal shall be minimized during all phases of site and road development. 3 I Tentative Parcel Map AT 821007:1 (Lee) 3. Adequate provision shall be made to minimize fire hazards in conjunction with site development; and, C. Approval of Tentative Parcel Map AT 821007:1 subject to the fol- lowing conditions: 1. Provision shall be made for both parcels to connect to the City sewer system at time of development, and a Note so stating shall appear on the Final Map. 2. Water shall be obtained from the Atascadero Mutual Water Com- pany and water lines shall exist at each parcel frontage prior to filing of the Final Map. A letter from the Water Company indicating they are willing and able to serve the property shall be submitted to the Planning Department prior to recordation 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. 4. All driveways providing access to building sites shall be subject to Planning Department review and approval at the time of building permit application. Plan and profile draw- ings may be required. If average slope exceeds 12%, paved improvement would be required, otherwise, an all-weather sur- face would be required similarly. In no event will driveways be allowed which exceed 20% in slope. A Note to this effect shall appear on the Final Map. 5. The driveway access shall be improved to at least the follow- ing minimum standards: - an improved width of 12 feet - unobstructed vertical clearance of fourteen (14) feet Notes to these effect shall appear on the Final Map. 6. Effort 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. 7. 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 re- strictions. A Note so stating such restrictions shall appear on the Final Map. 4 ,�� Tentative Parcel Map AT 821007 : 1 (Lee) 8. Roof materials for all structures shall be Class C rating or better and a Note to that effect shall appear on the Final Map. 9. 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, access easements or public road improvements. 10. Valle Avenue shall be constructed along the frontage of the property back to the nearest improved portion of Valle Avenue including a minimum paved width of twenty (20) feet with three (3) feet of graded shoulder on each side of the paving prior to recordation of the Final Map. a. Improvements shall be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. b. Improvement drawings, including improvements to control grading and erosion within the road right-of-way, shall be submitted to the Public Works Department for review and approval. 11. 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 processing of the Final Map. 12. 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 expi- ration date. i �cl Tentative Parcel Map AT 821007 : 1 (Lee) ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate, REPORT PREPARED BY: f"`"' FRED BUSS— Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director 6 , • kuncil Meeting - 11/26/84 M E M O R A N b U M Agenda Item No. - A-11 • TO: CITY COUNCIL November 26, 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 26-84 APPLICANT: Kathleen Nimmo (Twin Cities Engineering) LOCATION: 8200 Los Osos Road (Lot 19, Block 37) REQUEST: To create two lots of 2. 65 acres each from a 5.3 acre parcel. On November 19, 1984, the Planning Commission conducted a public hear- ing on the above referenced subject unanimously certifying a Negative Declaration as consistent with the provisions of CEQA and approving the land division request subject to the findings and conditions con- tained in the attached staff report. • Kathleen Nimmo, applicant, appeared and indicated her concurrence with the recommendation. No one else appeared on the matter. HENRY ENG N RALPH H. DOWELL, JR. Planning Director Acting City Manager Enclosure: November 19 , 1984 Staff Report HE:ps cc: Kathleen Nimmo Twin Cities Engineering • I RI w w p� MEETING AG7NDA DATE ! JTEM CITY OF ATASCADERO - PLANNING COMMISSION NOVEMBER 19, 1984 Douglas Davidson, Associate Planner Trainee Item: B-2 Project Address: 8200 Los Osos Road (Lot 19 , Block 37) File No: Tentative Parcel Map 26-84 Notice of public hearing was Public Hearing Case: TPM 26-84 published in the Atascadero News Public hearing to allow the div- on October 26 , 1984 and all own- ision of a 5. 3 acre parcel into ers of record property located two lots of 2. 65 acres each. A. LOCATION: 8200 Los Osos Road (Lot 19, Block 37) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .To create two lots of 2. 65 acres each from a 5.3 acre parcel. 2. Applicant. . . . . . . . . . . . . . . . . . .Kathleen Nimmo 3. Engineer. . . . . . . . . . . . . . . . . . . . .Twin Cities Engineering 4 . Site Area. . . . . . . . . . . . . . . . . . 5.3 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .Los Osos and San Dimas are local streets, both with a 40 foot r ight-of-way. 6 . Zoning. . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 7 . Existing Use. . . . . . . . . . . . . . . . .Vacant land 8 . Adjacent Zoning and Use. . . . . .North: RS, SFRs South: RS, SFRs East: RS, SFRs West: RS, vacant 9 . General Plan Designation. . . . .Suburban Residential 10. Terrain. . . . . . . . . . . . . . . . . . . .Gently sloping with many oak trees. 11. Environmental Status. . . . . . . . .Negative Declaration �2 • w Tentative Parcel Map 26-84 (Nimmo) C. SITE AND DEVELOPMENT DATA: 1. Site Area. . . . . . . . . . . . . . . . . . . . 5.3 acres 2. Required Minimum Lot Size: Lot Size Factor Average slope (0-10%) .50 Distance from center (14000) .40 Septic suitability (moderate) .75 Road (paved, 15% slope) .40 General neighborhood character (2.9 ac) .60 Minimum Lot Size: 2. 65 acres 3. Proposed Lot Sizes. . . . . . . . . . .Parcel 1 - 2. 65 acres Parcel 2 - 2. 65 acres 4 . Access. . . . . . . . . . . . . . . . . . . . . . .Los Osos and San Dimas are local streets, neither of which are City-maintained. 5. Shape. . . . . . . . . . . . . . . . . . . . . . . .Roughly triangular in shape. D. ANALYSIS In the RS zone, the minimum lot size is 2 1/2 acres to 10 acres depending upon performance standards contained in the Zoning Ordi- nance. The applicant is proposing two lots of 2.65 acres each. When staff initially reviewed this proposal, the sum of the mini- mum lot size standard was 3.4 acres. The possible 20% reduction brought the minimum lot size down to 2.72, which still was larger than the proposed lots. Septic Suitability Staff originally determined a severe soil suitability for septic systems based on the U.S. Department of Agriculture (USDA) Soil Conservation Service maps and soil surveys. The applicant submit- ted percolation tests in an attempt to receive a moderate rate of septic suitability, which would lower this particular tests in an attempt to receive a moderate rate of septic suitability, which would lower this particular lot size factor from 1. 5 to . 75. This would bring the lots in conformance with the minimum lot size criteria. The Soil Conservation Service (SCS) surveys are detailed studies of , soil characteristics, although the SCS confirmed that on a scale of 10 acre sites or less, the soils may need further testing to accurately determine septic suitability. Further discussion revealed that the soil in this case (millsholm) has moderate per- meability and 'septic systems are an acceptable method of -sewage disposal if the site does not contain steep slopes. Septic sys- tems on slopes greater than 20% require an engineered design, 2 3 Tentative Parcel Map 26-84 (Nimmo) while such systems on slopes greater than 30% are not allowed. The slopes on this site are all in the 0-10% range. E. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map 26-84 based upon the following findings and conditions of approval contained in Exhibit "A" . ATTACHMENTS: Exhibit A - Findings and Conditions of Approval Exhibit B - Location Map Exhibit C - Parcel Map 3 Tentative Parcel Map 26-84 (Nimmo) EXHIBIT "A" - Tentative Parcel Map 26-84 Findings and Conditions of Approval November 19, 1984 FINDINGS 1. The creation of two lots on this parcel conforms to all applicable zoning and subdivision regulations and is consistent with the Gen- eral 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 preparation of an Environmental Impact Report is not necessary. CONDITIONS OF APPROVAL 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 pre- scribed the Manual of Septic Tank Practices 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 of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alternative pri- vate sewage disposal system, designed by a registered civil engin- eer , shall be required. Depending upon the system, more restric- tive requirements may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of each parcel or its public utility easement prior to recoreation of the Final Map. 3. All existing and proposed utility easements, pipelines and other easements are to be shown on the final map. If there are other building or other restrictions related to the easements, they shall be noted on the final map. 4. Grading that would be disruptive to the natural topography shall be minimized. Removal of existing, mature trees shall also be minimized. 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 appropriate per- mit and compliance with applicable City ordinances. " 4 / • • Tentative Parcel Map 26-84 (Nimmo) 5. Drainage and erosion control plans, prepared by a registered civil engineer, shall be submitted for review and approval by the Plan- ning Department prior to issuance of building permits in conjunc- tion with installation of driveways, access easements or struc- tures. This shall appear as a note on the final map. 6 . Plan and profile drawings of proposed individual driveways and driveway easements shall be submitted for approval by the Planning and Public Works Departments in order to determine average grade and appropriate improvement requirements. This shall appear as a note on the final map. 7. One city standard fire hydrant is required; location is to be de- termined upon designation of building sites and access driveways. 8. All conditions herein specified shall be complied with prior to filing of the final map. 9. A final map drawn in substantial conformance with the approved tentative map and 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 indicate by certificate on the final map that corners have been set or will be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the final map. 10. Approval of this tentative parcel map shall expire two years from the date of Planning Commission approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. 5 10 IIA I'� q95� 20 . Swu�+ a wn MaRap a - 3 9985C .7 v r 7� \ f/r.e 1 BSI 8 �$ \-S 11Q.1 a / ,,.s .•s° ° `s IBA 18 i ¢". 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N N ell Q 3 } w � Wn r goo NY 4_ N oyo� t 4 •11.7 J N Wim'' � o 1 u e -11n In 13 N L1''1oN�3As'\c L , Council Meeting- 11/26/84 Agenda Item No. - B-1 • M E M O R A N D U M TO: CITY COUNCIL November 26 , 1984 FROM: PLANNING DIRECTOR SUBJECT: Appeal of Planning Commission' s denial of a third monument sign at Adobe Plaza Center : Conditional Use Permit 20-84 APPELLANT: County Savings Bank (J. Michael Brady, Architect) LOCATION: 7317 E1 Camino Real BACKGROUND On November 5, 1984 , the Planning Commission denied the request of County Savings Bank to construct a third monument sign, 15 square feet in size, in front of their location at the Adobe Plaza shopping cen- ter . As indicated in the accompanying staff materials, the Great Western Savings sign had been approved by the Council in the past with • the provision that no other monument sign be allowed and that should that monument sign be removed, that it would not be replaced. The applicants are appealing the Planning Commission denial (see attached correspondence) . RECOMMENDATION Staff recommends denial of the appeal. In the event that the City Council desires to uphold the appeal, the attached resolution enables approval of the request. ATTACHMENTS: November 7 , 1984 appeal letter November 5, 1984 Planning Commission staff report Draft minutes - November 5, 1984 Planning Commission meeting Draft resolution upholding appeal 4�1 _--I �; _ HENRY ENGGEN RALPH DOWELL, JR. Planning Direct Acting City Manager • '< fi �.)+ 4 E.dos E i November M B%J.MkV Architecture 7 Planning 1984 Interiors Graphics Henry Engen, Planning Director City of Atascadero Atascadero, CA 93422 Re: Use Permit 20-84 Dear Henry : This Fetter will serve as a formal request to appeal the Planning Commission Decision of November 5th re use permit 20-84. Please schedule this item for the City Council agenda as soon as possible. Thank you in advance for your attention to this matter. Kindest,regards, J ., Michael rady, AIA Jh9By7es cc: Marty Clausen, County Savings Don Pedersen, Architect Bob Worthan, Adobe Plaza J. Michael Brady, AIA &Associates 1 135 Osos Street, Suite A (upstairs) San Luis Obispo, California 93401, Phone: (805) 543-0729 *RA September JMBI %^' IL 25 Architecture 1984 8312 Punning Interiors Graphics Henry Engan Planning Director City of Atascadero Atascadero, CA 93422 Re: Signage Application for County Savings of Atascadero Adobe Plaza Shopping Center located on EI Camino Real, City of Atascadero, California Dear Mr. Engan and Planning Commission Members: Enclosed please find two (2) copies of the proposed pedestal sign for County Savings of Atascadero to be Located at 7317 El Camino Real in the Adobe Plaza Shopping Center, This submittal is for review of the following sign: Pedestal sign 4'-4" x 3'-711 sand blasted redwood material, letters and logo in cut outs; sign to be internally Lighted. On behalf of this new member of your community, I am requesting the pedestal sign be approved as indicated above. You and the Commissioners are aware of the signing history of the Adobe Plaza; more specifically, the recently approved pedestal sign for Creat Western Savings & Loan. We are proposing a similar sign in design for overall compatability with the retail plaza. There are some current thoughts regarding the pedestal sign concept for this proposal that I would like to state for your consideration in this review/approval process. They are as follows: 1. Commercial advertising needs are always changing with respect to the economic and marketing trends. Keeping in mind that this is a strip commercial development, the recent economic situation has required retailers to mount a more active advertising program to promote their exposure and subsequent success. The County Savings 8 Loan facility is looking to have this marketing exposure with the use of the pedestal sign, similar to the existing financial service in the Plaza. J. Michael Brady, AIA & Associates 1 135 Osos Street, Suite A (upstairs) San Luis Obispo, California 93401, Phone: (805) 543-0729 0 Henry Engan, Planning Director September 25, 1984 Page Two M B%R.;%8� 1 L Architecture Planning Interiors Graphics 2. The successful landscape program of the Plaza has developed a growth and maturity which is now screening the autos and providing appropriate separations between the existing pedestal signs along the frontage exposure in the Plaza and will do the same for this proposed pedestal sign. 3. The Adobe Plaza Owner would like to suggest to the Staff and Commissioners that this type of pedestal sign be limited to financial institutions only (i.e., banks and savings 8 loans) in the Plaza. 4. While Adobe Plaza continues to build a sound merchant base, the existing Great Western Savings 8 Loan and now the new County Savings facilities act as anchors to the Plaza and help to establish credibility and the concept of stability and sound investment for a commercial center of this size. 5. Historically the center was approved to have three (3) pedestal signs. We are asking for no more than what was originally approved. It is important for the City Planning Department to keep an open mind to enable response to changing needs and trends, and to review the merit of each advertising/signage program based on the integrity of the environment. Thank you in advance for your perceptual evaluation of this matter. Kinde t regards, Aady, AIA Enclosures cc: Marty Clausen, County Savings Don Pedersen, Architect Bob Worthan, Adobe Plaza J. Michael Brady, AIA & Associates 1 135 Osos Street,Suite A (upstairs) San Luis Obispo, California 93401, Phone: (805) 543-0729 t MEETING AGENDA DATE I ( —5 44 ITEM M E M O R A N D U M TO: PLANNING COPMISSION November 5, 1984 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT 20-84 (Continued from October 15, 1984 meeting) Request submitted by County Savings Bank (Brady) to construct a third monument sign, 15 square feet in size in the CR (Commercial Retail) zone at Adobe Plaza. The subject property is located at 7317 El Camino Real. At its October 15, 1984 meeting, the Planning Commission continued this item due to the absence of the applicant' s architect. ATTACHMENTS: Staff Report of October 15, 1984 JM:ps �3 MEETING AGENDA DATE /O 13A M E M O R A N D U M TO: PLANNING COMMISSION October 15, 1984 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT 20-84 LOCATION: 7317 El Camino Real APPLICANT: County Savings Bank (Brady) REQUEST: To allow the construction of a 15 square foot monument sign. The applicant has resubmitted an application for a third monument sign at the Adobe Plaza. The Planning Commission previously re- viewed and denied Conditional Use Permit 6-83 on January 16 , 1984. No subsequent appeals were received. Staff' s recommendation and findings have not changed. The previous staff report has been attached for your review and consideration. HENRY EN N Planning Director HE:ps GI N AI F7 �F Gtl r r W CITY OF ATASCADERO 1918 R 0 a"nm � � 1978 CA Planning Department January 16, 1984 jSTAFF REPORT SUBJECT: CONDITIONAL USE PERMIT 6-83 LOCATION: 7317 E1 Camino Real (Ptn. Lot 29, Block JA) APPLICANT: County Savings Bank (J. Michael Brady) REQUEST: To allow construction of a 15 square foot monument sign exceeding the limits set forth in prior Conditional Use Permit approvals and in Section 9-4. 130 et seq. (Signs) . BACKGROUND 1. Existing Zoning: CR (Commercial Retail) 2. General Plan: Retail Commercial 3. Environmental Determination: The Planning Director has determined .this project to be Categorically Exempt (Class 11) from environ- mental review. 4. Site Conditions: The site is located in the Adobe Plaza shopping center on El Camino Real. This is a fully developed commercial shopping center. Land uses adjacent to the site include residen- ces behind the center and commercial uses on either side and ac- ross El Camino Real. Access to the project site is from El Camino Real. 5. Project Description: The applicant requests permission to erect a 15 square footmonumentsign with an overall height of 4' 7" at the Adobe Plaza. The applicant is leasing the two end units closest to the Fotomat booth. The monument sign would be located in the landscaped area between the parking lot and El Camino Real. A 40 square foot fascia sign is also planned for the front of the building, however , this sign is permitted under the existing sign plan and is not part of this application. 6. Prior Actions: Conditional Use Permit U780915:1 was approved by the County on January 8, 1979 establishing a Master Sign Plan for the Adobe Plaza project. The approval included the Carl' s Jr. and Taco Bell signs, the Adobe Plaza identification, time and temper- ature sign, and the tenant wall signs which now exist. In addi- tion, two monument signs were approved but not established within that original approval period. ol`' 1 0 Conditional Use Permit 6-83 (County Savings Bank) On December 21, 1981, the Planning Commission considered Condi- tional Use Permit U811130 : 1 for a 45 square foot monument sign for Northern California Savings and Loan and moved to deny the pro- ject. The applicant appealed to the City Council who referred the matter back to the Planning Commission to comment and recommend conditions for approval. The Council indicated they were going to approve the project. The applicant reduced the area of the sign from 45 square feet to 30 square feet upon presentation to the Planning Commission. On February 16 , 1982, the Planning Commis- sion still recommended denial of the sign project though recom- mended four conditions for Council review. On February 22, 1982, the Council approved the monument sign (later to become the Great Western Savings and Loan sign) subject to the four conditions proposed by the Planning Commission with one additional condition. the five conditions imposed were as follows: 1. Approval of the 30 square foot sign as shown on plans submit- ted January 25 ,1982. 2. No additional freestanding signs will be allowed in the shop- ping center. 3. Building or sign permits shall be obtained prior to installa- tion of the sign. 4. Approval of the Conditional Use Permit shall expire one year from the date of final approval unless a time extension is granted pursuant to a written request prior to the expiration date. 5. The monument sign for said financial institution shall be re- moved should the financial institution move from the Adobe Plaza. ANALYSIS The City Council imposed a specific condition prohibiting any addi- tional freestanding signs in the center with their approval of Condi- tional Use Permit U811130 : 1. Additionally, they imposed a condition to remove the sign should that financial institution vacate the cen- ter. These two conditions make it quite clear that the City Council does not want any additional freestanding signs in this center. It was also noted at the time of that last Conditional Use Permit that allowing another freestanding sign would set a precedent for addition- al similar signs. Allowing this sign would more than likely stimulate others in the center to apply for the same. Again, this applicant does not qualify as an "anchor" tenant and therefore should not be allowed an individual sign. 2 f Or Conditional Use Permit 6-83 (County Savings Bank) FINDINGS 1. The granting of this Conditional Use Permit is not necessary to provide adequate sign identification for the proposed financial institution since the wall sign already does and is more compati- ble with other tenant identification signs established in the center . 2. The granting of this Conditional Use Permit may be detrimental to the surrounding commercial area by encouraging similar signing in the future increasing the potential for visual blight commonly associated with sign clutter. RECOMMENDATION Based upon the above Findings, the Planning Department recommends denial of Conditional Use Permit 6-83. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY• FRED BUSS Associate Planner diov� REPORT APPROVED BY: LAWRENCE STEVENS Planning Director Ps 3 October 2.7 1983 Architecture 8312 Planning Larry Stevens Graphics Planning Director City of Atascadero Atascadero, CA 93422 RE: Signage Application for County Savings of Santa Barbara Adobe Plaza Shopping Center located on EI Camino Real, City of Atascadero, CA Dear Mr. Stevens and Planning Commission Members: Enclosed please find two (2) copies of the proposed signing program for County Savings of Santa Barbara to be located at 7317 E1 Camino Real in the Adobe Plaza Shopping Center. This submittal is for review of the following signs: 1. Display canopy sign, 21'-94" x 1'10", typical detail to match the existing Adobe Plaza signs. 2. Canopy sign, 3'-5" x 114", typical detail to match existing sidewalk Adobe Plaza signs. 3. Pedestal sign 4'-4" x 317" redwood material, sand blasted, printed letters and logo in cream color; flood tights in planter for illumination. On behalf of this new member of your community, 1 am requesting the pedestal sign be approved along with the signing package as indicated above. You and the Commissioners are aware of the signing history of the Adobe Plaza; more specifically, the recently approved pedestal sign for Great Western Savings & Loan. We are proposing a similar sign in design for overall compatabil ity with the retail plaza There are some current thoughts regarding the pedestal sign concept for this project that I would like to state for your consideration in this review/approval process. They are as follows: 1 . Commercial advertising needs are always changing with respect to the economic and marketing trends. Keeping in mind that this is a strip commercial development, the recent economic situation has required retailers to mount a more active advertising program to promote their exposure and subsequent success. The County Savings 8 Loan facility is looking to have this marketing exposure with the use of the pedestal sign. James Michael Brady,AIA &Associates bdF�(tex �f �i �Sc San Luis Obispo, California 93401, Phone: (805) 543-0729 1135 Osos St., Suite A �! ft Larry Stevens, Planning Director City of Atascadero October 27, 1983 Page 2 2. The successful landscape growth and maturity is now screening the autos and providing appropriate separations between the existing pedestal signs in the Plaza and will do the same for this proposed pedestal sign. 3. The Plaza Owner would like to suggest to the Staff and Commissioners that this type of pedestal sign be limited to financial institutions only (i.e. , banks and savings E loans) . 4. While the Plaza continues to build a sound merchant base, the existing Great Western Savings & Loan and now the new County Savings facilities act as anchors to the Plaza and help to establish credibility and the concept of stability and sound investment. We find itdifficultto say what the future needs will be for any retailing center, regarding its respective signing program. It is important for the City Planning Department to keep an open mind to enable response to changing needs and trends, and to review the merit of each advertising/signage program based on the integrity of the environment. Thank you in advance for your perceptual evaluation of this matter. Kindest regards, J . is 'ael rady, AIA A chite JMB :vk Enclosures �C( I, .6gg,y� ` p dt-Ski .:.� ,�fl i -\•.` ,� -3 fes, oM _ 2 •-fir o00. �f�,go.�•c�ta CO c - fir• It -. \ v �� • Y.. _ i 957 i ♦ r� �'__- v C1 t �•'. � _ y, EPr_ e- 1%6 •y J`f� � rt•'� \ s� 0X •• .t� ��'�'._s,` iia.r/ C�/v, c vie a A +��f k r� `�r°.Lr h rte -r}'✓ t\rr.•= J' CA �ci .��5�. q� 4. :f+� S =faa p�y.1. Q i� t �x ••r- ``J' t�t .; O. S \ P S� •f - YSt~��- t����t+`9.ti` ice=4N 1y 01. .��• y���'t',y t- s _ - m ♦ ..w/C F,t?c � cif - �s - `a• �9! �'"`'$y-. 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C s'� y'ri ltr,.wj ?"'z>... =�s�s'Y�,�-� s r j 5 t SN,;a` 'Y.,7,J -: �- '.}.}z �`Y�.�_?#{.•'r i r��+i��Y � � is •}L-_� ��'t'+rr - f��-,•,f..s..�.- �Gi�i�i . ;/l�q:{�l�w�;r •..s� \7,w �� �by S,. ���,_ ati �l'1? „a A[s•+-SQA f 3�+ri�� - ��r .'(_�'� 'ys� v3�'�'wT'l s �•<,�`,e ���,� h �a Yom''_.. t•=.-£�'+�ar+t� �, �yc�s.�.="its 4 sy ?li4- ' Y., �/MsKEY{•+ 1 '�%�'�'F+�-••'' '.-r�,ply',�3 .� `�ti,...- lr.;r .«-'e �'i. - ' �L� �. r Mt f ( � �� -T�ems?_�_.- .n.•ti,. ��` 11�:_ � - ��fry ZS`•.�d�` .-•a¢"''�� r� �- r�-?�d:_... 'w✓j'�� �..aC�t�.` fi+r�•-, � 2`^+Y,.LLL �„ z �I .� Com.;-.''s I�?�l �i,��'�-���� _ •x: .s1'T i f � c�5°3�%�����.�.u4�13i z.='� 7}...w:F •.yJa ' Minutes - Planning Commission - November 5, 1984 MOT Toner LaPrade moved to continue illffing on Tentative Par - e meeting of November 19. Commiserer seconde and it carried unanimously. 5. Conditional Use Permit 20-84 Continued hearing on request by County Savings Bank to con- struct a third monument sign, 15 square feet in size, at its Adobe Plaza location. The property is zoned CR (Commercial Retail) . The site is located at 7317 El Camino Real, also known as AT 78-209 of Block JA. Negative Declaration to the provisions of CEQA is to be certified. Mr. Engen noted this matter had been continued at the applicant' s request from the previous meeting and presented the staff report referencing the historical basis for recommending denial of the requested third monument sign at Adobe Plaza. Michael Brady, representing County Savings Bank, spoke in support of the requested sign and stated that the County had originally approved the Adobe Plaza project for three pedestal signs, and briefly elaborated on the background history of the signage requests. He noted that the Bank was only requesting what had been originally approved by the County and felt the monument sign should be approved. Commissioner Lilley stated that the prior applicants had let the previous County approval lapse for some time and he did not feel this was the responsibility of the City or Commission. He further did not feel the Commission was in the situation of creating special exceptions for this matter . Commissioner Lilley did not feel where historical precedence should compel the Commission to adopt a County signing ordinance that predates that of Atascadero for the benefit of the applicant, and that it is historically in- consistent with the position the Commission has taken in the past. It was the Commission' s general consensus that their previous actions on this sign application had not changed and felt the sign should be denied. MOTION: Commissioner Moore moved to deny Conditional Use Permit 20-84. The motion was seconded by Commissioner Lilley and carried unanimously. Conditional Use Permit 21-84 : Request—submitted by Sevcik and Thomas Builder aresh and Prakash Pate, wners) to constructor reeway signs, each 100 square feet in siz" 'e;,d Qne---66i�ument sign, 70 square feet in size; for a nit motel. Subject property is lo- cated at 3600 amino Real, also known-as Lot 5 of Block l* 18. __Ne ga ive Declaration to the provisions o is to be rtified. (This matter is continued from the Plannin - 4 - �v RESOLUTION NO. 61-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO UPHOLDING THE APPEAL BY COUNTY SAVINGS BANK TO PERMIT A THIRD MONUMENT SIGN AT ADOBE PLAZA SHOPPING CENTER WHEREAS, the City Planning Commission on November 5 , 1984 held a public hearing and denied County Savings Bank request for a Condi- tional Use Permit approval to permit a third monument sign; and WHEREAS, County Savings Bank has appealed the denial of said use permit; and WHEREAS, the City Zoning Ordinance enables exceptions to signage standards to be permitted; and WHEREAS, the City Council has reviewed the record of testimony before the Planning Commission, staff reports and public testimony before the Council on this issue; and WHEREAS, the Council has determined the addition of a third monu- ment sign to provide for the same signage as is permitted to exist for another financial institution is appropriate given the 537 foot of linear frontage of this Center . NOW, THEREFORE, the Council of the City of Atascadero does resolve as follows: Section 1. Grants the appeal and approves a Conditional Use Permit for a third monument sign for County Savings Bank for no more than 15 square feet in area. (a) Approval shall expire one year from this date unless a written request for a time extension is granted. (b) The monument sign shall be removed should the financial institu- tion move from the Adobe Plaza Center . Section 2. Finds that (a) the proposed project or use is con- sistent with the General Plan; and (b) the proposed project satisfies the provisions of the zoning ordinance; and (c) establishment of said use will not be detrimental to the health, safety, or welfare of the public or persons residing or working in the neighborhood, nor be det- rimental or injurious to property or improvements in the vicinity; and (d) the proposed project will not be inconsistent with the character of the site. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on the of 1984. CITY OF ATASCADERO CALIFORNIA By ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: RALPH H. DO L, JR. Acting City Manager APPROVED AS FORM: ALLEN GRIMES, City Attorney �U� ADMINISTRATION BUILDING • euncil Meeting - 11/26/84 POST OFFICE BOX 747 a ATASCALIFORNIA PHONE: (05) 466-8000 93423 Agenda Item No. - B-2 CITY COUNCIL CITY CLERK S POLICE DEPARTMENT CITY TREASURER POST 747 WINANCE DEPARTMENT PHONE:OFFICE (8 5) 4 6X8600 CITY MANAGER AINCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA 93423 PERSONNEL DEPARTMENT - alm � PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO,CALIFORNIA 93422. �-�-- PHONE: (805) 466-2141 REPORT OF THE CITY ATTORNEY For the Council Meeting of November 26, 1984 No. 31 • 1. REPORT OF THE LEAGUE OF CALIFORNIA CITIES LEGAL ADVOCACY COMMITTEE At its regular meeting on September 22, 1984, the Legal Advocacy Committee reviewed some 30 cases of significance to cities. The committee urged city attorneys to consider joining as amici in the following cases: a. Kelly v. City of Fresno This case is now on appeal to the California Supreme Court after a decision in the District Court of Appeal which held that an officer may remain silent in administrative interrogations concerning wrong- doing if there is a possibility of being charged with criminal mis- conduct for the same offense. The decision further provides an ex- clusionary remedy in any subsequent administrative proceeding. The Court of Appeal interpreted the Police Officers' Bill of Rights to protect the police officer, who was a prime suspect in a crimi- nal investigation. Prior to the questioning of the officer, he was told that the interview was. administrative only, that no use of his answers could or would be made in any criminal proceeding, and that he was being ordered to answer questions subject to the additional charge of insubordination. Then he confessed to trespass and petit theft. His admissions were admitted into evidence at his subsequent civil service hearing. The evidence was thrown out by the Supreme • Court, which held that he could remain silent. Recommend joining in the amicus brief. REPORT OF THE CITY ATTORNEY November 26, 1984 - No. 31 Page 2 b. City of Modesto v. Superior Court This action is now pending in the District Court of Appeal. It was brought against the city after a boy on a bicycle was seriously in- jured in a crosswalk/car accident. The boy contends that the acci- dent was caused by the driver's inability to see the bicyclist, due to bushes growing on private property at the intersection in ques- tion. The city's zoning ordinance required the bushes to be trim- med for sight clearance. Plaintiff alleges that the bushes were in violation of the city zoning ordinance and that there was a "manda- tory duty" upon city personnel to make certain that the bushes were in compliance with the ordinance. The case raises two questions. The first is whether a city may be held liable for an alleged failure to fulfill a mandatory duty to obtain compliance with its zoning ordinances, under Govt. Code § 818.6. The second is whether the failure to fulfill a mandatory duty can be a proximate cause of an injury, where the manner in which the duty is to be performed is discretionary. Recommend joining in the amicus brief. Other cases called to our attention by the Legal Advocacy Committee include: c. Hopper v. City of Visalia This is an industrial disability retirement action now pending in the State Court of Appeal. The issue is whether the plaintiff is entitled to disability retirement because he cannot perform the range of duties of his position before it was redefined, or whether his disability application is to be considered in light of his cur- rent job description. d. Register Division of Freedom Newspapers v County of Orange This is a case involving the Brown Act and the Public Records Act in which a petition for hearing is now pending before the Califor- nia Supreme Court. The plaintiff sought copies of all settlement documents from the county regarding a claim the county settled, including copies of attached medical records describing the injury and treatment. Under the county's procedure, claims over $20,000 are handled by the county's claim settlement committee consisting of three members representing the General Services Agency, the County Counsel's Office, and the County Administrative Office. The committee approved the claim in a closed session. The Court of Appeal held that the settlement committee was not en- titled to discuss settlements in session under the attorney b; REPORT OF THE CITY ATTORNEY November 26, 1984 - No. 31 Page 3 client privilege, that the privacy exemption did not cover the medical records because they were voluntarily submitted, thereby tacitly waiving the privacy rights, and that the trial court was not required in all cases to review the requested file in camera and hear the county's argument. e. Figuera v. PERS et al. This is a class action now pending in the trial court which affects retirees and not current employees. It requests inclusion of edu- cational incentive pay, longevity pay, standby pay, and shift dif- ferential pay as well as uniform allowances and holiday pay in the computation of retirement benefits. f. City of Riverside et al v. LAFCO of Riverside County This case deals with the question as to whether LAFCO may attach conditions to an approval of annexation, such as requiring the city to provide sewer service to noncontiguous, undeveloped property outside the city's boundaries. 2. RECENT DECISIONS OF INTEREST a. Court Upholds Ban on Write-In Candidates The Court of Appeal has upheld the City of San Diego's ban on write-in candidates in municipal elections. (Canaan v. Abdelnour, C.A., Sept. 19, 1984.) ' b. Discharged County Employee Given Chance to Clear Name The C.A.3rd has held that a probationary county employee does not have a protected interest in employment to entitle him to a trial type hearing prior to his discharge for misconduct. The court said he was not entitled to a hearing before being terminated because he did not have a liberty interest to be protected which had been in- fringed upon when defamation is made in connection with the loss of a government job. The court found that he was given a hearing ap- propriate to the nature of his case. (Murden v. County of Sacra- mento, C.A.3rd, Sept. 26, 1984.) C. City Parade Ordinance Held Invalid The U.S.C.A.9th has held that a city parade ordinance requiring 20 days advance notice is unconstitutional on its face. (NAACP v, City of Richmond, U.S.C.A.9th, Septa 28, 1984.) r� REPORT OF THE CITY ATTORNEY November 26, 1984 - No. 31 Page 4 d. Firefighters Immune From Liability for Not Arriving at a Fire The C.A.lst has held that the City and County of San Francisco and its firefighters were not liable for failing to arrive at a fire in a timely manner. (City and County of San Francisco v Superior Court, C.A.lst, Sept. 28, 1984.) e. Fee on Downtown Developers of New Office Buildings Held Valid A Superior Court judge in San Francisco has upheld the constitu- tionality of a novel fee that charges downtown developers in San Francisco $5 per foot on new office buildings. The court held that the city's charges are development fees and therefore are not spe- cial taxes within Proposition 13. (Russ Building Partnership V. City and County of San Francisco, Sup.Ct., Oct. 1, 1984.) f. Hearing Not Required for Job Reclassification The C.A.3rd has held that a public employee who neither had a prop- erty interest nor a statutory interest in his job classification has no due process right to a hearing prior to the reclassification of his job. (Schultz v. Regents of the University of California, C.A.3rd, Oct. 3, 1984.) g. Cities Deemed Immune From Alleged Antitrust Violations The U.S.C.A.9th has ruled that cities which were authorized by the state legislature to implement free ambulance service and could not be held liable for alleged violations of the Sherman Acta (Springs Ambulance Service, Inc. v City of Rancho Mirage, U.S.C.A.9th, Oct. 25, 1984.) h. City Immune From Antitrust Liability in Cable TV Licensing The U.S.C.A.9th has held that a city is entitled to "state action" immunity from antitrust suits in granting exclusive licenses for cable television service in that city. (Catalina Cablevision Asso- ciates v. City of Tucson, U.S.C.A.9th, Oct. 25, 1984.) i. City Antidemolition Ordinance Held Valid The California Supreme Court has upheld the validity of Santa Monica City Charter Section 1803(t) which requires a landlord to obtain a predemolition removal permit before leveling his rental units. (Nash v. City of Santa Monica, Cal.Sup.Ct. , Oct. 25, 1984.) REPORT OF THE CITY ATTORNEY November 26, 1984 - No. 31 Page 5 j. Employee Job Performance Held Not Subject to Court Evaluation The U.S.C.A.9th has held that the Civil Service Reform Act of 1978 (CSRA) does not provide for judicial review of a civil service em- ployee's job performance evaluation. Such employees have no con- stitutionally protected property interest in merit pay increases. (Veit v. Heckler, U.S.C.A.9th, Oct. 29, 1984.) 3. STATUS OF PENDING LITIGATION a. Larrison v. City of Atascadero This case was filed by nine police officers to obtain merit in- creases in their salaries since completion of their probationary periods and to collect the aggregate sum of $19,247 as damages for unpaid back salaries. The Superior Court decided in the City's favor. Petitioners have appealed. They filed appellants' opening brief on August 27, 1984. The City filed its respondent's brief on October ll, 1984. Appellants are now working on the preparation of their reply brief. b. Gearhart v. City of Atascadero This case was filed by petitioner to force the City to grant him a permit to collect solid waste. Following entry of judgment in favor of the City, petitioner filed his notice of appeal of the Superior Court decision to the Appellate Court. However, petitioner failed to perfect his record on appeal, and the case has now been dismissed by the Court of Appeal and the City has been awarded costs. c. Daniel/Kelley v. City of Atascadero Plaintiffs filed a declaratory relief action against the City on February 17,1984. The City's demurrer to the complaint was sus- tained by Judge Warren C. Conklin on June 7, 1984. The City was granted judgment in its favor on October 15, 1984. 4. STATUS OF PENDING PROSECUTIONS a. People v. Latham The above prosecution is for violation of H 9.3.142 and 19.040.0 of the Atascadero Municipal Code, establishing a residential use on a vacant lot by the use of a bus as a residence and building a structure without building permits. The defendant has retained REPORT OF THE CITY ATTORNEY November 26, 1984 - No. 31 Page 6 Attorney Phillip McQuown of Atascadero to represent him, who has made some progress with his client in getting him to comply with the provisions of the law. Because progress is being made and, hopefully, complete compliance will be obtained, further pretrial proceedings in this matter have been set over to October 29, 1984. Respectfully submitted, ALLEN GRIMES City Attorney AG:fr 11/19/84 till . Spxuncil Meeting - 11/26/84 Agenda Item No. - C-1 • M E M O R A N D U M TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr. Acting City Manager SUBJECT: PROPOSED ORDINANCE NUMBER 86 - MUNICIPAL CODE REVISION OF ORDINANCE NUMBR 4, ESTABLISHING THE OFFICE OF CITY MANAGER AND DETERMINAING THE APPOINTMENT RESPONSIBILITIES AND DUTIES THEREOF Attached is Ordinance Number 86 for the scheduled second reading. • RHD:kv Attachment • w ORDINANCE NO. 86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 4 OF TITLE 2 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE CITY MANAGER The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 4 of Title 2 of the Atascadero Municipal Code is amended to read as follows: Chapter 4. City Manager Sec. 2-4.01. Office created: Term. The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the City Council. Sec. 2-4.02. Residence. Residence in the City at the time of appointment of a City Manager shall not be required as' a condition of the appointment, but within one hundred eighty (180) days thereafter the City Manager must become a resident of the City unless the City Council approves his residence outside the City. Sec. 2-4.03. Temporary Manager. The Assistant City Manager shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager , the City Manager , by a letter filed with the City Clerk , shall designate a qualified City administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. In the event the City Manager ' s absence or disability extends over a three (3) month period, the City Council may, after the three (3) month period, appoint an Acting City Manager. Sec. 2-4. 04. Compensation. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. Sec. 2-4.05. Expense Allowance. The City Manager shall be reinbursed for all actual and necessary expenses incurred in the performance of his official duties, includ- ing those incurred when traveling on business pertaining to the City. Sec. 2-4.06 . Powers and Duties Generally. The City Manager shall be the administrative head of the govern- ment of the City under the direction and control of the City Council. The City Manager will promote teamwork and harmony with staff and City Council. The City Manager shall be responsible for the i efficient administration of all the affairs of the City which are under his control. In addition to his general powers as admin- istrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in Sections 2-4.08 through 2-4.17 Sec. 2-4.07 . Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City, and to see that all franchises, contracts, permits, and privileges granted by the City Council are faithfully observed. Sec. 2-4.08. Authority Over City Employees. It shall be the duty of the City Manager and he shall have the authority to control, order, and give directions to all heads of departments, subordinate officers, and employees of the City through their department heads. Sec. 2-4.09. Power of Appointment and Removal It shall be the duty of the City Manager to, and he shall, appoint, remove, promote, and demote any and all officers and employees of the City except elective officers and the City Attorney. Appointment, removal, promotion, and demotion of depart- ment heads, officers, and employees shall be recommended to the City Council for concurrence and confirmation. Sec. 2-4.10. Administrative Reorganization of Offices. 0 It shall be the duty and responsibility of the City Manager to conduct studies and recommend to the City Council for their concur- rence such administrative reorganization of offices, positions, or units under his direction, as may be indicated in the interest of efficient, effective, and economical conduct of the City' s business. Sec. 2-4. 11. Ordinance Recommendation. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. Sec. 2-4.12. Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his removal is under consideration for misconduct. Sec. 2-4.13. Financial Report. It shall be the duty of the City. Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. Sec. 2-4.14. Purchasing. It shall be the duty of the City Manager and he shall be re- sponsible for the purchase of all supplies for all the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager. Sec. 2-4.15. Investigations. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof and any contact or the proper performance of any obligations of the City; further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City. Sec. 2-4.16. Public Property Supervision. It shall be the duty of the City Manager and he shall exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the City Council. Sec. 2-4.17 . Delegated Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City Council. Sec. 2-4.18. Relations with Council. The City Council and its members shall deal with the admin- istrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly con- vened meeting of the City Council and no individual Council member shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination, or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change, or modify any such action, determination or omission except by the affirmative vote of at least three (3) members of the City Council. Sec. 2-4.19. Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board, or committee created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager attends, he shall be heard by such commissions, boards, or committees as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council. Sec. 2-4. 20. Removal; Method; Notice. The City Manager shall hold office for and during the pleasure of the City Council. The removal of the City Manager when he no longer serves at the pleasure of the City Council, shall be effected only by a majority vote of the whole Council as then con- stituted, convened in a regular Council meeting. The City Manager / �l� • 0 shall be furnished with a written notice stating the Council' s intention to remove him and the reason therefor at least thirty (30) days before the effective date of his removal. Sec. 2-4. 21. Willful Misconduct: Determination. In the event the intended removal of the City Manager is for willful misconduct in office, written notice to the City Manager, as provided by Section 2-4.20 shall state that the reason for removal is willful misconduct in office and shall state specific facts which constitute such willful misconduct. The procedure for hearing and for suspension pending hearing shall be followed, as stated in Sections 2-4. 23 through 2-4. 24. A determination of willful miscoduct in office shall be evidenced by specific findings of fact con- stituting such willful misconduct. The determination of what con- stitutes willful misconduct shall be within the sole discretion of the City Council, provided that it shall relate to the welfare of the City. Sec. 2-4. 22. Willful Misconduct: Defined. "Wilful misconduct" includes conduct directly related to conduct in office and directly related to the duties of the office. It in- cludes the refusal to follow the lawful directions of the City Council. It also includes conduct not directly related to the per- formance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the City. Evidence of such direct and harmful effect includes, but is not limited to, conviction of a felony. Sec. 2-4. 23. Removal: Hearing. Within seven (7) days after the delivery to the City Manager of such notice required in Section 2-4.20 , he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter , the City Counciul shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, at which the City Manager shall appear and be heard, with or without counsel. Sec. 2-4.24. Removal: Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his com- pensation shall continue until his removal by resolution of the Council passed subsequent to the hearing described in Section 2-4 .23 Sec. 2-4. 25. Removal: Council Discretion. In removing the City Manager, except as provided in Section 2-4. 21, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any par- ticular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal prior to its action. Sec. 2-4. 26. Agreements with Council Not Abridged. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any sup- plemental agreement with the City Manager delineating additional • terms and conditions of employment not inconsistent with any pro- visions of this chapter . Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Attascadero News, a newspaper of general circulation, printed, published, and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE D. NELSON, MAYOR ATTEST: ROBERT M. JONE , City Clerk APPROVED AS TO ORM: a t� ALLEN GRIMES, City Attorney APPROVED AS TO CON RALPH H. DOWELL, JR. , Acting City Manager • Wuncil Meeting - 11/26/84 Agenda Item No. - C-2 MEMORANDUM TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr. 'q Acting City Manager SUBJECT: PROPOSED ORDINANCE 90 - AMENDING TITLE 1 OF THE ATASCADERO MUNICIPAL CODE RELATING TO GENERAL PROVISIONS AND REPEALING SECTION 6 OF ORDINANCE NO. 72 AND DUTIES THEREOF Attached is Ordinance Number 90 for the scheduled second reading. • RHD:kv Attachment • ORDINANCE NO. 90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA DERO AMENDING TITLE 1 OF THE ATASCADERO MUNICIPAL CODE RELATING TO GENERAL PROVISIONS AND REPEALING SECTION 6 OF ORDINANCE NO. 72. The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 5 is added to Title l of the Atascadero Municipal Code relating to general provisions to read as follows: Chapter 5. General Provisions. Sec. 1-5 .01. Title: Reference to Code. This Code shall be known as the "Atascadero Municipal Code" . It shall be sufficient to refer to this Code as the Atascadero Municipal Code in any prosecution for the violation of any provision thereof. It shall also be sufficient to des- ignate any ordinance adding to, amending, or repealing this Code, or portions thereof, as an addition or amendment to, or a repeal of, the Atascadero Municipal Code, or a portion thereof. Sec. 1-5.02 . Validity of Code: Severability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code and each section, subsection, sen- tence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Sec. 1-5.03 . Maintenance of -Cod . Not less than three (3) copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least three (3) additional copies, duly certified by the City Clerk, shall be maintained on file in the City Clerk's office as the official copies of the Code. Additional copies of the Code shall be distributed to the departments and divisions of the City as shall be prescribed by the City Manager. Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this Code of the taking of such action, noting thereon the number and date of the ordi- nance pursuant to which such action is taken. -1- AG: fr/10/29/84 ORDINANCE NO. 90 Page 2 Duly certified copies of each ordinance making changes in the Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. At least quarterly the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, and dis- tributed in order that the loose leaf copies of the Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. Sec. 1-5.04. Administrative Code. The City Manager is hereby directed to establish and im- plement an Administrative Code. The Administrative Code shall contain, among other desirable provisions, administrative pol- icies and procedures for the implementation and administration of this Code. Section 2. Sections 1-3.01 and 1-3.02 of Chapter 3 of Title l of the Atascadero Municipal Code relating to penalty provisions are amended to read as follows: Sec. 1-3.01. Violations misdemeanors or infractions. (a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted or the provisions of any Code adopted by reference by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code, or any Code adopted by reference b this Code shall b Y � euilt of an g Y infraction, unless such violation or failure to comply is spe- cifically declared fared to be a misdemeanor by other provisions of this Code. (b) Any person convicted of an infraction under the pro- visions of this Code, or any Code adopted by reference by this Code, shall be punished by: (1) A fine not exceeding One Hundred and No/100ths Dollars ($100.00) for a first violation; (2) A fine not exceeding Two Hundred and No/100ths Dollars ($200.00) for a second violation of the same provision within one (1) year; and i �� t ORDINANCE NO. 90 Page 3 (3) A fine not exceeding Five Hundred and No/100ths Dollars ($500.00) for each additional violation of the same provision within one (1) year. (c) Any person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand and No/100ths Dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (d) Each such person shall be guilty of a separate of- fense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such per- son and shall be punishable accordingly. (e) In addition to the penalties provided by this sec- tion, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense. (f) In any civil action commenced by the City to abate a public nuisance, to enjoin a violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action reasonable attorneys ' fees and costs of suit. Sec. 1-3 .02 . Changes of misdemeanors to infractions. Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or im- prisonment, or both, shall become an infraction for all pur- poses under any of the following circumstances: (a) Where a judgment imposes a punishment of a fine not exceeding One Hundred and No/100ths Dollars ($100.00) in the case of a first offense; or (b) When the court grants probation to a defendant with- out the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or 1 ORDINANCE NO. 90 Page 4 (c) When the City Attorney files in a court having juris- diction over misdemeanor offenses, a complaint specifying that the offense is an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor, and the case shall proceed on the misdemeanor complaint. ,Section 3 . Section 6 of Ordinance No. 72 relating to adoption of the Atascadero Municipal Code is hereby repealed. Section 4. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 5 . This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at _a regular meeting of the City Council held on AYES: NOES: ABSENT ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk 'iw ORDINANCE NO. 90 Page 5 APPROVED AS TO CONTENT RALPH DOWEL , JR. , ActingCity Manager APPROVED AS TO ORM- ALLEN GRIMES, City Attorney obuncil Meeting - 11/26/84 Agenda Item No. C-3 M E M O R A N D U M TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr. Acting City Manager SUBJECT: PROPOSED ORDINANCE NO. 91 - ADDING CHAPTER 14 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA AND DUTIES THEREOF Attached is Ordinance Number 91 for the scheduled second reading. RHD:kv Attachment i ORDINANCE NO. 91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- DERO ADDING CHAPTER 14 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA. The Council of the City of Atascadero does ordain as follows: Section 1. Chapter 14 is hereby added to Title 6 of the Atasca- dero Municipal Code to read as follows: Chapter 14 . Drug Paraphernalia. Sec, 6-14 .01. Findings. The Council of the City of Atascadero has been aware of and is concerned over the existence of "head shops" and other establishments engaged in the sale of paraphernalia associated with drug use. The Council finds that such establishments serve to entice young people and others to abuse substances which are known to be harmful and unsafe for human consumption. The Council further finds that this situation creates a prob- lem of such proportions within the community as to require fur- ther legislation on this subject. For the foregoing reasons, among others, regulation in this area is deemed necessary and desirable in the interest of the public health, safety, and general welfare. Sec. 6-14.02. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Controlled substance" means marijuana, hashish, Phencyclidine (PCP) , and any controlled substances as defined in the Controlled Substances Act. (b) "Controlled Substances Act" means the California Uniform Controlled Substances Act, commencing with Section 11000 of the Health and Safety Code of the State of Cali- fornia. (c) The term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cul- tivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, ana- lyzing, packaging, repackaging, storing, containing, conceal- -1- AG: fr/10/18/84 2�' ORDINANCE NO. 91 Page 2 ing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act or any law of the State of Califor- nia. It includes, but is not limited to: (1) Kits used, intended" for use, or designed for use in planting, propagating, cultivating, grow- ing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled sub- stances; (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled sub- stance; (4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lac- tose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; 2 ORDINANCE NO. 91 Page 3 (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise intro- ducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hash- ish heads, or punctured metal bowls: (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks: (e) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette, that has become to small or too short to be held in the hand; (f) Miniature cocaine spoons, and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air-driven pipes; (k) Chillums; (1) Bangs; and (m) Ice pipes or chillers. In determining whether an object is drug parapher- nalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in con- trol of the object concerning its uses; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of the Controlled Sub- stances Act; n kE ORDINANCE NO. 91 Page 4 (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Controlled Substances Act; the innocence of an owner, or of anyone in con- trol of the object, as to a direct violation of the Controlled Substances Act shall not prevent a finding that the object is intended for use, or designed or use, as drug paraphernalia; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; (14) Expert testimony concerning its use. (d) Except as otherwise provided in this Chapter, or un- less the context otherwise requires, in interpreting or apply- ing the provisions of this Chapter, words which are used in this Chapter and which are defined in Chapter 1 of the Con- trolled Substances Act, shall have the meaning as ascribed to them by Chapter 1 of the Controlled Substances Act. ORDINANCE NO. 91 Page 5 Sec. 6-14 ,03 . Display of Drug Paraphernalia. (a) Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business. (b) Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof, or one who works at such business as an agent of the owner, to willfully display drug paraphernalia at such busi- ness. Sec- 6=24 ,04 . Distribution of Drug Paraphernalia. Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person drug parapher- nalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, culti- vate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of this State. Sec. 6-14.0 Exception. No provision of this Chapter shall be deemed, whether directly or indirectly, to authorize any act which is other- wise prohibited by any law of this State or to require any act which is otherwise prohibited by any law of this State. No provision of this Chapter is intended to or shall be inter- preted to, either directly or indirectly, prohibit any act or acts which are prohibited by any law of this State. Sec . 6-14 ,06 . violations/Infractions. Any person who violates any provision of this Chapter is guilty of an infraction, and upon conviction, is punishable by (1) a fine not exceeding One Hundred .Dollars ($100. 00) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200 . 00) for a second violation of this Article within one year; (3) a fine not exceeding Five Hundred Dollars ($500. 00) for each additional violation of this Chapter within one year. A person who violates the provisions of Sec. 6-14 . 03 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of Sec. 6-14 . 04 shall be guilty of a separate offense for each item of drug parapher- nalia which is distributed. C� ORDINANCE NO. 91 Page 6 Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3 . This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: GEORGIA RA IREZ, Acting City Clerk APPROVED AS TO FORM: 4 ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager • Wouncil Meeting - 11/26/84 Agenda Item No. C-4 • M E M O R A N D U M TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr.fl- 80 Acting City Manager SUBJECT: PROPOSED ORDINANCE NO. 92 - AUTHORIZATION FOR TEMPORARY STREET CLOSURE FOR SPECIAL EVENTS Attached is Ordinance Number 92 for the scheduled second reading. • RHD:kv Attachment I • ORDINANCE NO. 92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADDING ARTICLE 15 TO CHAPTER 2 OF TITLE 4 OF THE ATAS- CADERO MUNICIPAL CODE RELATING TO THE CLOSURE OF PUBLIC STREETS FOR TEMPORARY AND SPECIAL EVENTS. The Council of the City of Atascadero does ordain as follows: Section Article 15 is added to Chapter 2 of Title 4 of the Atascadero Municipal Code to read as follows: Article 15 . Temporary Closure of Public Streets for Special Events. Sec. 4-2.1501. Authority to temporarily close streets. Pursuant to Vehicle Code Section 21101, subsection (e) , the City Manager, or designate thereof, with the written con- currence of the Public Works Director, Fire Chief, and Police Chief, may temporarily close a portion of any street, except a state highway, for celebrations, parades, local special events, and other purposes when, in the opinion of the City Manager, or a designate thereof, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Section The City Clerk shall cause this ordinance to be pub- lished lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12 :01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: -1- AG:fr/10/18/84 �2 r ORDINANCE NO. 92 Page 2 ROLFE D. NELSON, Mayor ATTEST: GEORGIA RAMIREZ, Acting City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT RALPH H. �DOLL, JR. , Acting City Manager *Council Meeting - 11/26/84 Agenda Item No. - C-5 • MEMORANDUM TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr-' -� Acting City Manager SUBJECT: PROPOSED ORDINANCE NO. 93 - AMENDING TABLES 3 AND 4 OF THE ATASCADERO MUNICIPAL CODE BY REPEALING ORDINANCES 12, 17, AND 65 OF THE CITY OF ATASCADERO AND CHAPTERS 2.41 AND 16 .04 OF THE COUNTY CODE PROVISIONS. Attached is Ordinance Number 93 for the scheduled second reading. • RHD:kv Attachment • hl� ORDINANCE NO. 93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATAS- CADERO AMENDING TABLES 3 AND 4 OF THE ATASCADERO MUNICIPAL CODE BY REPEALING ORDINANCES 12, 17, AND 65 OF THE CITY OF ATASCADERO AND CHAPTERS 2.41 AND 16.04 OF THE COUNTY CODE PROVISIONS. The Council of the City of Atascadero does ordain as follows: Section 1. Table 3 of the Atascadero Municipal Code is amended by repealing the following designated Ordinances: Ordinance No. 12, Moratorium on permits for condominiums, adopted November 14, 1979. Ordinance No. 17, Extends moratorium imposed by Ordinance No. 12, adopted March 10, 1980. Ordinance No. 65, Moratorium on coin-operated game machine licenses, adopted April 25, 1983 . Section 2. Table 4 of the Atascadero Municipal Code is amended by repealing the following designated County Code provisions: Chapter 2.41, Subpoena--Enforcement; and Chapter 16.04, Burning Limitations. Section 3. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: AG:fr/10/8/84 ORDINANCE NO. 93 Page 2 ROLFE D. .NELSON, Mayor ATTEST: GEORGIA RAMIR , .Acting City Clerk APPROVED AS T ORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting tity Manager Council Meeting -_11/26/84 Agenda Item No. - C-6 • M E M O R A N D U M TO: City Council November 26, 1984 FROM: Ralph H. Dowell, Jr. Acting City Manager SUBJECT: PROPOSED ORDINANCE NO. 94 - PRE-ZONING - ANNEXATION AREA NUMBER 3 Attached is Ordinance Number 94 for the scheduled second reading. • RHD:kv Attachment • ,y�'l ORDINANCE NO. 94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP NO. 4 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO, BY PREZONING ANNEXATION AREA NO. 3 ("HOLIDAY INN")CONSISTING OF CERTAIN PROPERTY LOCATED ADJACENT TO HIGHWAY 101, THE SALINAS RIVER, NEAR SANTA CRUZ ROAD BEYOND THE NORTHERN CITY LIMITS TO RECREATION, RECREATION WITH A FLOOD HAZARD OVERLAY, AND COMMERCIAL TOURIST. WHEREAS, the Atascadero Planning Commission conducted public hearings on the subject matter and recommended approval of the pro- posed rezoning; and, WHEREAS, on June 11, 1984 , the City Council approved General Plan Amendments enabling this prezoning; and WHEREAS, the City Council conducted a public hearing and unani- mously approved the proposed prezoning on June 11, 1984; and WHEREAS, the City Council has certified and hereby reaffirms cer- tification of an Environmental Impact Report and accepted the addendum thereto; and WHEREAS, the proposed prezoning will amend the zoning map to be consistent with the Land Use Map of the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. After conducting a public hearing, the City Council finds and determines that: 1. The prezoning is consistent with the General Plan Land Use designations. 2. The proposed land use promotes commercial, residential and open space objectives of the City of Atascadero. 3. The proposed zoning designations are compatible with sur- rounding land uses. �3 �I Ordinance No. 94 4. No substantial changes have occurred with respect to the cir- cumstances under which the project is undertaken which will require revisions in the previously certified EIR due to in- volvement of new significant environmental impacts nor cov- ered in the previous EIR because of a reduction in the scope of the project. Section 2. Zoning Map Change. Zoning Map Amendment 1-84 is approved to change Zoning Map No. 4 as indicated in Exhibit "A" . Section 3. Publication The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in that City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12 :01 a.m. on the 31st day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO ENT: RALPH H. DOWELL, JR. Acting City Manager APPROVED AS 0 FORM: ALLEN GRIMES, City Attorney 2 z uj C-' Z CD uj CDv Q z _ � D = W CO O � CL / '� �� LL • -. �� is` �'- � / / q° Ar ,t_-1 L45cc � • 5�ss IN, CD - O i Perimeter Description That portion of Lot III of the subdivisions of a part of the Rancho Paso de Robles, in the County of San Luis Obispo, State of California, according to map filed for record October 22, 1886, and a part of the Rancho la Asuncion in said County of San Luis Obispo, State of California, and .being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, particularly described as follows: Beginning at "P.R. No. 1"; the Southeast corner of said Rancho Paso de Robles, in the bed of the Salinas River; thence North 58° 35' West, 872.3 feet along said State Rancho Line to a point opposite the mouth of the Paso Robles Creek.; thence Southwesterly and Westerly along the thread of said creek the following courses and distances: South 14° 56' 01".West, 356.19 feet; South 25° 58' 21" West, 211.87 feet; South 37° 37' 17" West, 215.61 feet; South 570 48' 53" West, 162.05 feet; South 64° 47' 47" West, 157.88 feet; South 79' 37' 16" West, 55.88 feet to a point on the Easterly line of United States Highway 101; thence Southeasterly and Southerly along said Easterly line the following courses and distances: South 43° 24' 50" East, 147.70 feet; South 50° 05' 40" East, 85.96 feet; South 43° 24 ' 50" East, 830.15 feet; South 56° 07' 50" East, 297.69 feet to four inch by four inch concrete monument at Engineer's Station 194+80 (229.99 feet right); South 360 29' 42" East, 250.44 feet to a four inch by four inch concrete monument at Engineer' s Station 192+60 (269.99 feet right); South 25° 34 ' 34" East, 79.55 feet; South 38° 02' 28" East, 426.38 feet; South 6' 43' 34" West, 230.33 feet to the intersection with the Northerly boundary line of the Atascadero Colony as said Northerly boundary is shown on map recorded in Book 3 of Maps (Atascadero Colony) , at Page 66; thence leaving said Easterly line of United States Highway 101, North 86* 17' 39" East, 1140.77 feet along said Northerly boundary line to a two inch by three inch wood stake scribed "A.G. 7"; thence South 62° 12' 43" East, 296.18 feet to "A.G. 8"; thence North 29° 04' 33" East, 273.96 feet to a 3/4 inch steel pipe with tag R.C.E. 14994, marking the Westerly line of the Southern Pacific Railroad; thence North 28' 22' 24" East, 1200.74 feet to "C.H. 8", a point in the bed of the Salinas River on the Southwest line of Lot 50 of Eureka Rancho as subdivided by the West Coast Land Company; thence North 65° 45' West, 2317.26 feet along said South- westerly lines of Lots 50 and 49 of said Eureka Rancho, to the POINT OF BEGINNING. Excepting therefrom that portion included within the right of way of the Southern Pacific Railroad Company. Parcel "1" That portion of the Rancho la Asuncion in the County of San Luis Obispo, State of California, being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W... Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, parti- cularly described as follows: Beginning at a four inch by four inch concrete monument at Engineer's Station 194+80 (229.99 feet right) , on the Northeasterly line of United States Highway 101; thence Southeasterly along said Northeasterly line the following courses and distances: South 36° 29' 42" East, 250.44 feet to a four inch by four inch concrete monument at Engineer's Station 192+60 (269.99 feet right); South 25° 34' 34" East, 79.55 feet; South 38° 02' 28" East, 426.38 feet to an angle in said Northeasterly line, at Engineer's Station 188+50 (425.00 feet right); thence leaving said Northeasterly line, North 51° 57' 32" East, 229.72 feet to a point to be called "A" hereafter; thence North 20° 46' 06" East, 516.00 feet to the intersection with the Southwesterly line of the Southern Pacific Railroad as described in Volume 30, Page 264 of Deeds, said point to be called "B" hereafter; thence North 69° 13' 54" West, 874.33 feet along said Southwesterly line to the intersection with the Southeasterly bank of Graves Creek; thence Southwesterly along said Southeasterly bank, South 26° 08' 24" West, 140.04 feet; thence South 25° 42' 08" West, 128.30 feet to the intersection with Northeasterly line of said United States Highway 101; thence South 56° 07' 50" East, 150.46 feet along said Northeasterly line to the POINT OF BEGINNING. Parcel That portion of the Rancho la Asuncion in the County of San Luis Obispo, State of California, being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, Parti- cularly described as follows: Beginning at Engineer's Station 188+50 (425.00 feet right) , an angle point on the Northeasterly line of United States Highway 101; thence Southerly South 6° 43' 34" West, 230.33 feet along said Northeasterly line to a point of intersection with the Northerly boundary line of the Atascadero Colony as said Northerly boundary is shown on map recorded in Book 3 of Maps (Atascadero Colony) , at Page 66; thence leaving said Northeasterly line, North 86° 17' 39" East, 1140.77 feet along said Northerly boundary to a two inch by three inch wood stake;scribed "A.G. 7"; thence South 62° 12' 43" East, 296.18 feet to "A.G. 8"; thence North 29° 04' 33" East, 273.96 feet to a 3/4 inch steel pipe with tag R.C.E. 14994, marking the South- westerly line of the Southern Pacific Railroad; thence Northwesterly, Northeasterly, and Northwesterly along said Southwesterly line to point "B" mentioned in above described Parcel "1"; thence leaving said South- westerly line, South 20° 46' 06" West, 516.00 feet to point "A" mentioned in above described Parcel"1"; thence South 51° 57' 32" West, 229.72 feet to the POINT OF BEGINNING. Parcel "3" 1 Asuncion in he Count o f San Luis Obispo, That portion of the Rancho a ci t y P , P State of California being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, particularly described as follows: Beginning at the intersection of the Northerly boundary line of the Atascadero Colony as said Northerly boundary is shown on map recorded in Book 3 of Maps (Atascadero Colony) , at Page 66, with the Northeasterly boundary line of the Southern Pacific Railroad; thence North 28° 22' 24" East, 54.50 feet along said Northeasterly boundary line; thence leaving said Northeasterly boundary line, North 62° 05' 33" West, 150.00 feet; thence North 31° 47' 39" West, 443.59 feet; thence North 15° 14' 29" West 100.00 feet; thence North 53° 26' 27" West, 1210.00 feet to the beginning of a curve concave to the Southwest and having a radius of 800.00 feet; thence Westerly along said curve through a central angle of 28° 30' 00", 397.93 feet; thence North 81° 56' 27" West, 125. feet, more or less, to the South- easterly bank of Graves Creek; thence Southeasterly along said Southeasterly bank the following courses and distances; South 10° 46' 52" East, 35.67 feet; thence South 3° 27' 41" East, 75.87 feet; thence South 30° 43' 50" West, 55.14 feet; thence South 15°- 13' 33" West, 144.68 feet; thence South 0° 15' 17" West, 132.59 feet; thence South 42° 00' 00" West, 146 feet, more or less, to the intersection with the Northeasterly boundary line of the Southern Pacific Railroad; ,thence Southeasterly along said North- easterly boundary line to the POINT OF BEGINNING. Parcel "4" I That portion of the Rancho la Asuncion in the County of San Luis Obispo, State of California, being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at page 276, particularly described as follows: Beginning at the Intersection of the Northerly boundary line of the Atascadero Colony as said Northerly boundary is shown on map recorded in Book 3 of Maps (Atascadero Colony) , at Page 66, with the Northeasterly boundary line of the Southern Pacific Railroad; thence North 28° 22' 24" East, 54.50 feet along said Northerly boundary line to the TRUE POINT OF BEGINNING; thence leaving said Northerly boundary line, North 62° 05' 33 West, 150.00 feet; thence North 31° 47' 39" West, 443.59 feet; thence North 150 14' 29" West, 100.00 feet; thence South 530 26' 27"East, 610 feet, more or less, to the intersection of said Northerly boundary line; thence South 280 22' 24" West, 205.00 feet along said Northerly boundary line to the TRUE POINT OF BEGINNING. t � pLige 5 i Parcel "5" That portion of Lot III of the subdivisions of a part of the Rancho Paso de Robles, in the County of San Luis Obispo, State of California, according to map filed for record October 22, 1886, and a part of the Rancho la Asuncion in said County of San Luis Obispo, State of California, and being a part of what is called the "Palmer or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, particularly described as follows: Beginning at the intersection of the Northerly boundary line of the Atas- cadero Colony as said Northerly boundary line is shown on map recorded in Book 3 of Maps (Atascadero Colony) , at Page 66, with the Northeasterly boundary line of the Southern Pacific Railroad; thence North 28° 22' 24" East, 259.50 feet along said Northerly boundary line, to the TRUE POINT OF BEGINNING; thence leaving said Northerly boundary line North 53° 26' 27" West, 1820.00 feet to the beginning of a curve concave to the South- west and having a radius of 800.00 feet ; thence Westerly along said curve through a central angle of 28° 30' 00", 397.93 feet; thence North 81° 56' 27" West, 230.00 feet; thence North 43° 03' 53" West, 500.00 feet; thence North 57 24' 14" West,215 feet, more or less, to the inter- section with the thread of the Paso Robles Creek; thence Northeasterly along said thread the following courses and distances: North 25' 58' 21" East, 60.00 feet; thence North 14° 56' 01" East, 356 feet, more or less, to the intersection with the Easterly line of Lot III of said Rancho Paso de Robles; thence South 58° 35' 00" East, 872.3 feet along said Easterly line to "P.R. No. l" (the Southeast corner of said Rancho Paso de Robles) ; thence South 65° 45' East, 2317.26 feet along the Southwest line of Lot 50 of Eureka Rancho as subdivided by the West Coast Land Company, to "C.H. 8"; thence South 28° 22' 24" West, 839 feet more or less, along said Northerly boundary line of Atascadero Colony to the TRUE POINT OF BEGINNING. 1�� Parcel "6" That portion of lot III of the subdivisions of a part of the Rancho Paso de Robles, in the County of San Luis Obispo, State of California, according to map filed for record October 22, 1886, and a part of the Rancho la Asuncion in said County of San Luis Obispo, State of California, and being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, particularly described as follows: Bounded on the Northwest by the thread of the Paso Robles Creek, bounded on the Southwest by the Northeasterly boundary of the Southern Pacific _ Railroad, bounded on the Southeast by the Southeasterly bank of Graves Creek, and bounded on the Northeast by the Southwesterly line of above described Parcel "51'. Parcel "7" That portion of lot III of the subdivisions of a part of the Rancho Paso de Robles, in the County of San Luis Obispo, State of California, according to map filed for record October 22, 1886, and a part of the Rancho la Asuncion in said County of San Luis Obispo, State of California, and being a part of what is called the "Palmer" or "Garcia" Tract, as described in the deed from Charles W. Palmer, et al. , to Vicente Rossi, recorded January 23, 1918 in Book 120 of Deeds, at Page 276, particularly described as follows: Bounded on the Northeast by the Southwesterly boundary of the Southern Pacific Railroad, bounded on the Southeast by the Southerly bank of Graves Creek, and bounded on the Southwest by the Northeasterly boundary of United States Highway 101. �t Wuncil Meeting - 11/26/84 Agenda Item No. - C-7 • M E M O R A N D U M TO: City Council November 26 , 1984 FROM: Ralph H. Dowell, Jr. Acting City Manager SUBJECT: DOWNTOWN PARKING STUDY Attached is a. memo from the Planning Director dated November 6, 1984 addressing the downtown area parking space striping. This memo was developed when I was attempting to ascertain the status of the Downtown Parking Study and answer Public Works' question as to the status of the parking striping contract. You will note that I have also attached the minutes of the April 23, 1984 Council meeting which addressed the parking problem and the May 14, 1984 memo from the Acting Planning Director stating his proposals and that he would provide a draft implementation plan to Council by June 4 , 1984. Such a document was never transmitted due to staff turnover and day-to-day development activities. In fact, the only person presently on board who is familiar with this study is Mr. Joel Moses, Associate Planner . The striping program of the existing area and condition should begin within the next two (2) weeks, starting in the outlying areasand working inward. The downtown area, per se, should start in the next 30 days once the overlay is completed. At the same time thatthecon- tractor is accomplishing the downtown striping, our Street Department will be painting parking space indicators. I again suggest to you that further action on the Parking Study should be held in abeyance pending the hiring of a Public Works Director inasmuch as traffic engineering is a primary factor in any study of this type. Further, that we proceed on the striping schedule, both street and parking, as outlined above so this may be accomplished before we get any further into the winter season. RHD:kv Attachments • \a� M E M O R A N D U M TO: Ralph H. Dowell, Jr. , Acting City Manager FROM: Henry Engen, Planning Director RE: Downtown Area Parking Space Striping DATE: November 6, 1984 BACKGROUND Following our October 29th department heads staff meeting, you reques- ted background information on the parking study implementation pro- gram. At issue is whether the Department of Public Works' ongoing maintenance program to re-do the parking space striping in the down- town should proceed given the possibility that there may be plans in the works that would change the arrangement of such spaces. PARKING STUDY HISTORY: In February, 1983, Planning staff presented a report entitled "Parking Study of the Downtown Area of Atascadero. " One of the alternatives to accommodate parking demand was as follows: "Restripe within the right-of-way to add additional parking spaces. At minimal cost a significant number of parking spaces can be added, some alternatives are illustrated in the accompanying diagrams. " (See attached sketches. ) This report was transmitted to both Planning Commission and City Coun- cil and on February 27th, 1984 the Council moved to send the parking study back to the Planning Commission for a recommendation. On April 23rd, 1984, the matter was again on the Council agenda at which time several citizens spoke about the parking problem. The City Manager discussed the possibility of establishing a parking district and he urged business people in the area to meet with Larry McPherson, Public Works Director , to see if some kind of solution could be reached re- garding parking. On May 14th, 1984 , the Acting Planning Director in- dicated, in a memorandum to the City Council, his intention to have a draft implementation plan before the Planning Commission for recommen- dation on June 4 , 1984. Such a document was never transmitted due to staff turnover and the press of day-to-day development activity. SPECIAL STUDY PRIORITIES LIST " This special study is listed as one of the 16 projects that have been routed to the City Council for discussion at a joint meeting of the Planning Commission. One objective of this meeting would be to estab- lish priorities for the Commission and staff on special studies. Re: Downtown Area0arking Space Striping RECOMMENDATION That the Public Works Department be directed to proceed with its* routine striping in view of the time it would take to both prepare and adopt plans, have hearings for changes in the parking arrangements, etc. Enclosure: Alternative parking layout sketches 2 r ' _.. __ ..._ 2 o \ � �C x ...... :::: �' tv ALLEN � m rn , l �\ I _ H H PALMA AVENUE I x 2f(o' ��0M3Alz1d I X Z k I '� t.�YM3Ai�Q I7� I � . C� I k >,dM-.aAl-da ' z imm }.�dM3M�Jd I >:. x LEW115 AVENUE c X r C� F-I W C �AMk3�tz- C OF _� �. \\\ HLM6Etz SiynsAll \� S �N r ell- m rn ,-\"Dn PATH -TO C(7-EEK x Jr' April 23 , 1984 ' 5. Claim of Thomas R. Vestal for personal property in the amount of $50 (RECOMMEND DENIAL) 6 .- Claim of Kathryn Lynn Burleigh for alledged false detention, arrest, and imprisonment in the amount of $75, 000 (RECOMMEND DENIAL) 7 . Application for leave to present late claim, Lew and Jo Anne Pritten (RECOMMEND DENIAL OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM) MOTION: By Councilman Wilkins, seconded by Councilman Molina to approve items A 1-7 of the Consent Calendar. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES, AND REPORTS 1. Presentation of the annual Franchise Fee Payment to the City from Falcon Cable TV Thomas Hatchell presented the city with a check for the 1983 franchise payment in the amount of $25,476.15 . 2. Grisanti - Request for discussion of downtown parking problems Mr. Grisanti did not appear because he was on vacation. Erwin Manning spoke regarding the parking problem in the downtown area. Donna Williams also spoke regarding this problem. Murray Warden, City Manager, discussed the possibility of establishing a Parking district. He urged the businesses in this area to meet with Larry McPherson, Public Works Director, to see if some kind of solution can be reached regarding the parking. 3. Public hearing on Zone Change 4-84 to prezone approximately 80 acres containing the wastewater treatment plant site to the P (Public) Zone at 8005 Gabarda - Initiated by Planning Commission. Harold Latel spoke regarding his concerns of well contamination in this area and the need to have the wells checked periodically for contamination. MOTION: By Councilman Wilkins, seconded by Councilman Stover to have staff prepare an amendment to the zoning ordinance to declare the wastewater treatment plant site to P (Public) . Passed unanimously. 4 . Consideration of Staff Report on General Plan Amendment applica- tions for Cycle 2 of 1984 Staff report. was given by Interim Planning Director, Wayne Loftus. OTION: By Councilman Wilkins, seconded by Councilman Nelson to accept the General Plan Amendment. Passed unanimously by roll call vote . -2- zs M E M O R A N D U M TO: CITY COUNCIL May 14, 1984 FROM: PLANNING DIRECTOR SUBJECT: Status Report Concerning Alternatives for Improvement of Parking in the Downtown Area. SITUATION On April 23 , 1984, the City Council requested a status report concerning the potential for resolution of the parking problems in the downtown area. This request followed Council referral to the Planning Commission for preparation of an implementation plan on February 27, 1984. Staff is currently working on an implementation plan concerning the identified parking problems and alternative solutions included in the Parking Study dated February 21, 1984. ® A draft implementation plan will be provided to the Planning Com- mission for discussion at their regular meeting of June 4, 1984. WAX,-Tf LOFTUS / Planning Director Ps Council Meeting - 11/26/84 Agenda Item No. - D-1 • M E M O R A N D U M TO: Acting City Manager e <'�'` FROM: Contract City Engineer SUBJECT: Grant Funds from the Petroleum Violation Escrow Account (PVEA) DATE: November 20, 1984 On November 16, 1984, we received information that indicates that we may be eligible for grant funds from the PVEA. The dead- line for application is, however, extremely tight, December 3, 1984. Therefore, I have enclosed a resolution for the City Council to act on which should enable you to file an application on behalf of • the City for supplemental funding on the proposed fuel facilities at the City's new corporation yard. The existing budget shows $130,000 for this facility with $50,000 already funded through other revenue sources. The proposed grant application would attempt to secure the remaining $80,000 from the PVEA. JOHN WALLACE JW:vh • RESOLUTION NO. 62-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO REQUESTING CONSIDERATION OF THE CALIFORNIA ENERGY COMMISSION OF THIS COMMISSION'S APPLICATION FOR PETROLEUM VIOLATION ESCROW ACCOUNT FUNDS WHEREAS, the Energy Commission in cooperation with other State Agencies is developing proposal for the Governor and the Legislature to distribute funds from the Petroleum Violation Escrow Account; and WHEREAS, if the estimated $140 million to $240 million in Petroleum Violation Escrow Funds were distributed; and WHEREAS, the Atascadero City capital projects includes Transportation System Management improvements such as centralized fuel storage facilities that would conserve energy, which are not now wholly financed; and WHEREAS, the City will derive substantial savings from these centralized fuel storage facilities, and WHEREAS, these proposed uses are consistant with the criteria established by the California Energy Commission; and NOW THEREFORE BE IT RESOLVED that the Atascadero City Council does make application for Petroleum Violation Escrow Account Funds to finance these improvements in the City's capital projects program, which are presently not wholly funded, directs the Acting City Manager to sign and file an application on behalf of the City, and urges the Energy Commission to allocate these funds on ratio at least equal to each City and County's population. On motion by Councilman and seconded by Councilman the foregoing Resolution is adopted by the following roll call vote: AYES: NOES: ABSENT: DATE: ATTEST: GRIGGER JONES, City Clerk ROLFE NELSON, Mayor Resolution No. 62-84 - (PVEA) Page two APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: JOHN WALLACE, Consulting City Engineer i County Station District Mtg - 11/26/84 Agenda Item No. - E-1 • M E M O R A N D U M TO: Acting City Manager FROM: Consulting City Engineer SUBJECT: Ordinance Amending Sewer Charge Rates DATE: November 20, 1984 As you know Barbara Lehmann appealed existing sewer charges for the Nardoni pissa restaurant in the city at the last Council meeting on November 13, 1984. At that time we indicated that we had been con- sidering a revision in the sewer rates for restaurants and a regrouping of these rates based upon seating capacity different from what the County • had determined in 1976. At the present time there are only two classi- fications lassi-fications and rates for restaurants: for restaurants with 40 seats or less the rate is $74.58 per month, and for restaurants with more than 40 seats the rate is $178.89. A new proposed rate structure is shown in the attached ordinance for your information and for consideration by the City Council. The proposed rate structure, we believe, is more fair than that currently in place, and even though it will not generate as much annual revenue as presently being generated, it will still be in accordance with the revenue program approved by the State for the grant that was used to finance the project in 1984. We will continue to review other classifications in the rate structure and bring these to the Council's attention for further action, if necessary, at a later time. JOHN WALLACE JW:vh 0 ATASCADERO COUNTY SANITATION DISTRICT COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA ORDINANCE NO. 95 AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE 54 REGARDING SEWER SERVICE CHARGES The Board of Directors of the Atascadero County Sanitation Dis- trict does ordain as follows: Section 1. That Section 10 of Ordinance 54, Sections 11.1 (h) and 11.1 (i) of the Atascadero County Sanitation District Ordinance Code, is amended to read as follows: Section 11.1 (h) (i) Restaurants/ 40 seats or less $ 74.58 (ii) Restaurants/ 41 - 60 seats 109.35 (i) (i) Restaurants/ 61-100 seats 144.12 (ii) Restaurants/ more than 100 seats 178.89 Section 2. The District Secretary shall cause this Ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in this District; shall certify the adoption and publi- cation of this Ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this District. Section 3. This Ordinance shall go into effect and be in full force and effect at 12:01 on the thirty-first (31st) day after passage. The foregoing ordinance was introduced, adopted and ordered pub- lished at a meeting of the District Board of Directors held on by the following vote: AYES: NOES: ABSENT: ROLFE NELSON, President Ordinance No. - Sewer Charges ATTEST: �LUPH H. DOWELL, Jr. , Acting Secr tart' APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: L 4ja,,— JOIVWALLACE, — OL Acting City Engineer v by