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HomeMy WebLinkAboutAgenda Packet 11/13/1984 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting November 13, 1984 at 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Roll Call Public Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar , are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If 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 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 .00 . (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) . 6. Tentative Tract Map 20-84 - Continued hearing on request submitted by Dennis Bethel and Associates (Steven Frank and Norman Frank, owners) to create 20 unit, airspace condo- miniums 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 El Camino Real, also known as Lot 6 of Block 18. Negative Declaration to the provisions of CEQA is to be certified. B. HEARINGS, APPEARANCES AND REPORTS 1. Report of Progress of Volunteer Projects (Mr. Elliot Stephenson) 2. Joint Session, - City Council/Planning Commission - Recommended areas of discussion from Planning Commission for joint meeting. 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) 2. Proposed Ordinance No. 89 —Municipal Code revision, Stopping, Standing, or Parking Restrictions. - (Second Reading) 3. Proposed Ordinance No. 86 - Municipal Code revision of Ordinance No. 4, establishing the office of City Manager and determinating the appointment responsibilities and duties thereof. (Continued from October 8, 1984) (First Reading) • 4. City Treasurer - Administration of the Oath of Office to the City Treasurer by the City Clerk. 5. Atascadero Lake Pavilion - Revised Joint Powers Agreement between the County of San Luis Obispo and the City of Atascadero for renovation of pavilion. 6. Proposed Ordinance No. 94 - Pre-Zoning - Annexation Area No. 3, "Holliday Inn" . (First Reading) (Cont'd from 6/11/84) D. NEW BUSINESS 1. Proposed Ordinance No. 91 - Prohibition of the distribution and display of drug paraphernalia. (First Reading) 2. Proposed Ordinance No. 92 - Authorization for Temporary Street Closure for Special Events. (First Reading) 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) • 4. Proposed Ordinance No. 90 - Amending Title 1 and Repealing Section 6 of Ordinance 72. (First Reading) 5. Proposed Resolution No. 60-84 - San Luis Obispo County Water Resources Advisory Committee Member to Represent the City of Atascadero. 6. Project Status, Review and Update (Verbal Report) 7, City Manager Position Vacancy - Review of Draft Recruitment Announcement E. ATASCADERO COUNTY SANITATION DISTRICT 1. Appeal of Restaurant Sanitation Rates Established by Ordinance No. 54 - Barbara Lehmann, Nardonne' s Pizzeria. 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 potential litigation; no announcement after the closed session is anticipated. • • Meeting Date: 11/13/84 MINUTES - ATASCADERO CITY COUNCIL Agenda Number: A-1 Regular Meeting tober 22, 1984 scadero Administration Building The reaular meeting was called to order at 7 : 30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Invocation was given by Trey Littlejohn of the Santa Margarita Community Church. ROLL CALL Present: Councilman Molina and Handshy, Councilwoman Norris and Mackey and Mayor Nelson. Absent: None STAFF Ralph Dowell, Acting City Manager; Allen Grimes, City Attorney; David Catherina, Recreation Coordinator; Bud McHale, Police Chief; Henry Engen, Planning Director; Georgia Ramirez, Deputy City Clerk and John Wallace, Contract Engineer. PUBLIC COMMENT None COUNCIL COMMENT i cilwoman Mackey said she received calls . regarding their sanitation charges -` on the tax bills. Ralph Dowell, Acting City Manager, said that we are averaging 15 calls per day regarding these charges. He said it is a combination of people not being aware that this really took place even though a letter was sent in March of 1984 to each customer. Also an audit was done and we found that some people were paying too much and some who were not paying enough under our exist- ing rate structure, so those rates were corrected based upon the audit We working with each individual as they call in and if for some reason we over charged there is no way we can take it off of the tax bill. What they are being told is to go ahead and pay their taxes, bring a proof of payment to us and we will write a check in return for that amount immediately. Mayor Nelson said he has received correspondence from the LDS Church inviting the City Council to attend thendbr rou g eaking ceremonies for thesoon to be constructed church building.. This will take place on Thursday, October 25, 1984 at 5 :30 p.m. at the building site at 2600 Ramona. Mayor Nelson, Councilwoman Mackey and Councilman Handshy plan to attend for sure, possibly Councilman Molina and Councilwoman Norris. CONSENT CALENDAR 1. Minutes of the regular meeting . of October 8 , 1984 (RECOMMEND APPROVAL) 2 . Treasurer ' s Report 9/1/84 to 9/30/84 (RECOMMEND APPROVAL) . 3 . Finance Director' s Report 9/1/84 to 9/30/84 (RECOMMEND APPROVAL) MINUTES - ATASCADERO CITY COUNCIL Regular Meeting �tober 22, 1984 ge 2 4 . Acceptance of Lot Line Adjustment at 13820 and 13840 Morro Road Davis/Twin Cities Engineering (RECOMMEND ACCEPTANCE) 5. Acceptance of Lot Line Adjustment at 4235/4255 Dolores Wise/ Russell (RECOMMEND APPROVAL) 6 . Acceptance of Lot Line Adjustment at 6055 Flores/9185 Santa Lucia - Foss/McNamara/Jeffres/Viera (RECOMMEND APPROVAL) 7. Acceptance of Final Map 5-84 at 2575 San Fernando Road Mallory/ Twin Cities Engineering (RECOMMEND APPROVAL) 8 . Acceptance of Bid No. 84-13 Irrigation Supplies, South Atascadero Park (RECOMMEND APPROVAL) 9. Acceptance of Bid No. 84-19, 1984 Street Overlay Project (RECOMMEND APPROVAL) 10. Resolution No. 54-84 approving application of Grant Funds for South Atascadero Park (RECOMMEND APPROVAL) Councilwoman Mackey asked that on page 5 of the minutes for October 8 , 1984 the name be changed from Terry York to Terry Orton. MOTION: By Councilman Molina, seconded by Councilwoman Norris to approve consent calendar as amended. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Atascadero Unified School District- Measure A Briefing Recommended Resolution No 57-84 is included for Council Consideration Dr. Avina introduced Trey Littlejohn who spoke briefly on Measure A and the need for more school facilities. A 12 minutes slide presen- tation was made. Dr. Avina asked the City Council to join in urging the citizens of Atascadero to support Measure A and to provide quality schools for our community. MOTION: By Councilman Molina, seconded by Councilman Handshy to adopt Resolution No. 57-84 . Passed unanimously by roll call vote. 2. Public Hearing to consider Zoning Change 6-84 : Proposed Zoning Text Amendment Relative to Individual Tenancy Signing within Shop- ping, Office or Industrial Complexes - Ordinance No. 88 (First reading' Staff presentation was made by Henry Engen, Planning Director There was no public comment. -2- MINUTES - ATASCADERO CI'IWOUNC Regular Meeting October 22, 1984 Atascadero Administration Building D OTION: e 3 By Councilwoman Mackey, seconded by Councilman Handshy to read by * title only. Mayor Nelson read Ordinance No. 88 by title only. MOTION: By Councilwoman Mackey, seconded byCouncilmanHandshy that this constitutes the first reading. Passed unanimously by roll call vote. 3. Public Hearing to consider Appeal of Elwood Garlick for Tentative Parcel Map Staff presentation was made by Henry Engen, Planning Director. There was no public comment. MOTION: By Councilwoman Mackey, seconded by Councilman Handshy for denial . of appeal and to go along with the Planning Commission and staff recommendations. Passed unanimously by roll call vote. 4 . Public Hearing to consider Appeal of Duane Froning concerning Approval of Tentative Parcel Map 16-84 Staff presentation was made by Henry Engen, Planning Director. He said staff has no problem in accepting a modified design submitted by Mr. Folbre following the appeal of the Planning Commission approval by Mr. Froning. We would agree that the intersection of Cristobal and Curbaril and other streets is a bad one, and two more lots not going out that way wouldn' t be an unfortunate situation. He feels that the council has two choices. One is to accept the Planning Commission' s recommendation which was a compromise having two lots accessing Cristobal and two onto Atascadero Avenue. The second would be to accept the design that has been submitted by the applicant after the appeal was received which has all four lots accessed off of Atascadero Avenue. Duane Froning said he would like to commend Mr. Folbre for changing his ingress and egress because of the safety factor from Cristobal. And if that is the way the City Council decides to go that he certainly approves of the approach from Atascadero Avenue . Councilman Molina asked City Attorney Allen Grimes what kind of Precedent would this set as far as prescriptive rights, the street, what kind of ramifications are we going to have down the way on this situaion. Allen Grimes, City Attorney, said all he understood about it is the Public Works Department conclusion that it could be accessed from either street, Atascadero or Cristobal. He said he doesn 't see that it sets any particular precent. However, since everybody seems to want Atascadero and the staff also feels that this is proper that would be the way to go. • -3- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 1984 ge 4 Mr. Froning said he would like to clear up a misunderstanding. The street has been dedicated. Cristobal has been dedicated but never accepted, and in order to be accepted it must be recorded and it never has been recorded and at this time is still a private street. Brack Lindscott, 8055 Cristobal, said he also commends Mr. Folbre for making that compromise in deciding to provide easement on his own land for his three additional lots . Councilman Molina said the only problem he had if the council wishes to accept Mr. Folbre' s gesture, that it be noted that the fact that they spent money on the street is not the reason access is being denied onto Cristobal. Councilwoman Mackey said that if you have driven up the street on . Cristobal it is a steep hill and you do not have good visibility when you come down that hill. And there isn 't much point in adding more traffic to that way. On Atascadero Avenue it isn' t that haz- ardous. Councilman Molina said that it is steep coming down to Atascadero Avenue which has poor visibility, more traveled street and a main artery in the community which would be more dangerous having them come down to Atascadero Ave. by those intersections where they are going to school than it is going down to the 4-way stop sign on Cristobal. He felt that it is safer going on Cristobal than it is going to Atascadero Avenue. Councilwoman Mackey said there is lots more visibility from both the north and south than you do at Cristobal. Councilman Handshy said it makes sense to split it up so that two parcels would go out Cristobal and two go out on Atascadero Ave. He said two more parcels would not add to the congestion or the safety of that street. Councilwoman Norris said she agreed with Councilwoman Mackey and Mr. Froning. She said she didn' t see a problem since Mr. Folbre has agreed to the change. Mayor Nelson said he could go either way. He said if the applicant had stuck to his guns he could probably have gotten the other access but since it has been compromised, he will go along with the, compromise situation. He said the difference between the two roads as far as safety, it is probably a toss up. MOTION: By Councilwoman Mackey to approve the appeal and accept the compro- mise as offered by Mr. Folbre. Seconded by Councilwoman Norris. Passed unanimously by roll call vote. -4- MINUTES ATASCADERO CITY COUNCIL Regular Meeting October 22, 1984 Page 5 5. Consideration of Staff Report on General Plan Amendment Applica- tions for Cycle 1 - 1985 Henry Engen, Planning Director, gave staff report. It was the consensus of the council to proceed with the Targg appli- cation with no additions C. UNFINISHED BUSINESS 1. Discussion of appointment of City Treasurer/City Clerk Ralph Dowell, Acting City Manager, said some one has to be appointed this evening to fill out the term of the past elected City Treasurer, Mr. Rizzuto, who resigned. Mr. Hunter filed an application and Bud McHale of the staff also offered to fill the vacancy. MOTION: By Councilman Handshy, seconded by Councilman Molina to appoint Ralph Dowell as City Treasurer. Passed by 3 : 2 with Councilwoman Norris and Mayor Nelson voting no. Councilman Handshy said that the City manager should be appointe as City Clerk. Councilwoman Norris said that people of Atascadero voted to have the City Clerk as an elected position. Also that the council had asked the public to apply for the position and they have done so. Mayor Nelson said he agreed with Councilwoman Norris. He said our whole system is based on checks and balances. Councilwoman Norris asked Mr. Robert "Grigger" Jones if he had any problem working with the present deputy city clerk, or if he had worked in a city with a city clerk. He responded that he had only worked with the County Clerk' s Office. MOTION: By Councilman Molina, seconded by Councilwoman Norris to appoint Grigger Jones as City Clerk until June 1986 . Passed by roll call vote 4 : 1 with Councilwoman Mackey voting no. 2. Results of Equestrian Agreement Ralph Dowell, Acting City Manager, briefed as to the result of the meeting with Mrs. Jamrog on October 15 , 1984 regarding the proposed agreement between the city and the Atascadero Horse Advisory Commit- tee. -5- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting jQ-tober 22, 1984 e 6 3 . Resolution No. 56-84 supporting Proposition 30 - Senior Center Bond Act MOTION: By Councilwoman Norris, seconded by Councilwoman Mackey for approval of Resolution No. 56-84 . Passed unanimously by roll call vote. 4. Disposition of Surplus Property - Ordinance No. 85 (Second Reading) MOTION: By councilman Molina, seconded by Councilwoman Norris to read by title only. Ordinance No. 85 was read by Mayor Nelson. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes the second reading. Passed unanimously by roll call vote. 5 . Proposed Ordinance No. 87 providing that no mandatory duty is imposed by the Municipal Code for the acts of the City, Council, Boards, Commissions, Officers, Agents, or Employees (second reading) MOTION: By Councilman Molina, seconded by Councilwoman Mackey to read by title only. Mayor Nelson read Ordinance No. 87 by title only. MOTION: By Councilman Molina, seconded by Councilwoman Mackey that this constitutes second reading. Passed unanimously by roll call vote. D. NEW BUSINESS 1. Proposed Resolution No. 55-84 establishing Ballfield Lighting Fees and Closing Hours MOTION: By Councilman Molina, seconded by Councilwoman Norris to adopt Resolution No. 55-84 and add the wording "unless extended by the umpire or senior game official" in item 2 . Passed unanimously by roll call vote. 2. Revision of Municipal Code relating to Stopping, Standing or Parking Restrictions - Ordinance No. 89 (first reading) MOTION: By Councilman Molina, seconded by Councilman Handshy to read Ordinance No. 89 by title only. Ordinance No. 89 was read by Mayor Nelson by title only. MOTION: By Councilwoman Mackey, seconded by Councilman Molina that this constitutes first reading. Passed unanimously by roll call vote. -6- MINUTES - ATASCADERO CITY COUNCIL Regular Meeting October 22, 1984 Page 7 3. Additional Funds for Codification MOTION: By Councilwoman Norris, seconded by Councilman Handshy to transfer $5, 475. 00 from contingency fund to pay for codification. Passed unanimously by roll call vote. 4. Agreement with Becker & Bell (Bill Avery) to conduct Job Classifica- tion and Salary Study MOTION: By Councilman Molina, seconded by Councilwoman Mackey to transfer funds of $1,000 and to approve agreement. Passed unanimously by roll call vote. INDIVIDUAL DETERMINATION AND/OR ACTION CITY COUNCIL Councilman Handshy is working on a proposed draft that he will recommend to the staff and City Council on Ordinance No. 4 by the next council meeting. Councilwoman Mackey said she hopes that everybody is opposed to Proposition 36 . Said she received a letter from the State Chamber of Commerce saying that they are opposed to it. Councilman Molina reported that there is a seminar that is being held on November 15 in San Francisco regarding city revitalization. He asked for funds to send Henry Engen and Gary Laron from the Chamber of Commerce. The registration fee is $140 for the one day seminar. MOTION: By Councilman Molina, seconded by Councilwoman Norris to approve funds from the council travel mileage fund for Mr. Larson' s expenses and, Henry Engen' s to come from the Planning Department account. Passed unanimously. Mayor Nelson said he received a letter from Susan Greenaway regarding drug paraphenalia. He also received a proposed ordinance from Allen Grimes, City Attorney. He would like this to be included on the next agenda. Mayor Nelson said there has been some discussion about a joint Planning Commi- ssion/City Council Meeting. He requested Henry Engen to submit possible agenda items. This will be discussed at the next council meeting'. Mayor Nelson asked that the announcement for City Manager be put on the next Council Meeting Agenda for discussion of requirements for this bulletin. Mayor Nelson also asked for an update of projects including the striping or parking situation downtown at the next council meeting. Acting City Manager, Ralph Dowell, said the project board will be done Friday of this week and suggested that each council person look at it to see the total picture of projects. -7- 0 MINUTES - ATASCADERO CITY COUNCIL MEETING gular Meeting tober 22, 1984 age 8 CITY ATTORNEY Allen Grimes said through the courtesy of Gary Larson of the Chamber of Commerce he was able to procure labels to mail a letter to about 500 members advertising the availability of the municipal code. CITY CLERK None CITY TREASURER None CITY MANAGER The next council meeting will be on Tuesday, November 13, 1984 . MEETING ADJOURNED AT 9: 25 P.M. Recorded by: Robert M. Jones, City Clerk • M ng Date : 11/13/84 Agenda Item: A-2 SPECIAL MEETING OF ATASCADERO CITY COUNCIL P.M. , October 26 , 1984 scadero Administration Building - Rotunda pose: To Discuss election procedures and write-in request received by the City Clerk ' s Office Page 1 Meeting was called to order at 4 : 00 p.m. by Mayor Nelson. Presnet: Councilwoman Norris, Councilman Molina and Mayor Nelson. Councilwoman Mackey arrived at 4 : 04 p.m. Councilman Handshy arrived at 4: 06 p.m. Mayor Nelson asked Acting City Manager, Ralph Dowell, to bring the council up to date on the events that have taken place since the last council meeting on October 22, 1984 . Ralph Dowell said that on Tuesday, Mr. Goodwin came to the Clerk ' s Office at approximately 1 p.m. and requested a statement of write-in candidacy for the position of City Clerk for the November 6, 1984 Special Municipal Election_ He was advised by the Acting City Clerk that papers were not being issued in- asmuch as the clerk had been appointed at the October 22nd Council meeting. On Wednesday the 24th at approximately 1 p.m. he again came to the Clerk ' s Office and attempted to turn in a set of home made write-in papers and he was .advised again by Mrs. Ramirez that she was unable to accept the papers. Also if he so wished he could contact the City Attorney. Mr. Goodwin waited until 0City Attorney made contact and advised Mrs. Ramirez that she should not ept the papers. From this action was generated a request of the City Attor- ey to conduct this special meeting, which has so been scheduled and noted. Mr. Dowell then referred it over to Allen Grimes, City Attorney. Mr. Grimes stated that the City Treasurer and City Clerk jobs in this City are elected positions for four year terms and they were elected in June of 1982 and would run until June of 1986 . The person elected to City Clerk, Barbara Norris, decided to run for City Council. When she was elected to the City Council, the City Clerk job, an elected job, was automatically vacated. The Treasurer decided that he didn't want to run for office and be treasurer at the same time so he resigned his position. . And at that time his office became vacated. For various times, following that, the council considered filling the vacancies in the positions of City Clerk and City Treasurer. At one time it almost appointed an Acting City Clerk and City Treasurer but didn' t, because at its next meeting it vacated its motion and continued the matter. The Council did appoint permanent people to fill the vacancies on Monday, October 22nd. No nominations were received by the closing date set by the County. Acting City Clerk, Georgia Ramirez, wrote a letter to the County Clerk on August 15 to the attention of George Tays, chief of the election office, that there were no nominations . The Acting City Clerk made a publi- cation in the Atascadero News on August 15 pursuant to the provisions of Section 22843 . 5 of the election code which sets for the procedure for the 0 pointment of elective officers when they are vacant. . Grimes stated that his position is that the Council in good faith followed these code sections in substantial compliance with the intention of the legis- lature to eliminate the necessity of an expensive election and perserve the, integrity of the appointed officer to the vacant position. Therefore, he advised the Acting City Clerk to reject any papers for write-in candidates. -1- SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 p.m. , October 26 , 1984 Atascadero Administration Building - Rotunda 0D rpose: To discuss election procedures and write-in request received by the City Clerk ' s Office age 2 Mr. Grigger Jones, City Clerk, stated the statement of facts are correct. He said he could only agree because that is the way he heard it and he heard it from both the Acting City Clerk, Georgia Ramirez and the Acting City Manager, Ralph Dowell. He said he had no reason not to believe or disagree with it in anyway. His position is that the appointment of himself as City Clerk was proper and he used the term proper in that it is his belief that it was . substantially in compliance with the election code and the government code. Mayor Nelson asked Georgia Ramirez if when she sent the letter to the County Clerk' s Office regarding no candidates filing, it it was discussed that this issue be taken off the ballot. She responded it was not discussed, only that no candidates had filed for the position. Councilman Handshy asked if Michael Goodwin had applied for the position before or after last Monday night' s meeting. Georgia Ramirez responded that the first time Mr. Goodwin came to the Clerk' s Office was at 1 p.m. on Tuesday, the day after the last council meeting. Councilwoman Norris asked if the City Council has the right and power to extend the deadline for the filing date. City Attorney Allen Grimes said that the city could not extend it. ahleen Daly said she is a resident and qualified elector of this city. She was a visible proponent calling for an elected City Clerk and elected City Treasurer in the 1980 election. She said she was disappointed that there were no qualified candidates prior to this "so called filing period" . She said the city short changed the people by closing 26 days early when the advertisement was posted in August. She said the Council acted in direct violation of the laws regarding the state election and by chosing the Finance Director was a total disregard of wishes of the people. She said her primary concern in this situation of elected City Clerk and City Treasurer is that you allow write-in candidate or candidates. She said the whole thing can be settled without too much difficulty without any kind of a problem if the City would say they made a mistake. Mr. Goodwin said he did not dispute anything that had been said, at least not substantially. He said the City Clerk did certify to the City Council the options when no one filed by August 15, but she did it before the 63rd day prior to the election, about three weeks early. Mayor Nelson asked Mr. Goodwin why he didn' t seek information from the City rather than the County. Mr. Goodwin responded that he works for the County at the Court House and the Law Library is more convenient to him there. Councilman Handshy asked Mr. Goodwin why he didn' t come forward earlier, since 46 council had been laboring with these positions for five months . Mr. Good- responded that he was in the process of moving and couldn't come to the meeting on October 22nd. -2- r SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 p.m. , October 26 , 1984 Atascadero Administration Building - Rotunda Purpose: To discuss election procedures and write-in request received by t City Clerk' s Office Page 3 Councilwoman Mackey asked Mr. Goodwin if he would have time to do the things you need to do as City Clerk. Mr. Goodwin responded that he wasn't sure ex- actly how much would be required of him since the position only. pays $20 a month, but that he could attend council meetings and perhaps take some time off from work. Councilwoman Norris asked Mr. Goodwin if he was really serious about being the City Clerk and the fact that it does take a great deal of time. Mr. Goodwin said it depended on what you mean by being really serious, because he was not acticipating it like a kid waiting for Christmas morning. Mr. Goodwin said he was not aware that some one had been appointed at the time he tried to take out papers on Tuesday, October 23rd at l p.m. Mr. Handshy at this point said as far as he was concerned there are no vacan- cies for City Clerk. Mr. Goodwin responded that the council did what they felt was right and that they had followed the advise of their counsel. Councilwoman Norris asked Mr. Goodwin if he was aware that the City Council was not the only recourse that he had. That he could file with the Super Court a writ of mandate and prove the error. 16 Mr. Goodwin said he wasn' t aware of that, but he didn' t call the meeting. He didn' t even request the meeting. He became aware of it through the news media and came for the meeting. Kathleen Daly said that whether or not the council liked Mr. Goodwin personally or his reasons for running, the fact was that there was still an open legiti- mate call for a write-in campaign at this point. Councilman Handshy said that the Council had labored with this problem for five months. He said that when the City Clerk and City Treasurer ran for City Council the positions were elected positions . They were advertised in the paper. Everybody had a chance to put their name in, and they did not do SO. The City Council appointed a city treasurer and acting city clerk until they finally decided last Monday to appoint Mr. Dowell and Mr. Jones. Councilwoman Mackey said she had to agree with Mr. Handshy in most of the things that he said. She had personally asked people if they wanted to run for City Clerk or City Treasurer. She thinks the council took proper action on Monday night. Councilwoman Norris said she had studied this issue with County Clerk, Mitch Cooney and Mr. Grimes and was still having problems with the 50th day, that being September 17 . If it were up to her, she would want Mr. Jones and Mr. Goodwin to be placed on the ballot. -3- i i SPECIAL MEETING OF ATASCADERO CITY COUNCIL 4 p.m. , October 26 , 1984 scadero Administration Building - Rotunda pose: To discuss election procedures and write-in request received by the City Clerk ' s Office. Page 4 Councilman Molina said he completely concurred with the City' s legal depart- ment. He said he thinks the council acted properly in appointing these two positions on Monday night. Mayor Nelson said that at least two study sessions these positions were dis- cussed. Also that at least three or four council meetings they discussed this subject. He said he believed the citizens were given ample time to come forth and that the Council waited until the final hour to make a decision. That the Council had complied wzth the law. He said he was willing to stick with the Council ' s decision made on Monday night. MOTION: By Councilman Molina, seconded by Councilman Handshy that the City Council uphold the appointment of Grigger Jones as City Clerk and the appointment of Ralph Dowell as City Treasurer and confirm the recommendation of the City Attorney. Councilwoman Norris asked to abstain from voting, but upon being advised by Mayor Nelson that abstention would constitute a "yes" vote under the rules, she voted "no" . Passed 4 : 1 by roll call vote with Councilwoman Norris voting no. Meeting adjourned at 5:13 p.m. RECORDED BY. y _ Robert M. Jones, City Clerk ting Date : 11/13/84 Agenda Item: A-3 • M E M O R A N D U M TO: City Council November 13 , 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: CLAIM REJECTION - MICHAEL WINEGART Mr. Winegart' s three-year-old daughter , Sara Cameron, drowned in Atascadero Lake on June 25 , 1984. His claim, for $1,000 ,000 .00 , alleges negligence on the part of the City. Our adjustor ' s investigation has disclosed no liability on behalf of the City, and recommends denial. I concur. RD:GK:kv I -► ,, ' 1 LAW OFFICES OF - CLARKSON & BOATMAN 1042 PACIFIC STREET, SUITE D _ SAN LUIS OBISPO, CALIFORNIA 93401 3 (805) 543-4897 `SQA 4 Attorneys for Claimants 5 6 7 8 10 In the Matter of the Claim of ) 11 MICHAEL WINEGART, ) CLAIM FOR PERSONAL 12 Claimants , ) INJURIES (Government Code 13 vs . ) §§910 and 915) 14 CITY OF ATASCADERO, ) ) 15 'Defendant. ) ) _. 16 17 - TO: The Governing Body of the City of Atascadero 18 YOU ARE HEREBY NOTIFIED that MICHAEL WINEGART, whose address -• 19 is 6660 Navajoa, Atascadero, . CA 93422 , claims damages from The 20 City of Atascadero in an amount computed as of the date of 21 presentation of this claim of C.,_e Million Dollars 22 ($1 , 000 , 000 . 00) . 23 This claim is based upon the death of claimant' s daughter 24 which occurred on or abcut June 25, 19E4 , in the vicinity of .25 i :-tascadero Lake, Atascadero, California, under the following 26 circumstances : On the afternoon of June 25, 1984 , claimant' s • 27 daughter, Sara Marie Ca.�Ieron, was playing in and about Atascadero 28 Lake on a raft, at which time she apparently fell from the raft w 1 and drowned. . The City of Atascadero, its agents and employees, JI 2 negligently, recklessly and carelessly failed to provide adeqwe , 3 professional lifeguard supervision for claimant' s daughter .. and 4 further negligently, recklessly and carelessly failed to 'commence S rescueprocedures in a competent and timely manner after being 6 made aware of the disappearance of claiman't' s daughter, resulting ' 7 in the death of claimant' s daughter, " 8 Claimant alleges that any or all of the acts or omissions by _: - ., ..,.-. .^-Y xa..ti :..� ,:,a-.:.. 5. .�: .. • -: �3.K..t.r^,' The City. of Atascadero, its '.agents and employees , as set "forth 10 herein, constituted a reasonably foreseeable risk of injury to g further hter that 11 claimant 'daughter and , y q ' the acts or omissions set s w12 forth herein ,didroximately cause the death of ;;claimant' s t� . 13 daughter ,_on June 25 1984 This claim is not' to -be construed as „I° f f 14 limiting or excluding any other' theories ' of 1iabi1ity, lega or = IS factual =>f , which may become known .. to the claimant upon ._disco ery 16 conducted during the course of investicration or litigation. 17 '+,The amount claimed 'as of .the date of presentation of --this <X 718 claim is One Million Dollars ($1 , 000 ,'000 00) } com uted pith 3 19 special damages of ambulance , funeral and burial . fees incurred, - _ 20 1n excess of the sump of 'T..c Th-ousa- Doll_ _-s $2 , 000 . 00) as of 21 tr.e date of this claim J22 'till notices or other communications pith regard to phis 23 cIa_-. should be sent to claimant at claimant' s attorney' s ad- :, ... 24 i d e s s Philip R Clarkson 1042 Pacific, Suite D, San Luis r. 25 r, California 9301 r 26 Dated : :- CLARKSON &t BOATMAN -27 28 r ILIF =: CLAr :SC: tiLtorne}'. for Clair,antsS ^. r•V .y._ -..i: ,. ';r °'s7 t f".a:'�yl; r 'a d.�:..:v s"''T' ' S _ .a 1;.. -`�.e -r �:,x <- _t,,, eting Date: 11/13/84 Agenda Item: A-4 • M E M O R A N D U M TO: City Council November 13, 1984 FROM: Ralph Dowell OeF---, Acting City Manager SUBJECT: CLAIM REJECTION - PAUL RAYMOND Mr. Raymond fell on a wet sidewalk in front of the Atascadero Federal Credit Union. He was out walking at 2:00 a.m. on September 3 , 1984 , and alleges that poor lighting made it difficult for him to see water which had been accumulated on the sidewalk. Our adjustor, after investigation, indicates there is no evidence of liability on the City' s part, and recommends denial. I concur. RD:GK:kv y, IMCOR OYATED JUIY I. 9 T1 VERIFIED CLAIM 1 Claim against the City of Atascadero, California, pursuant to the Government Code of the ' .� State of California. TO: City Clerk City of Atascadero Paul E. Raymond , P .O. Box 2646, Paso Robles, CA 93446 1. Name of Claimant Address/City/State/Zip Telephone No. 2. Idesire notices to be sent to the following address: Woelfle & Stevens , 1105 Vine Street, Paso Robles, CA 93446 3. The date, place and other circumstances of the occurrence or transaction that give rise to this claim are as follows: 9/2/84, 8900 Pueblo at El Caminor AtaScadero, CA 93422 "z Date Time Location - Describe circumstances: Claimant taking early morning stroll in front of premises above described. Water had been allowed to accumulate upon the sidewalk and was not visible to claimant in darkness due to defective li ing Claimant slipped and fell . 4. Generally describe the injury, damage or loss incurred so far as it is known at this time:— As known at this time, pulling of ligaments, necessitating casting of the right wrist - • 5. The name(s) of the public employee(s) causing -the injury, damage or loss as now known is/are: Unknown .6. The amount claimed as of the date of presentation of this claim is $ which includes $ as the estimated amount of any prospective injury, damage or loss. Doctor bills 'not received as .yet. 7. The basis of computation of the claim is as follows: General damages according to proof -Pain & suffering, subject to medical evidence. VERIFICATION State of California ss County of San Luis Obispo) I, the undersigned, say: I am the claimant (or the person presenting this claim on behalf the claimant) in the above entitled action; ,I have read the foregoing claim and now the cor tents thereof; and that the same is true of my own knowledge, except as to the matters whit are therein stated upon my information or belief, and as to those matters that I believe tc be true. I certify (or declare) under penalty of perjury,-ghat the for go}in is true and correct. Executed ona / Date Ci y nd State Ignature f Claimant or his author i e-d representative �. . ting Date: 11/13/84 Agenda Item: A-5 M E M O R A N D U M TO: CITY COUNCIL November 13, 1984 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Tentative Parcel Map 8-84 LOCATION: 1650 Traffic Way (Lot 3, Block 49) APPLICANT: Patrick Meissner (Wright/Tartaglia) On June 19, 1984, the City Council approved Tentative Parcel Map 8-84 subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission. The site is presently zoned RS (Residential Suburban) and the General Plan land use map designation is Suburban Single Family Residential . Staff review has determined that all conditions of approval have been met. On November 5, 1984, the Planning Commission reviewed the matter on its Consent Calendar and recommends approval of the final map. HENRY ENGEN RALPH H. DOWELL, JR. Planning Director Acting City Manager ps • ODW�Q� ��II JQv�O pL �JoQ ,y h �, Q �' �u pyR, C—Iv� F o l i¢ W m �,V Cry Q.O ol Ql 11)QQ oCP J r3 P h2°0. 2 pti mV �2W,. -z zce. r<Z y y0 OW O rj yy Vo 92 Op - `1 mW N WeO. Q � \_ate, `��'�O�1�J �V •�IIO �, nm uN 'Wok m 1 to W. aOR :tiW.o �`II ��.O N N� a• v2W �i w2m o s h02� o'lreev A °n \ F s �9 - ti1W4h - Y 41 IL t� .` _. ,..• -_� hn � �� \gat V ee pW 4hNV ti hV i OWWm 5 $ Q°•O .7 etiW 'Olavoii �WNi � y260°� Z5u � W y 4 n60`5 2 i rr.ov%h '3 c,.soeos W9E 9hF (d- t A'2A Ct �P_\(1 cv Pyr i'. 652p phi h -��' ;• W10i1�` m�o `�4�0� 1. 1.J�� NN 0 hV �WhF W W AO `c- Z2o 00� WQ �W� �l�n 2m� 8 �av �� >1 v 9 gyp5y5y Q n�213m N �a2 o A Fp Fhh . hv�.� ��,� O •�+ 0 9220 Jhy W'4j 0� W I Q 2'W.�W W Q Oti j o \h v°e him 2 o�ao;� .'� OVW mrn Frm^ ng 2 O °W�hWW WVW h �N IQ h F �.n poi 4i kk ^ O w • ting Date: 11/13/84 Agenda Item: A-6 M E M O R A N D U M • TO: CITY COUNCIL November 13, 1984 FROM: PLANNING DEPARTMENT SUBJECT: TENTATIVE TRACT MAP 20-84 APPLICANT: Dennis Bethel and Associates LOCATION: 5600 West Mall (Lots A,B,C,D, Tract 79-110) REQUEST: To create 20 airspace condominium units in the RMF-10 Zone On November 5, 1984 the Planning Commission conducted a public hearing on the above-referenced subject and unanimously (with Commissioners Carroll and Wentzel absent) certified a Negative Declaration as con- sistent with the provisions of CEQA and approved the application sub- ject to the findings and conditions contained in the attached staff report with the following modifications: - Condition #1 - eliminate the wording, . . . . "in the following amounts and the listed amounts of the sewer fees. • - Condition #2 - add the word "collection" after "Onsite sewer. . . . . " - Condition #5 - add the phrase, "and relocation of any functioning sewer lines to the satisfaction of the Department of Public Works. " Dennis Bethel, applicant, spoke in support of the project and ex- plained the project' s intent. He asked for some clarification regard- ing the sewer fees; commented on the existing sewer and water lines on the property; and also noted that a traffic study was performed to evaluate the circulation and access situation of the proposed development. Bud Downs, representing the Masonic Temple, spoke about the water and sewer lines on the property and hoped the proposed project would not interfere with the respective lines that serve the Masonic building. Mr. Downs also expressed some concern with the traffic circulation and how it might be affected with the proposed development. David Cowan, area resident, read a prepared statement concerning the preservation of the rural atmosphere of Atascadero. There was some discussion among the Commission concerning location of the various sewer and water easements on the property and how these would be affected by the development. Dennis Bethel agreed to add language to the conditions that any functioning sewer line that might • be discovered would be relocated. No one else appeared on the matter . HENRY ENGE RALPH H DOWELL, JR. Planning Director Acting City Manager Enclosure: November 5, 1984 Staff Report cc: Dennis Bethel Norman and Steven Frank 2 MEETING AGENDA DATE ITEM STAFF REPORT City of Atascadero - Planning Commission Date: October 15, 1984 Item: B-2 Notice of public hearing was Public Hearing Case: TTM 20-84 published in the Atascadero News Public hearing to create a sub- on October 5, 1984 and all owners division of 22 lots, including of record property located within single family residential, open 300 feet were notified by United space, and condominiums in the States mail on that same date. RMF/10 Zone. A. LOCATION: 5600 West Mall (Lots A,B,C,D of Tract AT 79-110) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .To create a subdivision of nine residential lots, two open space lots, and 11 air-space condomin- iums on approximately 2. 5 acres of land in the RMF/10 Zone. 2. Owner . . . . . . . . . . . . . . . . . . . . . . . .Steven and Norman Frank 3. Applicant. . . . . . . . . . . . . . . . . . .Dennis Bethel and Associates 4. Streets. . . . . . . . . . . . . . . . . . . .West Mall is a State Highway at this point. 5. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF/10 (Residential Multiple Family, 10 dwelling units per acre) 6. Existing Use. . . . . . . . . . . . . . . . .Vacant 7. Adjacent Zoning and Use. . . . . .North: P, vacant East: L (FH) , Creek South: P, Masonic Temple West: P, vacant 8. General Plan Designation. . . . .Low Density Multiple Family 9. Terrain. . . . . . . . . . . . . . . . . . . . . .Generally level, with Atascadero Creek directly to the east 10. Environmental Status. . . . . . . . .Negative Declaration Tentative Tract Map 20-84 (Bethel & Associates/Frank) C. SITE AND DEVELOPMENT DATA: 1. Site Area. . . . . . . . . . . . . . . . . . . . 2. 5 acres 2. Required Minimum Lot Size. . . . 0. 5 acres 3. Number of Dwellings Proposed. 20 4. Density. . . . . . . . . . . . . . . . . . . . . .Permitted - 10 dwelling units per acre Proposed - 8 dwelling units per acre 5. Shape. . . . . . . . . . . . . . . . . . . . . . ..The existing four lots are roughly square-shaped. As one lot, the parcel has a front footage of 306 feet with an average depth of 330 feet. D. ANALYSIS: The applicant is proposing a two-phase project comprised of nine single family residences, eleven air-space condominiums, and two open space lots. The minimum lot size in the RMF/10 Zone is one half acre, however, the proposed nine single family residential lots are well under this. In order to comply with the Zoning Ordinance, the applicant would need to apply for a Planned Devel- opment overlay in this area. The other option is to convert all the proposed units to condominiums, which allows for smaller than half acre lot sizes when developed as a planned residential devel- opment (condominiums) provided that the overall density within the project conforms with Section 9-3.175 (density) . Staff has re- ceived a letter from the applicant stating that he is indeed choosing to convert all proposed units to condominiums, which, in effect, creates a one lot tract with individual ownership of the 20 dwelling units and common ownership of the open space areas. Staff also notes that this project, taken as a whole, requires a Precise Plan approval. E. RECOMMENDATION Staff recommends approval of Tentative Tract Map 20-84 based on the findings that follow and the conditions of approval contained in Exhibit "A" . F. FINDINGS 1. The application, as submitted, conforms to applicable zoning and subdivision regulations and is consistent with the Gen- eral Plan. 2 . 0 0 Tentative Tract Map 20-84 (Bethel & Associates/Frank) 2. The application, as presented, will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessary. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Site Plan Exhibit C - Location Map Exhibit D - Letter from Dennis Bethel DGD:ps 3 % Tentative Tract Map 20-84 (Bethel & Associates/Frank) EXHIBIT A - Tentative Tract Map 20-84 Conditions of Approval October 15, 1984 1. Sewer extension fees in the following amounts shall be paid to the Atascadero County Sanitation District prior to recording the final map. 9 sfr @ $850.00 each 11 condos @ $725.00 $15,625.00 2. Onsite sewer system shall be a private system. It shall not be maintained by the City. 3. When the sewer system is installed, it shall include a sewer clean out, just off of the ublic right-of-way. 4. Encroachment permits shall be obtained from Cal Trans. West Mall is a State Highway at this point. 5. Provide documentation that the ten foot sewer easement (2 PM 43) has been abandoned. 6. Existing 18" storm drain shall be abandoned and realigned as in- dicated. The five foot storm drain easement shall be offered for dedication on the final map. 7. Access to the 18" sewer main on the property shall be maintained. No permanent structures shall be built over the easement. If an easement does not exist, it shall be offered on the final tract map. 8. Obtain permission from the Atascadero County Sanitation District prior to installing the 18" storm drain where it crosses the 18 sewer main. 9. Plot the 10 foot wide County right-of-way in Book 433 O.R. pg 106. 10. Onsite fire hydrants are required and shall be installed prior to combustible construction on the project. 11. Water shall be obtained from the Atascadero Mutual Water Company. A letter shall be submitted from the Water Company indicating they are willing and able to serve the project, and water lines shall exist at the parcel frontage prior to the filing of the final map. 12. All pipelines and other easements of record shall be shown on the final map. A letter shall be submitted from each utility company indicating the nature and extent of any building restrictions. A note stating any such restrictions shall appear on the final map. 4 Tentative Tract Map 20-84 (Bethel & Associates/Frank) 13. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Planning Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 14. All conditions of approval herein specified are to be complied with prior to filing of the final map. 15. A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall 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. 16. 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"4.'S38 -w _1•�S`+ ey'�s. •Ea_",!-3 � - • l rV] j'\t< Ski is "r� s9)j . '1'YGD J o„Q J3 • �14� j* y sfj�S y�yrior s ,y` ` ws SYBs�•.-.."'_�".rp�'lll,ryo 5507- a _ n RMF/15 6 rIX xray Ski 1 wP _ o l A Ir '� 4IX' o -...:. r NZ �• EX [T13 1 f' F t + A •c�e:f6 1 f j LOCA ti o N AAA .mac ' f �,; `,` - < _. __ r� - - �►,� M 2-0 r ' . r ti. ' •fit, ;+ � OR��'+,t:� r� •� � -P^';,y �; s.uac i� ..�.��. t t f DENNIS BETHEL & ASSOCIATES, INC. ` CIVIL ENGINEERS 313 B East Plaza Drive,Suite 9 • Santa Maria,California 93454 • (805) 928-7666 October 10, 1984 DB-40206 City of Atascadero Planning Department Administration Building Atascadero, CA 93423 ATTN: Mr. Joel Moses y SUBJECT: Creekside Village,` Tract 1230 Dear Mr. Moses, This will confirm our verbal agreement to modify the subject project to provide for airspace condominiums for all proposed units. If w ca be of further ssistance 'n the processing of this project, please let s kn w. Since ely en ethel, P. . DB:ld Atascadero unified School District "Where students and their education are paramount" M6800 LEWIS AVENUE ANTHONY AVINA, Ed.D. ATASCADERO, CA 93422 District Superintendent PHONE: (805) 466-0393 October 10, 1984 Mr. Henry Engen, Planning Director City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Mr. Engen: I am in receipt of your "Notice of Public Hearing" concerning Tentative Tract Map 20-84 to create a 22 lot subdivision in- cluding single family residences. At this time all of the elementary schools within the boundaries of the City of Atas- cadero are at capacity. The only elementary school within the Atascadero Unified School District which has space avail- able for student growth is the Santa Margarita Elementary School. There is presently no method whereby the School District can finance new schools or school buildings. Unless the District can find a method whereby it can mitigate the present space problem, it will be necessary to bus students from future developments to Santa Margarita Elementary School . The Atascadero Unified School District would encourage developers and prospective developers to work closely with the District to try and mitigate the impact of their develop- ments. Sin Ernest W. Taylor, Business Manager EWT: rr Carrisa Plains Elementary Creston Elementary • Lewis Avenue Elementary • Monterey Road Elementary Santa Margarita Elementary • Santa Rosa Road Elementary • Atascadero Junior High School Atascadero Senior High School • Atascadero Adult School • Oak Hills Continuation High School Meeting Date : 11/13/84 • Benda Item: A-7 • M E M O R A N D U M TO: CITY COUNCIL November 13 , 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE TRACT MAP 25-84 LOCATION: 3500 El Camino Real (Lot 6, Block 18) APPLICANT: Colony Park Association REQUEST: To create a 29 unit commercial condominium tract in the CR Zone. On November 5, 1984 , the Planning Commission conducted a public hear- ing on the subject request unanimously (with Commissioners Carroll and Wentzel absent) certifying a Negative Declaration as consistent with the provisions of CEQA and approving the application subject to the findings and conditions listed in the attached staff report with modi- fication to Condition #1-b to read as follows: "lb. These CC&Rs shall be administered by a condominium owners association or corporation. Gaylen Little, representing, the applicant, indicated his concurrence with the recommendation. No one else appeared on the matter. HENRY ENG RALPH H. DOWELL, JR. Planning Director Acting City Manager Enclosure: November 5, 1984 Staff Report cc: John Kennaly Gaylen Little • /ps STAFF REPORT Planning Commission - City of Atascadero Date: November 5, 1984 Item: (Tentative Tract Map 25-84) Notice of public hearing was Public Hearing Case: TTM 25-84 published in the Atascadero News Public hearing to create a 29 on Friday, October 26 , 1984 and unit commercial condominium tract all owners of record property lo- in the CR (Commercial Retail) cated within 300 feet were noti- Zone. fied by United States mail on that same date. A. LOCATION: 3500 E1 Camino Real (Lot 6, Block 18) B. SITUATION AND FACTS: 1. Request. . . . . . . . . . . . . . . . . . . . . .To create a 29 unit commercial condominium tract map in the CR Zone. 2. Owner. . . . . . . . . . . . . . . . . . . . . . .Colony Park Association 3 . Engineer. . . . . . . . . . . . . . . .. . . . .John Kennaly 4 . Site Area. . . . . . . . . . . . . . . . . . . . 2.4 acres 5. Streets. . . . . . . . . . . . . . . . . . . . . .El Camino Real is a major arter- ial with a 100 foot right-of-way 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .CR (Commercial Retail) 7 . Existing Use. . . . . . . . . . . . . . . . .Vacant 8. Adjacent Zoning and Use. . . . . .North: CR, mortuary East: RS, vacant South: CR, vacant West: Highway 101 9 . General Plan Designation. . . . .Retail Commercial 10. Terrain. . . . . . . . . . . . .Level to gently rolling with few trees. 11. Environmental Status. . . . . . . . .Negative Declaration • Rev. 11/5/84 Tentative Tract Map 25-84 (Colony Park Association) C. ANALYSIS This project was reviewed by staff and subsequently received Con- ditional Use Permit approval for a 44,000 square foot retail com- mercial complex including an " indoor recreation" service use. The proposed project is comprised of five (5) separate buildings. The applicant has submitted for building permits, which are now in the review process. The applicant now desires to change the project to a 29 unit con- dominium tract, which will allow individual ownership of a commer- cial unit and common ownership of the parking and open space areas. Since this project has already been reviewed and approved under Conditional Use Permit 2-83, this change of ownership ap- pears to be of little consequence. D. RECOMMENDATION Staff recommends approval of Tentative Tract Map 25-84 based on the findings and conditions contained in Exhibit "A" . "A" . DGD:ps ATTACHMENTS: Exhibit A - Findings and Conditions of Approval Exhibit B - Tract Map Exhibit C - Location Map 2 • Tentative Tract Map 25-84 (Colony Park Association) EXHIBIT "A" - Conditions of Approval Tentative Tract Map 25-84 - Colony Park Association/Kennaly Engin. November 5, 1984 FINDINGS: 1. The application, as submitted, conforms to all applicable zoning and subdivision regulations and is consistent with the General Plan. 2. The application, as submitted, is exempt from the provisions of the California Environmental Quality Act. CONDITIONS OF APPROVAL: 1. The applicant shall establish Covenants, Conditions, and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted for review and approval by the City Attorney and Planning Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2. All conditions of approval herein specified are to be complied with prior to the filing of the final map. 3. A final map, in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and 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 shall 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. 4. 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R- J. '`�'.• F r-�4 + `ill' �,R J y.♦ ., LA a 1 w� ))t• t• t n.yr I ,.s 11 j , ~ ..x-•n n/i a..,., ,fir^ y �. )X;.�•l,' `S 7. .:?t.C+' y"x' s,t'rl j:'ti'•1'��-i.r_ eting Date : 11/13/84 Agenda Item: B-1 M E M O R A N D U M TO: City Council nw� November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: REPORT BY ELLIOTT STEPHENSON ADDRESSING PROGRESS OF VOLUNTEER PROJECTS Attached, is a letter from Mr . Stephenson addressing the completion of the volunteer road project, which has improved the conditions and line-of-sight factor on Lakeview Drive. In addition, I have attached copies of Mr. Stephenson' s letters addressing a proposed additional volunteer project and sidewalk construction on El Camino Real. Mr. Stephenson will address all of these projects by personal appearance before the Council. • RD:kv Attachment ELLIOTT O. STEPHENSON November 6 , 1984 City Council City of Atascadero Dear Council Members : It has been a pleasure to be of service to the citizens of Atascadero during the past several months in the development of the road right-of-way and lakeshore pathway improvement. The unanimous and wholehearted endorsement of the effort on the part of the Council has been appreciated by all concerned. The work, of course, would not have been possible without the hard work of a dedicated group of volunteers. I've attached a list of the names and addresses of those individuals who spent all or a portion of the five Saturdays that it took • to complete the project. I'm confident that you will wish to send each of them a letter of thanks for their efforts. There are two individuals to whom I recommend and urge that you give special recognition, in the form of a formal Certificate of Appreciation, and presented at one of the Council Meetings. One is Joseph F. Souza, who in addition to providing the heavy earth moving equipment needed to accomplish the job, spent several days personally operating some of the equip- ment. Mr. Souza has also shared with me some of the direct financial costs involved. The other individual is Greg Smith of Morro Bay, who has also made contributions to -the improvement of Lake View Drive far beyond the call of duty. Greg and his wife Diane are presently building their new home on San Rafael in Atascadero. Greg provided his own backhoe and moved much rock and earth during the work. Very truly yours Elliott 0. Stephenson • LIST OF THOSE INDIVIDUALS RESPONSI FOR THE COMPLETION OF THE ATASCADERO PARK SHORELINE IMPROVEMENTS PROJECT NAME _- -- ADDRESS -- --- _ - Kevin L. Axsom - 40 - _ 0 Avalon, Morro Bay, 93442 Ted Brinfield 4600 Obispo Road, Atascadero, 93422 Doug Cook --- - ---- P.O. Box 387, Atascadero, 93423 Ron Duncan P.O. Box 198, Atascadero, 93423 ----Ken Hackett .`, --- ----- 10025 El Camino Real , #72, Atascadero, 93422 Erin Hagen 1429 Phillip's Lane, San Luis Obispo, 93401 Clark Herman 8170 Santa Rosa Road, Atascadero, 93422 Gary Holmes 4205 W. 226th .Street, Torrance, CA 90505 Olan K4igel 7955 Santa Rosa Road, Atascadero, 93422 Roy Kihara 10025 El Camino Real , #80, Atascadero, 93422 Vincent Lavorgna P.O. Box 970, Atascadero, 93423 Tex Little 9530 Marchant Way, Atascadero, 93422 Paul Marasse 9425 Lakeview Drive, Atascadero, 93422 Mike Petree 5430 Robles Avenue, Atascadero, 93422 Robert Pritchett 10025 E1 Camino Real , #17, Atascadero, 93422 Robert C. Scott 7550 San Gregorio Rd, Atascadero William Silver 10025 E1 Camino Real , #48, Atascadero, 93422 Jeff Smeloff 5330 Ensinada, Atascadero Greg Smith P.O. Box 431 Morro Bay, 93442 Robert Sonne 6625 Portola Road, Atascadero Joseph Souza 3055 E1 Camino Real , Atascadero, 93423 Frank Stafford P. 0. Box 1115, Atascadero, 93423 Andrew Stephenson 1510 Fairway Drive, Paso Robles, 93446 Steve Stephenson 10025 E1 Camino Real , #121 , Atascadero, 93422 Daniel Stewart 597-12th St. , Paso Robles William Stover P.O. Box 877, Atascadero, 93423 Robert Warren Public Works Department 5230 San Jacinto, Atascadero, 93423 City of Atascadero Fire Department City of Atascadero -- Atascadero Mutual Water Company Pacific Bell Te-lephone Companv (� ELLIOTT O. STEPHENSON , November 5 1984 v City Council City of Atascadero RE: Improvement of Plot of Ground at Atascadero Exit From Northbound Highway 101 Ladies and Gentlemen: It's proposed to make the following improvements to the presently unculti- vated and relatively unattractive piece of property on the Easterly side of Highway 101 located just South of the Northbound "Atascadero exit from the freeway. The property adjoins the E1 Camino Car Wash on the North and is South of Kentucky Fried Chicken. A sketch of the planned development drawn by Mr. John Cole is attached. 1 . Install a new 9 1/2 foot wide, 160 foot long sidewalk at the Westerly curb of E1 Camino Real . The sidewalk would, of course, be constructed to meet Atascadero City standards in all respects. 2. Construct a sign adjacent to the new sidewalk, the sign to • read "Welcome to Atascadero" and to have suitable space for the display of local service club emblems. The accompany- ing 'sketch illiustrates one possibhe desiign. 3. Install water irrigation piping and a sprinkler system on the property, connected to the existing water supply at E1 Camino Car Wash. 4. Provide suitable low planting and ground cover on the property. I plan to obtain the approximately $1000. needed to purchase the 18 cubic yards of concrete the sidewalk will require in the form of donations to the city from interested individuals and local civic organizations. I myself pledge $250. towards the cost of the concrete. Fortunately, the curb and gutter is al- ready in place so only flatwork is involved in the proposal . Ralph Houchin, owner of Construction Management Services of Creston, has vol - unteered the use of his special tools and expert guidance during the installation of the concrete and the finishing of the sidewalk surface. It' s anticipated that the words "Welcome to Atascadero" would be carved into a large thick horizontal plank. De Cou Lumber Company of Atascadero has offered to provide the needed wood and Mr. Lowell Lampman, Industrial Arts Instructor at Atascadero High School reports that he and his students would be pleased to do the needed carving. 10025 EL CAMINO REAL < NO. 121 s ATASCADERO, CALIFORNIA 9.3422 t TELEPHONE (805) 466.5805 City Council City of Atascadero RE: Improvement of Plot of Ground at Atascadero Exit From Northbound Highway 101 November 5, 1984 Page 2 In view of the fact that their emblems would be attractively and prominently displayed, I'm confident that members of the service clubs active in Atascadero would readily assist in the construction of the sign structure. Neil Kleine, an Atascadero Landscaping Contractor, has offered to provide the piping and other irrigation materials and to fully design and install the system. In addition, Jim Wentzel ' of Wentzel 's Garden Center, will provide the needed planting. And finally, Gordon Sando has agreed to provide the water for the irrigation from the existing supply at his adjacent El Camino Car Wash. In other words, Ladies and Gentlemen, a few interested citizens and business- men of Atascadero are ready to .make an effort to go to work in making a signifies cant improvement in our community. I' trust that we will receive your wholehearted endorsement and cooperation. There would be no cost to the city, whatsoever. As you know, the property involved is one of the remaining few between down- town Atascadero and 6466414%k i%&Z to the South which does not presently have a sidewalk. It's my opinion that if the city does its part in improving the side- walk situation along this section of South E1 Camino Real it could go a long way toward obtaining similar action by the owners of the other properties. Very truly yours, • ELLIOTT 0. STEPH SON EOS;ywc Attach. d y � s.... —^-'-`�---.._ ��-.-.--.—..-...,.-.•j_.,_ �7 _` _ _ ..s •ter _ r� t r �»• �"14� ~ f" AN f (� _ S _ 1 i ' • I r y _ t r !�S _ Y V C , _ t ._ .. ...a-.. -_. j .... U ...__: �N o 15Z / ._ � vk Zt . C NJ NJ • .y �, ELLIOTT O. STEPHENSON is November 7, 1984 City Council City of Atascadero RE: Sidewalks Between Downtown Atascadero and E1 Bordo Avenue Ladies and Gentlemen: I've written to you separately about the proposed addition of a new 160 foot length of sidewalk on city owned property on the West side of E1 Camino Real immediately South of the Highway 101 off ramp situated between the E1 Camino Car Wash and Kentucky Fired Chicken. It appears that action may soon be taken by the property owners to install new sidewalks at the present location of A & W Root Beer at 7320 El Camino Real ; at the Southwesterly corner of Curbaril Ave- nue and E1 Camino Real;at Taylor Automotive at 9070 E1 Camino Real ; and at the Northeasterly corner of Montecito Avenue and South E1 Camino Real . It's also quite probable that many of the owners of the remaining 25 properties not presently having sidewalks in the two mile stretch of South E1 Camino Real between Downtown Atascadero and • E1 Bordo Avenue will be built upon during the next two or three years. It's my recommendation that the city consider the adoption of an ordinance at this time requiring sidewalks to be installed at all South E1 Camino Real properties locatedbetween Highway 41 and El Bordo Avenue by 1987 or 1988. I believe that there is a need for such action because many people walk this route each day; the presently unimproved properties force pedestrians. to walk upon the unsafe, traffic,'' heavy, paved highway; and many children must now use portions of the paved highway walking to and from their schools and homes. It's possible that the present trends in the economy and building actiyity in Atascadero will continue and that the needed new sidewalks will automatically be obtained without the city taking the recommended action. However, I feel that such action is warranted and that it will encourage further commercial development in this active part of the city as well as insure that the needed sidewalks will be provided within a reasonable time frame. Very truly yours, • ELLI T STEPHE ON EOS:vwc 10025 EL CAM INO REAL / NO. 121 < ATASCADERO, CALIFORNIA 93422 t TELEPHONE (8051 466-5805 eting Date : 11/13/84 Agenda Item: B-2 • M E M O R A N D U M TO: CITY COUNCIL November 13 , 1984 FROM: PLANNING DIRECTOR - , SUBJECT: SPECIAL STUDIES PRIORITY LIST/JOINT STUDY SESSION WITH PLANNING COMMISSION BACKGROUND Members of the Planning Commission and City Council have discussed the desirability of having a joint meeting of the Commission and Council. It has been further suggested that one agenda topic would be to review the status and desirable priority for special study projects that have been requested over the years. The Commission discussed this matter at their November 5th meeting. SPECIAL STUDIES LISTING The following is derived from an index maintained by the planning de- partment and/or from requests made at recent meetings of the Planning Commission or City Council: SPECIAL STUDY PROJECTS COMMENTS 1. HOUSING ELEMENT An updated Housing Element is a prereq- uisite for any , application for future community development block grants. An acceptable Housing Element is also re- quired to draw down the City' s $600 ,000 grant for the Young' s elderly housing project. 2. ENVIRONMENTAL GUIDELINES The City has not formally adopted proced- ural guidelines to comply with the Calif- ornia Environmental Quality Act. Draft work has been prepared. . 3. SUBDIVISION ORDINANCE The City has been operating under the County' s subdivision ordinance. There have been numerous comprehensive amend- ments to the State Map Act which take precedence over the County ordinance. Initial work has begun on a draft which . received review by the City Engineer who requested a different format. RE: SPECIAL STUDIES PRIORITY LIST SPECIAL STUDIES LISTING COMMENTS 4. ADULT ENTERTAINMENT This was initiated by City Council and is ORDINANCE in the draft typing stage. 5. DRAINAGE REVIEW POLI- The Planning Commission has requested CIES/DRAINAGE MASTER that staff re-examine the manner in which PLAN it reviews drainage plans for conceptual approval and the possibility of a drain- age master plan. 6. ZONING ORDINANCE AMENDMENTS: - Sign regulations - comprehensive review - 20% lot size re-evaluate and strengthen criteria adjustment language - Public facilities - provide definition - 30% grading - delegate to staff - 10 ,000 square foot - enable creation of this lot size in lots high density single family areas (will require General Plan amendment) 7. ENFORCEMENT POLICIES: Outdoor sidewalk - retail sales and portable sign problem storage 8. DEPARTMENTAL HANDOUTS Drafts have been prepared and need to be refined consistent with revised office procedures 9. TRAFFIC LIGHT FUNDING The Planning Commission has requested a report on the manner in which other cities finance contributions towards traffic lights. This could be expanded to include development fees for other types of high cost public improvement needs. 10. COMMUNITY DEVELOPMENT Processing of candidate projects for next BLOCK GRANT APPLICATIONS year ' s application is scheduled to occur 1985 - 1986 in February/March. Draft list of projects is being prepared. 11. DOWNTOWN REVITALIZATION Work of this special committee may , lead to a commitment of staff resources. 12. PARKING STUDY Draft implementation plan needs to be drafted for a recommendation from the Planning Commission to the City Council. s 2 RE: SPECIAL STUDIES PRIORITY LIST SPECIAL STUDY PROJECTS COMMENTS 13. FEE SCHEDULE UPDATE Basic research has been done relative to our real costs and comparable fees charged in other communities. An updated resolution is needed for City Council consideration. 14. AMAPOA-TECORIDA Establish a zone of benefit for financing DRAINAGE AREA necessary drainage improvements. 15. COMPREHENSIVE AMENDMENT The City' s General Plan was adopted in OF THE CITY'S GENERAL 1980 . The plan should be re-evaluated PLAN and refined based on experience to date and goals and objectives. 16. EL CAMINO REAL Analysis and recommendations to accommo- CORRIDOR STUDY date traffic along El Camino Real includ- ing a second bridge across Atascadero Creek. JOINT MEETING SCHEDULING The Commission suggested that a joint study meeting should be set apart from any regularly scheduled meeting at the discretion of the City Council. HE:ps 3 0 eting Date: 11/13/84 Agenda Item: C-1 • M E M O R A N D U M TO: City Council November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: PROPOSED ORDINANCE NUMBER 88 - ZONING CHANGE 6-84 AMENDING THE OFFICIAL ZONING ORDINANCE TEXT, RELATIVE TO INDIVIDUAL TENANCY SIGNING WITHIN SHOPPING, OFFICE, OR INDUSTRIAL COMPLEXES Attached, is proposed Ordinance Number 88 for the scheduled second reading. RD:kv Attachment ORDINANCE NO. 88 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO INDIVIDUAL TENANCY SIGNING WITHIN SHOPPING, OFFICE OR INDUSTRIAL COMPLEXES. WHEREAS, the proposed Zoning Ordinance amendment proposes stand- ards consistent with the General Plan as required by Section 65860 of the California Government Code; and, WHEREAS, the proposed amendment is in conformance with Section 65800, et seq. , of the California Government Code concerning Zoning Regulations; and, WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and, WHEREAS, the Atascadero Planning Commission has held several pub- lic hearings and has recommended approval of Zoning Ordinance Text Amendment 6-84. NOW, THEREFORE, the City Council of the City of Atacadero does ordain as follows: Section 1. Council Findings: After conducting a public hearing, the City Council finds and determines that: 1. Specific signage standards for multiple tenant buildings would not be a visual detriment to the community. 2. Some additional signage would not be a visual detriment to the community. 3. Additional signage would be in compliance with the City of Atascadero' s General Plan Community Appearance Standards. 4. Pursuant to the California Environmental Quality Act, the negative declaration granted the project by the Planning Director is appropriate. Section 2. Zoning Text Change: Zoning Ordinance Text Amendment 6-84 is approved to change the text of Section 9-4.134 (d) of the Zoning Ordinance to read as follows: ( ) g Ordinance No. 88 (d) Shopping, Office, or Industrial Complex Identification Signing: Such complexes with five or more separate uses or tenancies on a single site sharing common driveways and park- ing areas are allowed one common identification sign, with a maximum sign area of 60 square feet, and with a maximum height of 10 feet. Where visible from a public street, signing on shopping center sites shall be of a uniform design, through- out the center as to the size, finished framing materials and location on buildings on such signs. IN ADDITION, EACH TEN- ANCY MAY HAVE ONE WALL-MOUNTED SIGN TOTALING 10 SQUARE FEET LOCATED ON A BUILDING FACE WITH A PUBLIC ENTRANCE. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. The foregoing ordinance was introduced on October 22, 1984 and adopted at a regular meeting of the City Council held AYES; NOES: ABSENT: DATE ADOPTED: ROLFE NELSON, Mayor ATTEST: GEORGIA RAMIRE , Acting City Clerk APPROVED AS T FORM: ALLEN GRIMES, City Attorney P�D A� 0 C ENT RALPH H. DOWELL, JR. Acting City Manager 2 �eeting Date : 11/13/84 Agenda Item: C-2 • M E M O R A N D U M TO: City Council November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: PROPOSED ORDINANCE NUMBER 89 - MUNICIPAL CODE REVISION STOPPING, STANDING, OR PARKING RESTRICTIONS. Attached, is Ordinance No. 88 for the scheduled second reading. RD:kv Attachment _ ORDINANCE NO. 89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATAS- CADERO ADDING SECTION 4-2.1305 TO ARTICLE 13 OF CHAPTER 2 OF TITLE 4 OF THE ATASCADERO MUNICIPAL CODE RELATING TO STOPPING, STANDING OR PARKING RESTRICTIONS. The Council of the City of Atascadero does ordain as follows: Section 1. Section 4-2.1305 is added to Article 13 of Chapter 2 of Title 4 of the Atascadero Municipal Code to read as follows: pec. 4-2.1305 . Parking: General prohibited practices. No person shall stop, stand or park a vehicle upon the roadway in such a manner that the normal flow of traffic in either direction is affected. Per California Vehicle Code, "roadway" is that portion of a highway improved, designed or ordinarily used for vehicular travel. 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 AG:fr/10/8/84 ORDINANCE NO. 89 Page 2 ATTEST: GEORGIA RAMIREZ, Acting City Clerk APPROVED AS TO RM: ALLEN GRIMES, City_ .Attorney APPROVED AS TO CONTENT: _ RALPH H. DOWELL, JR. , Acting City Manager . eeting Date : 11/13/84 Agenda Item: C-3 • M E M O R A N D U M TO: City Council November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: PROPOSED ORDINANCE NUMBER 86 —MUNICIPAL CODE REVISION OF ORDINANCE NUMBER 4, ESTABLISHING THE OFFICE OF CITY MANAGER AND DETERMINATING THE APPOINTMENT RESPONSIBILITIES AND DUTIES THEREOF At the City Council meeting of October 8, 1984, Council reviewed an initial draft to revise Ordinance Number 4, which addresses the office of City Manager and outlines the responsibilities and duties thereof. At that time, Council appointed a committee, composed of Mayor Nelson, Councilman Handshy, and myself, to review and revise Ordinance Number 4, if necessary, and return such to Council for consideration. • This has been accomplished with the redrafting of Ordinance Number 4, now reflected as Ordinance Number 86 . The key changes made by the committee was the removal of Section 2-4. 26 which states that the City Manager shall not be removed, other than for misconduct in office, during or within a period of 90 days succeeding any general election inwhich a member of Council is elected. Proposed Ordinance Number 86 does retain Section 2-4.21 addressing the determination definition for willful misconduct and Section 2-4.20 , Removal; Method; Notice. The proposed ordinance states clearly that the City Manager shall hold office for and during the pleasure of the City Council. It is recommended that this ordinance be adopted as a First Reading. RD:kv . Attachment 0 0 • 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 efficient administration of all the affairs olf 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 it- Sections 2-4. 08 through 2-4.17 Sec. 2-4.07 . Law Enforcement. 1" - 0 It shall be the duty of the City Manager td-enforce all laws and ordinances of the City, and to see that ail franchises, contracts, permits, and privileges granted by the City Council are faithfully observed. Sec. 2-4.08. Authority Over City Em to eek, It shall be the duty of the City Manager and he shall have the authority to control, order, and give directioi-�s to all heads of departments, subordinate officers, and employebs of the City through their department heads. - Sec. 2-4. 09. Power of Appointment and Rem�&al It shall be the duty of the City Manager -t and he shall, e. appoint, remove, promote, and demote any and all officers and 317 < employees of the City except elective officerseand the City Attorney. Appointment, removal, promotion, ' and demotion of depart- -' ment heads, officers, and employees shall be rbcommended to the City Council for concurrence and confirmations Sec. 2-4.10. Administrative Reorganization-of Offices. ! , 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 indicatedaln the interest of efficient, effective, and economical conduct 'dT the City' s business. Seca 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 measuresFland ordinances as he deems necessary. S Sec. 2-4.12. Attendance at Council Meeting. It shall be the duty of the City Manager toz-attend all meetings of the City Council unless excused therefrom by the Mayor individually 73 or the City Council as a whole, except when his removal is under consideration for misconduct. - Sec. 2-4.13. Financial Report. 3q It shall be the duty of the City Manager to'-prepare and submit ,, the proposed annual budget and the proposed ani-dal salary plan to the City Council for its approval. Sec. 2-4.14. Purchasing. It shall be the duty of the City Manager anclhe shall be re- • #_ sponsible for the purchase of all supplies forlall 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 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. Seca 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. Seca 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: jj.� ALLEN GRIMES, City Attorney APPROVED AS TO CON RALPH H. DOWELL, JR. , Acting City Manager • • eting Date : 11/13/84 Agenda Item: C-4 MEMORANDUM TO: City Council fz� November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: ADMINISTRATION OF THE OATH OF OFFICE TO THE CITY TREASURER BY THE CITY CLERK With the appointment of the Finance Director as City Treasurer , it is necessary to conduct the Oath of Office by the City Clerk. RD:kv eting Date : 11/13/84 Agenda Item C-5 N M E M O R A N D U M TO: City Council ')2.Wt::N November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: ATASCADERO LAKE PAVILION - REVISED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR RENOVATION OF THE PAVILION As you recall, the Council rejected the Joint Powers Agreement pro- posed by the County which addresses the use of the Atascadero Lake Pavilion. This Joint Powers Agreement was generated by the County because of their proposed contribution of $6,000 of revenue sharing funds towards the construction of the Atascadero Lake Pavilion Building. The Council' s rejection was based upon the demands placed by the County towards the future use of the building by non-residents. I have attached a copy of the prior correspondence relating to this subject. (Attachment I) Now attached is the latest proposal for a revised Joint Powers Agreement between the County and the City for the renovation of the Atascadero Lake Pavilion Building (Attachment II) . Again the Joint Powers Agreement, in Paragraph 2, states that the City shall carry out the project for renovation, according to City procedures and rules, and further attempts to restrict the City as to what method should be used for charging non-residents of the city, both by cost and priority of service. Further , the County states that the City shall defend, imdemnify, and save harmless its officers, agents, and employees from any and all claims, etc. etc. etc. to which our attorney does not agree. Therefore, I see no other choice but to again recommend rejection of this Joint Powers Agreement. It appears that the County should be able to grant the revenue sharing contribution to the Atascadero Pavilion Committee without attempting to tie up future construction commitments, future designation of fees, and future priorities of service. The need for the City to save harmless the County appears to be unnecessary for the transfer of funds for a recepient agency. RD:kv Attachment (Frohe 9/10 Council Agenda) M E M O R A N D U M Ob TO: CITY COUNCIL September 10, 1984 FROM: ACTING CITY MANAGER SUBJECT: Agreement concerning the use of the Atascadero Lake Pavilion The Pavilion Committee of the Atascadero Improvement Committee requested from the County of San Luis Obispo a contribution of $6,000 revenue sharing funds to defray expenses involved with the Pavilion Building. I was contacted by County Staff informing me of the approval of this request and advised that they would be forwarding an agreement that addressed their use of the building. Attached you will find a copy of the draft agreement. I am particularly concerned with the contents of Paragraph #2 which grants them "preferential use of the building. . . . . . . .for the period of ten years. . . . . . for a total cumulative usage time of 600 hours" with the County arranging the scheduling of such functions and no charge for the 600 hours of usage. Further , the City would be responsible for payment of all utilities in connection with the County' s use of the building. I recommend that the City Council reject this proposal and that the Atascadero Improvement Committee be requested to pursue other arrange- ments for obtaining funds from the County. RALPH H. DOWELL, JR. Acting City Manager RHD:ps T, f, �� - 1850 Tor wnawaiws nor. County of San Luis Obispo k , COUNTY GOVERNMENT CENTER SAN LUIS OBISPO,CALIFORNIA 93408 (805)549-5011 OFFICE OF THE August 28, 1984 COUNTY ADNIINISTRATOR Larry McPherson Public Works Director P. 0. BOx 747 Atascadero, CA 93422 Dear Mr. McPherson: Per our conversation on August 15, 1984, enclosed please find a draft agreement between the County of San Luis Obispo and the City of Atascadero for use of the Atascadero Lake Pavilion building. I would appreciate you review of this document. Please let me know if you- concur or have any suggested changes as soon as possible. natures will three copies with original signatures If the City approves, p g g need to be returned to me for placement of the item on the Board of Supervisors agenda. Thank you in advance for your assistance and cooperation. Sincerely, z ELIZABETH AVILA Administrative Analyst EA:mjw (4341u) Enclosure A_7d s ' AGREEMENT FOR USE OF BUILDING THIS AGREEMENT is entered into between the County of San Luis Obispo, hereinafter referred to as "County" and the City of Atascadero, hereinafter referred to as "City." WHEREAS , City is presently renovating an existing City owned building known as the Atascadero Lake Pavilion, to make the said building more usable for public purposes ; and WHEREAS, County desires to arrange for a certain preference for certain public uses of said City building; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree 'as follows : 1. County shall pay over to City immediately upon execution of this Agreement by both parties the sum of $6,000.00, payable /* out of Federal Revenue Sharing account, BU. # 2090-2150. 2. City agrees to allow to County the preferential use of . the building known as the Atascadero Lake Pavilion, starting from the date of completion of the improvements to the building which are presently under way in the project known as Atascadero Lake Pavilion improvements. In the event such project is not completed by June 30, 1985 , this priority shall commence on June 30, 1985. The priority use provided for herein shall mean that the City of Atascadero in allowing public use of the said Atascadero Lake Pavilion may not discriminate against nonresidents of the City of Atascadero for the period of ten P years from whichever of the aforementioned dates occurs first. *a In addition, City shall allow use of said premises by the County ' of San Luis Obispo for County functions for a total cumulative usage time of 600 hours during the said ten year period. County will arrange the scheduling of these hours of use for County functions through the County Director of General Services and through the City Manager of the City of Atascadero. There shall be no charge to the County by the City for these 600 hoursof usage, but the City may require the County to provide its own set up, maintenance, and clean up necessary for the County' s hours of use. 3. City will be responsible for payment of all utilities in connection with the County ' s use of the said premises as aforesaid. 4. City may impose charges on nonresidents using the said building, provided such charges are nondiscriminatory when compared to charges for use of said premises for City residents for similar uses or activities . 5. In the event the said building is destroyed by fire or any other cause within the ten year period aforesaid, the rights of the County- shall continue in any replacement structure put up within the said ten year period. In the event no replacement structure is built, then this Agreement shall terminate at the end of the ten year period, even though the County may not have used its entire cumulative 600 hours of use. i AL _ - 18 50 Y>r FOY ftthS AV_Yg M County of San Luis Obispo COUNTY GOVERNMENT CENTER SAN LUIS OBISPO,CALIFORNIA 93408 (805)549-5011 • OFFICE OF THE October 24, 1984 COUNTY ADMINISTRATOR Mr. Lawrence McPherson Director of Public Works ` P. 0. Box 747 Atascadero, CA 93422 Dear Mr. McPherson: Enclosed please find a revised Joint Powers Agreement between the County of San Luis Obispo and the City of Atascadero for renovation of the Atascadero Lake Pavilion building. The agreement was modi- fied by our County Counsel per your City Attorney's recommendations. After your City Council approves the agreement, two copies with original signatures will need to be returned for placement on the Board of Supervisors' agenda. Once the Board executes the agree- ment, we will return one of the original copies for your files. I would appreciate it if you would forward the signed copies to the attention of Marge Kirby of my staff at the above address. Addi- tionally, should you have questions, she may be reached at 549-5011 . Sincerely, WILLIAM E. BRIAM County Administrator MK:mjw (4735u) c- Jerry Diefenderfer, Chairman, Board of Supervisors Enclosures 47_77� :Zf � JOINT POWERS AGREEMENT THIS AGREEMENT is entered into between the County of San Luis Obispo, hereinafter referred to as "County" and the City of Atascadero, hereinafter referred to as "City." WHEREAS, City is the owner of a building known as the Atascadero Lake Pavilion; and WHEREAS, the said building is in need of extensive renovation so that it may continue to be used for public purposes ; and WHEREAS, County and City find public benefits to both agencies in the renovation of the Atascadero Lake Pavilion and its continued operation as a' community building open to the public for such community building purposes as public meetings and gatherings. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows : 1. County shall pay over to City immediately upon execution of this Agreement by both parties the sum of $6,000.00, payable out of Federal venue Sharing account, BU# 2090-2150. 2. The ownership of the Atascadero Lake Pavilion building shall remain exclusively in the City of Atascadero, which City shall continue to operate the said building as a community building available for public meetings and gatherings and other public purposes. City shall carry out the project for renovation' of said building according to City procedures and rules. In charging fees for the use of said building by the public, City agrees to treat residents and non-residents of City alike, and to make no discrimination against non-resident use of said building, on a first-come, first-served basis. 3. The City shall defend, indemnify and save harmless the County of San Luis Obispo, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this agreement, including but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the City, or of agents, employees or independent contractors directly responsible to the City; providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the City, the City' s agents, employees or independent contractors and the County, its agents, employees or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the City to indemnify the County against any responsibility or liability in contravention of Section 2782 of the Civil Code. M -2- AIT;, IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1984. COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors Approved by action of the Board of Supervisors on , 1984 CITY OF ATASCADERO By: Mayor Approved by City Council Action on 1984 ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: 1890e L -3- tUNCIL DATE : 11/13/84 ITEM NUMBER : - M E M O R A N D U M TO: CITY COUNCIL November 9, 1984 VIA: Ralph Dowell, Jr. Acting City Manager FROM: Henry Engen, Planning Director RE: LAFCO STAFF REPORT: -Annexation Area No. 3 ("Holiday Inn") The attached was not received in time to include as part of the City Council's agenda for the November 13th meeting. However, it related`.,to Agenda Item #C-6, , Pre- zoning of Annexation Area No. i3. Note that the staff recommendation is to reduce the area to be annexed to the area between the railroad and Highway 101. HE:ps "4 LOCAL AGENCY FORMATION COMMISSION RC AGENDA _ November 15, 1984 Board of Supervisors Chambers 9:00 A.M. County Government Center All times shown in the margins adjacent to the items are estimated and are not to be considered as time guaranteed. Estimated Time 9:00 A.M. ROLL CALL MINUTES OF PREVIOUS MEETING MATTERS SET FOR PUBLIC HEARING NEW MATTERS: 9:05 A.M. Annexation No. 3 to the City of Atascadero (Holiday Inn) SPHERES OF INFLUENCE: 4 y 9:45 A.M. Sphere of Influence Determination for County Waterworks District No. 6, Santa Margarita Lighting District, Santa Margarita Fire Protection District, and the Garden Farms County Water District. 10:15 A.M. Sphere of Influence Determination for County Service Area No. 7 (Oak Shores) SPECIAL MATTERS: 10:45 A.M. Consideration of Application for Amendment of LAFCo Resolution No. 84-35 Approving Annexation No. 6 to the Templeton Community Services District (McKinley) 11 :00 A.M. Estimated Time of Adjournment (4727v) k File No. 3-R-84 Annexation No. 3 to the City of Atascadero (Holiday Inn) Certificate of Filing Issued: August 24, 1984 Proponent Atascadero Limited. Ned Rogoway - Agent Purpose To receive city services in order to develop the property. Acreage and Location The territory consists of 109+ acres and is located east of the inter- section of San Ramon Road and U.S. 101 , north of Santa Cruz Road (see Exhibit A). Sphere of Influence ' The territory proposed for annexation is within the sphere of influence and sphere of service of the City of Atascadero, as adopted by the Commission on October 4, 1984 (see Exhibit B) Environmental Determination An Environmental Impact Report and Addendum was prepared for the Holiday Inn Prezoning with the City of Atascadero, pursuant to CEQA, acting as lead agency. It has been determined that these documents adequately cover the possible environmental effects of the annexation as well as the prezoning. The addendum was certified and adopted by the Atascadero City Council on June 11 , 1984. It will be necessary for the Commission to resolve that the certified final EIR for the Holiday Inn Prezoning has been completed in compliance with CEQA and the State Guidelines and is adequate for the purpose of making a determination on this annexation proposal . Recommended Action Approval a Property Tax Exchange The amount of property tax revenue to be transferred between the County of San Luis Obispo and the City of Atascadero shall be zero. The amount of annual tax increment to be transferred, as agreed to by the county ,and the city, will be based upon 12.95997 percent of the total growth in the area to be annexed after the school districts' shares are determined. Valuation The County Assessor reports that full value of the territory proposed for annexation is $304,266, of which $299,166 is land value, and $5,100 is improvement value. Inhabited or Uninhabited The territory proposed for annexation is uninhabited (less than 12 registered voters). tj { ' Land Use The territory proposed to be annexed is designated for Agriculture in the Land Use, Element of the County General Plan. The area lies outside the county adopted Urban Reserve and Urban Services Line. On June 11 , 1984 the City of Atascadero certified the EIR for the Holiday Inn Prezoning, ., and included the territory in the City General Plan, but .delayed final prezoning until a map and legal description had been submitted by the applicant. The prezoning, set for final adoption by the City Council on November 13, 1984, would allow the following for the 128 acre parcel 19 acres of which is already within city limits: 49 acres for single family residential lots ranging from 2-1/2 to 10 acres in size. 10 acres for motel /restaurant and meeting room uses. - 2 acres of recreational use including picnic grounds, walkways and other recreation activities. Approximately 67 acres of open space, mostly in the dry river bed of the Salinas River - potential uses include equestrian trails. 2 The Knox-Nisbet Act, Government Code Section 54775 (q) defines "prime agricultural land" to mean "land which qualifies for rating as Class I or Class II in the United States Soil Conservation Service land-use capability classifications or land which qualifies for rating 80 through . 100 in the Storie Index Rating." Table 1 , below, shows the land use capability of the territory proposed for annexation rated by both Soil Conservation Service class and Storie Index. Exhibit C maps the soil numbers that correspond to Table 1. Agriculture Land Use Capability Soil Conservation Service Rating Soil No. Irrigated Non-Irrigated Storie Index fa 106 II IV 72 140 II IV 85 148 II IV 85-90 207 II IV 80 212 N/A VIII 17 Source: Soil Conservation Service, 1983 The territory proposed for annexation has been used in the past for crop products, yielding barley, alfalfa or safflowers, depending on crop rotation through the years. The soils in the lowland area between the Southern Pacific Railroad tracks and the Salinas River channel are prime when irrigated, rated as Class II by the Soil Conservation Service (SCS) and with a- Storie Index Rating of 85-90 (Soil No. 148). Most of the upland area also has land capable of a Class II SCS rating when irrigated and Class IV if non-irrigated. However, the Storie Index Rating for the upland area (Soil No. 106) is 72 which makes it non-prime land. Exhibit D from the EIR Addendum indicates prime and non-prime farmland on the site. A portion of the lowland area also qualifies as a flood hazard area, according to the County's LUE, which would make building difficult because of potential drainage and erosion problems. In addition, because the Southern Pacific Railroad tracks traverse the property, accessto the lowland section of the territory could be dangerous if development occurs. 3 Land uses adjacent to the territory proposed for annexation include two mobile home'�parks on El Camino Real. Three single family residences are located adjacent to and south of the development site. The Salinas River lies to the north with :U.S. Highway 101 to the west. There are no permanent structures on the site. There is, however, a mobile home located ,on the northern portion of the site. Background Information The 109+ acre area proposed for annexation has historically been used for crop products. The territory was . originally proposed for annexation in 1980 by Donald Rochelle. The first annexation application to LAFCo was withdrawn by the , applicant when the City of Atascadero denied the requested prezoning that would have allowed a mixed use development comprised of residential , commercial and industrial uses. The current application was submitted to LAFCo by Atascadero Limited, the current property owners, with the scaled down development``plan described in the land :use section of this staff report. On June 11 , 1984, the City of Atascadero approved an addendum to the EIR prepared for the original project and also amended its General Plan to include the area. The requested prezoning was approved in concept with direction to staff to prepare the necessary documents ,for an ordinance. The final ordinance is scheduled for adoption at the City Council meeting scheduled for November 13, 1984. The City of Atascadero and the local business establishment have enthusi- astically supported the development of a convention and meeting facility in the area with enough space to accommodate large groups. Although the Holiday Inn, organization :has expressed an interest in locating on the site, no final commitments have been received pending the completion of annexation proceedings. At this time,. the property owners and their representatives are also negotiating with several other hotel organi- zations to potentially locate facilities on the site. 4 Availability of Services Water: Atascadero e o residents receive water .service .from the Atascadero Mutual Water Company, a stock-held water company. Property owners with the Atascadero Colony hold full or partial shares in the company, with share ownership appurtenant to the land within the company's service area. This Company is operated by a five member Board of Directors which is elected by and responsible to the shareholders. The Atascadero Mutual Water Company draws 3,000 acre-feet a year from the Paso Robles Basin. The company has four deep wells in the flood plains of the Salinas River. Five more shallow wells draw from the Salinas River gravel deposits. The company has a total pumping capacity of 8,600 gPm• The Atascadero Mutual Water Company. as made no commitment-to serve the territory proposed for annexation inasmuch as it is outside the service boundaries of the company. As an alternative the property owners have therefore stated their intention to serve water to the proposed develop- ment by means of an existing on-site well that in the past has been used for agricultural purposes. The EIR Addendum projects the project's ultimate demand for water at 50,000 gallons per day or 56 acre feet per year. Sewer: The Atascadero County Sanitation District (ACSD) -presently provides sewage collection, treatment and disposal services to Atascadero residents within district boundaries. The district is located entirely _within, but is substantially smaller than city boundaries. The Atascadero City Council presently sits as the District's governing board. The ACSD will be officially dissolved within the next several months. The territory proposed for annexation is outside the sewer service area of the ACSD. As stated in the prezoning EIR Addendum, the developer proposes to construct, operate, and maintain an on-site sewage treatment .5 plant. A sequencing batch reactor system is being 'considered for use on the property. Effluent from the plant will be pumped . into one of two infiltration ponds south of the treatment plant, immediately adjacent to the Southern Pacific Railroad tracks. Fire Protection: The City of Atascadero operates a Fire Department staffed by eleven full-time personnel and twenty-five reserve fire ' fighters. Full-time positions include the chief, 3 captains, 3 engi- neers, 3 fire fighters and a clerk. From its fire station located at 6005 Lewis Avenue, the department operates three engines (1961 1 ,000 GPM Pumper, 1953 750 GPM Pumper, 1972 1 ,000 GPM Pumper), two brush units (1980 4x4 Wildland Pumper and 1972 4x4 Wildland Fire Pumper), and one rescue vehicle (4x4 Mini Pumper). Atascadero has Mutual Aid Agreements with County Fire, the California t Department of forestry (CDF), and 'Atascadero State Hospital . CDF also assists the city with fighting wildland fires which often requires use of CDF's air-attack tanker. The City's Insurance Services Office (ISO) rating is 5. Unincorporated areas outside city limits have an ISO rating of 10. The area proposed for annexation would be served by the Atascadero Fire Department. Police Protection: The Atascadero. Police Department is located in the City Administration Building. The department has 21 sworn personnel consisting of a police chief, five sergeants, , and fifteen police officers. The city employs a narcotics task force officer in conjunction with the County of San Luis Obispo. In addition, the department has six civilian support services aides (dispatchers), a records and dispatch supervisor, and two crossing guards (3 hours per day). The department uses the "911 telephone number for emergencies and provide dispatch for other city departments. The area proposed for annexation would be served by the Atascadero Police Department. Parks and Recreation: The Parks and Recreation Department is staffed by 6 a , a director, recreation coordinator, secretary and intern programmer. The city operates Atascadero Lake Park, the Traffic Way ball fields, Sunken Gardens, and South Atascadero Park (unincorporated). The County of San Luis Obispo operates Heilman n Park and the Chalk Mountain Golf Course. Library: The Atascadero Branch of the San Luis Obispo County Library, located in the Administration Building at 6500 Palma Avenue, serves city residents as well as other county residents. Transportation/Public Works: The major highways bisecting Atascadero are Highway 101 (7.0 miles) and Highway 41 . Highway 101 comprises seven miles of roadway in the city from San Ramon Road on the north to Santa Barbara Road on the south. Generally, the highway disrupts the original Atascadero Colony road network plan, which was designed in the form of a wheel. The entire road system consists of 208.9 miles of road, including r, 75 miles of paper streets. City streets are maintained,' repaired and improved on a regular basis by the city's Public Works Department. 33 County Planning Department Comments: �r The County Planning Department's comments and recommendations to LAFCo were prepared prior to the adoption of the Atascadero sphere of influ- ence. The Planning Department recommends denial of the proposed annexa- tion based on inappropriate land. use proposed for the site. The department cites as a basis for denial the loss of prime agricultural land, the availability of land already within Atascadero that is better suited for residential and tourist commercial development, and inadequate access and circulation in the vicinity of the site. The department concludes its comments by recommending that if the site is to be annexed that the boundaries be amended to delete the low land area between the railroad tracks and river so that these lands may remain in agriculture. Analysis: At the Atascadero sphere of influence hearing LAFCo staff expressed- concerns regarding inclusion of this territory because of its 7 ik ,. Agricultural.. Land Use designation in the County LUE, the existence of prime agricultural land that has historically been used to produce crops, and the large amount of vacant land already within the city limits that should be given first priority for municipal services. City and property owner representatives, at the hearing, argued successfully to have the area included within both the sphere of influence and sphere of service, making it eligible for immediate annexation to the city. Proponents' arguments were based on the marginal economic viability of the territory in continued agricultural use, the need for a convention facility in the area, and the unavailability of other suitable sites within the city limits. The Commission has three primary alternative courses of action with regard to Annexation No. 3 to the City of Atascadero (Holiday Inn). Alternative No. 1 : Approval with amended boundaries The Knox-Nisbet Act gives LAFCo the power to "approve or disapprove with or without -amendment, wholly, partially or conditionally, any proposal . In this regard the Commission may amend the boundaries of the proposal to - delete the lowland portion of the territory between the Southern Pacific Railroad tracks and the Salinas River on the basis of its potential as prime agricultural land, as specified in the EIR Addendum and as rated by the Soil Conservation Service (SCS), and Storie Index. This would allow development of the proposed motel and restau- rant, and single family residential units on the upland non-prime area, and retain the lowland prime farmland area in agriculture. Alternative No. 2: Approval , as proposed: This alternative would have the effect of allowing annexation and subse- quent development of the entire site when agreements are reached between a hotel development organization and the property owner. Approval would be based upon inclusion of the site within both the sphere of influence and sphere of service .of the City of Atascadero; the adopted and certi- fied ETR and Addendum for the proposed Holiday Inn Prezoning that contains mitigation measures sufficient to minimize potential 8 adverse environmental impacts associated with the project; and a favora- ble prezoning by the City of Atascadero that would allow development of the project as proposed. Alternative No. 3: Denial : This alternative would have the effect of allowing the entire site to continue to be used for agriculture. Denial would be based upon the loss of prime agricultural land; the availability of land alre4dy within the city limits better suited to the proposed uses; the potential for inade- quate access and circulation in the vicinity of the proposed annexation; the speculative nature of this proposal with no firm commitment from a hotel organization to develop the site; and inconsistency with the County Land Use Element land use designation and urban reserve and service lines. Recommended Action on Environmental Determination: ' . It is respectfully recommended that the Commission resolve that the Final EIR and Addendum prepared for the proposed Holiday Inn Prezoning has been completed in compliance with CEQA and is adequate for the Commission's wr deliberation on the annexation proposal. Recommended Action on the Proposal : It is respectfully recommended that the Commission conditionally APPROVE Annexation No. 3 to the City of Atascadero (Holiday Inn), with the boundary amendment as described in Alternative No. 1 and shown in Exhibit E, with the following condition: 1. That a revised map and legal description certified by the County Surveyor be submitted to the Executive Officer. Respectfully submitted, WILLIAM E. BRIAPA Executive Officer LAFCo By: PAUL L. HOOD Deputy Executive Officer LAFCo mcy(4785u) 9 o cn Xelf I. y W a LLJ cn 41 , X PX Z a �, _ i /�- '�� � 1` ��/���i) i •� � � '' =�' % _ t sem• .`'-�\` LU er cn W CL " • l '� CL el 0 ca Q � � O 1���1 �\('f .:•� �/;(`��'�� �' � � � �\ Int., /(,! � '� �!. \l \ � -x w 10 EXHIBIT A • U U \\ L ` L. o OL , , co• coo ;�1! jL.!I n� c ilJ 41m t Q X Otnc c c c L c Q / \ / `� O 0 � N O f Q '0 O O 2 ues ' T. 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C .•xis,•,. _, ;,, r r dmil ` .` '• ,!'�+ .`- ix ,� k '• 'f:' '_' u �{� .w„ ? t t j% 'tt r t • lOT '•n: :s'•}i• f.. �, ny r +1094,; 110 t: ••'+'�� 17x1; !h• ' r.'L.'• '.c1'•'• t• r• 109" •• .� 7' r. :_i...-'•'••,..;.•.� �= +,��.� �.��M-r 42"30" 12EXHIBIT C I (Joint sheet 17) n to Y C) LU U) -j w x Q m- ao CE cv O _y w ¢ E' U Z Z mi W ¢ J cr �� ¢ a aQ w 00 Z N Cn LL g C6 ( CL -,rE o w v Li i c7 U Hp U U— J LL CJ) (A N LU s — Z Q O U Z W Z � O cc F- Cl) ¢ Q X Z W Z J Z Q Z (A LL Z LU �j T- CL LL. �% ZO w M: a o f- - X w 13 EXHIBIT D ill Q c 41 Q f0 0 uj J ._ N LU (U Qa0m aXi Q cr v \ c c -v a aD v v c Z Q E Z 0- Q 0 U L N 1- d �- o w in ot � J ' V Q _ - z O U d M .A 0 z z o F- a jy j Ln Z �i -- QO- 0 w oQ .1 L v L-�w z w \ m X 14 ,. .� EXHIBIT E .. • Meeting Date : 11/13/34 • Agenda Item: C-6 • M E M O R A N D U M TO: CITY COUNCIL November 13, 1984 FROM: PLANNING DIRECTOR RE: Zone Change 1-84 : Proposed Prezoning of Annexation Area No. 3 ("Holiday Inn") APPLICANT: Atascadero Limited BACKGROUND On June 11, 1984 the City Council held a public hearing and approved a General Plan Amendment and prezoning change to zone approximately 128 acres from agriculture (under County Zoning) to Residential Suburban, Commercial Tourist, and Recreation with flood hazard combining desig- nations on property located adjacent to Highway 101, the Salinas Riv- er, near Santa Cruz Road beyond the city limits. The City Council previously certified a draft Environmental Impact Report which was accepted together with an addendum reflecting changes through the lessening in scale of the project. The action of the Council following public hearing was to direct staff to bring back an ordinance for adoption. On October 30th, we received from the appli- cant the necessary detailed exhibits to describe the various prezoning land areas and an ordinance has been prepared for Council action. STATUS OF ANNEXATION LAFCO will hold a hearing on November 15th to consider adoption of a resolution to annex Annexation Area No. 3 to the City of Atascadero. Upon their approval, the City Council will be asked to confirm such action by adoption of a final resolution which upon recordation with the County Recorder will annex this area to the City. RECOMMENDATION Staff recommends adoption of the attached ordinance. HENRY ENGEN RALPH H. DDOOWELL, JR. Planning Director Acting City Manager Attachments: Draft prezoning map amendment Ordinance No. 94 cc: Dennis Bethel Ned Rogoway • 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 ll, 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 pre'zoning 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. 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 TO FORM: ALLEN GRIMES, City Attorney 2 0 . a o p - k a y � CD z z cz m C3 { Cl D C) ycop 14_ v, ce— `CA, ao _55 cp o cL 2; @ s j cr of: 1 • • O 1 a J L A 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 57° 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 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 250 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 620 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"5 a point in the bed of the Salinas River on the L L 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 "2" 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 • f eet 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" 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: is 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" 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 15° 14' 29" West, 100.00 feet; thence South 53° 26' 27" East, 610 feet, more or less, to the intersection of said Northerly boundary line; thence South 28° 22' 24" West, 205.00 feet along said Northerly boundary line to the TRUE POINT OF BEGINNING. Page 5 • 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. 1" (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 BEGINIZTING. • i 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 "5". 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 . • �eeting Date : 11/13/84 Agenda Item: D-1 M E M O R A N D U M TO: City Council V rIP, November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: ORDINANCE PROHIBITING THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA Attached, is a letter with Proposed Ordinance 91 from the City Attorney addressing the distribution and display of drug paraphernalia. This ordinance is reflection of the now-existing State Laws, which addresses this subject. The only additional item contained in the ordinance is what type of punishment, a misdemeanor or infraction, should be applied to the violation. It is the recommendation of the City Attorney and staff that this Ordinance be approved, stating the violation as an infraction. However, also attached for your review is an additional Section 6-14.06 which provides the necessary wordage for making the violation of this ordinance a misdemeanor . I recommend this Ordinance be considered for approval as the First Reading. RD:kv Attachments Zawe�/ ADMINISTRATION BUILDING - POST OFFICE BOX 747 CITY ATTORNEY 749 ATASCADERO,CALIFORNIA 93423 POST OFFICE BOX ATASCADERO, CALIFORNIAA 93423 PHONE: (805) 466.8000 PHONE: (805) 466-5678 CITY COUNCIL ie ® DEPA CITY CLERK CITY TREASURER POLICE DEPARTMENT 47 CITY MANAGER INCORPORATED JULY 2, 1979 POST OFFICE BOX IA FINANCE DEPARTMENT AATASPHONEO(05)CALIFORNIA 466R81 093423 PERSONNEL DEPARTMENT �y PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 ��• - PHONE: (805) 466-2141 MEMORANDUM October 18, 1984 To: Ralph Dowell, Acting City Manager From: Allen Grimes, City Attorney A Subject: Ordinance Prohibiting the Distribution and Display of Drug Paraphernalia Situation Reference is made to your memo relating to drug paraphernalia as commented upon in the letter from Susan Greenaway. A city ordinance drug paraphernalia law has been upheld in the following cases: 1) In Stoianoff v. State of Montana, U.S.C.A. 9th, Jan. 7, 1983, the state of Montana passed a law based upon the model Drug Paraphernalia Act, which the court upheld. 2) In Village of Hoffman Estates v. Flipside, the U.S. Supreme Court upheld an ordinance passed by the Village of Hoffman Estates, Illinois, requiring a business to obtain a license to sell items "designated or marketed for use with illegal cannabis or drugs" on March 3, 1982. 3) The case of Bamboo Bros v. Carpenter, C.A.2d, June 28, 1982, upheld the County of Santa Barbara drug paraphernalia ordinance. This case is more important to us than the others since it is a California case. Recommendation In reliance upon the foregoing cited authorities, a proposed ordinance prohibiting the distribution and display of drug paraphernalia is attached hereto and recommended for adoption. AG:fr Attachment cc: Rolfe Nelson, Mayor Bud McHale, Police Chief Henry Engen, Planning Director 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 -1 . 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 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; 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) Bongs; 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; 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. 6-14 .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. 6-14.05. Exceptions. 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 Fifty Dollars ($50.00) for a first violation; (2) a fine not exceeding One Hundred Dollars ($100.00) for a second violation of this Article within one year; (3) a fine not exceeding Two Hundred Fifty Dollars ($250 .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. 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: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RALPH H. DOWELL, JR. , Acting City Manager "r ADMINISTRATION BUILDING • CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO, CALIFORNIA 93423 ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL � CITY CLERKPOLICE DEPARTMENT ® • CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 � PHONE: (805).466-2141 MEMORANDUM October 29, 1984 To: Ralph Dowell, Acting City Manager From: Allen Grimes, City Attorney Subject: Ordinance Prohibiting the Distribution and Display of Drug Paraphernalia Attached is a proposed alternate section to the parapher- nalia ordinance which provides that a violation of the ordinance is a misdemeanor rather than an infraction as the ordinance was drafted. AG: fr Attachment • ORDINANCE NO. 91 Page MISDEMEANOR EXAMPLE: Sec. 6-14 .06. Violations. No person shall violate or fail to comply with any of the requirements of this Chapter. Any person who does so shall be guilty of a misdemeanor, and upon conviction, shall be punish- able by a fine of not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period not exceed- ing six (6) months, or both such fine and imprisonment. • 141�ADMINISTRATION BUILDING �eting Date:CITY A -/8 4 POST OFFICE BOX 747 Agenda ' ATASCADERO, CALIFORNIA 93423 A. endaItemD-2 PHONE: (805) 466-8000 - g Item: , CITY COUNCIL ce CITY CLERK POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIA 93423. FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT - PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422. PHONE: (805) 466-2141 MEMORANDUM October 19, 1984 To: Ralph Dowell, Acting City Manager o� CC + From: Allen Grimes, City Geh- Subject:Subject: Proposed Ordinance Authorizing Temporary ' Street Closure for Special Events I notice that from time to time we must place on the agenda a matter of authorizing a street closure by the Council for a temporary and special event. I recommend that you recommend the attached ordinance to the Council for adoption to permit such routine events to be handled by the City Manager, or his designate, with the con- currence of the Public Works Director, the Fire Chief, and the Police Chief. AG:fr Attachment cc: Police Chief Fire Chief Public Works Director t • 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 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 • -1- AG:fr/10/18/84 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. DOWELL, JR. , Acting City Manager • eeting Date : 11/13/84 Agenda Item: D-3 • M E M O R A N D U M TO: City Council o C' C November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: UPDATING OF TABLES 3 ANDA OF THE ATASCADERO MUNICIPAL CODE Attached is Proposed Ordinance No. 93, which repeals certain ordinances of the Municipal Code. Staff is continuing their review of other County ordinances and County Code provisions which may need to be repealed. The results of this review will be presented at a future Council meeting in the event further action is necessary. RD:kv . Attachment ORDINANCE NO. _ 93 ,__AN ORDINANCE OF THE COUNCIL OF THE CITY OF RTAS- 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: Q-22::t 2�� l RALPH H. DOWELL, JR. , , Acting tity Manager ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 _ ATASCADERO, CALIFORNIA 93423 PHONE: (805) 466-8000 2 PHONE: (805) 466-5678 CITY COUNCIL CITY CLERK a 4ef® POLICE DEPARTMENT �./ `D CITY TREASURER POST OFFICE BOX747 CITY MANAGER INCORPORATED JULY 2, 1979 ATASCADERO, CALIFORNIAA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 .-� PHONE: (805) 466-2141 MEMORANDUM October 8, 1984 To: Ralph Dowell, Acting City ,Manager From: Allen Grimes, City Attorney Subject: Updating of Tables 3 and 4 o the Atascadero Municipal Code Attached is an ordinance which would repeal Ordinances 12, 17 and 65 of Table 3 of the Municipal Code and Chapters 2.41 and 16.04 of Table 4 of the Municipal Code. There may be other ordinances or county code provisions in-these two tables which need to be repealed, but I am not cognizant of them. I suggest you check the repeal of Chapter 16.04 re burning limitations with the Fire Chief. AG:f r Attachment ADMINISTRATION BUILDING �eting Date: 11/13/84 POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 PHONE: (605) 466-6000 Agenda Item: D-4 - CITY COUNCIL ���� ��® PA WINANCE CITY CLERKCITV TREASURER POLICE DEPARTMENT 47 CITY MANAGER INCORPORATED JULY 2, 1979 POST OFFICE BOX IAATASCADERO, CALIFORNIA 93423 DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASPHONEO(CA IFORNIA 93422 *Ok A 2 4$� FRSo �g8g 40% MEMORANDUM November 1, 1984 To: Ralph Dowell, Acting City Manager?'. C.0 From: Allen Grimes, City Attorney Subject: Title 1 of the Atascadero Municipal Code; General Provisions, Etc. . Attached hereto is a proposed ordinance I have prepared which amends Title 1 of the Atascadero Municipal Code relating to general provi- sions and repeals Section 6 of Ordinance No. 72, the original adopting ordinance, which is now out of date. Ever since we received the printed copies of the Atascadero Municipal Code from Book Publishing Company, I have not been happy with the provisions of Title1 of the Code, which relate to general provisions. I've added a Chapter 5 to Title l to provide a proper reference for the title of the Code, a general severability provision, instructions with respect to the maintenance of the Code, and direction to the City Manager to establish and implement an administrative code. In addition, the provisions of Chapter 3 of Title 1, which relate to penalty provisions, have been revised by the legislature to increase the amount of the fines which may be levied upon conviction of an infraction. I have amended the appropriate sections of Chapter 3 of Title 1 to reflect these changes and to generally update the penalty provisions. I recommend that this ordinance be submitted to the Council for adop- tion. AG:fr Attachment cc: Robert M. Jones, City Clerk 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 1 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- 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 Code. 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 N0. 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 by this Code, shall be guilty of an infraction, unless such violation or failure to comply is spe- cifically declared 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 ORDINANCE NO. 9_0 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 0 Changes of misdemeanors to infrA tions. 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 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 anP adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE D. NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk ORDINANCE NO. 90 Page 5 APPROVED AS TO CONTENT: ' R LP ALPH DOWEL , JR. , Acting ity Manager APPROVED AS TO ORM: , ALLEN GRIMES, City Attorney or eting Date : 11/13/84 Agenda Item: D-5 • M E M O R A N D U M TO: City Council (Z` November 6, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: SAN LUIS OBISPO COUNTY WATER RESOURCES ADVISORY COMMITTEE MEMBER TO REPRESENT CITY OF ATASCADERO Attached, you will find a letter from Mr . Clifton Milne, Secretary to the County Water Resources Advisory Committee, addressed to the Council, stating the need for the appointment of current representation to the Water Resources Advisory Committee. I have prepared Resolution 60-84 , which will identify, by staff position, the representation for the City. Our Consultant Engineer will continue to attend this committee and perform as our Public Works representative until our Public Works Director selection process is completed. As Acting City Manager, I will continue as the alternate representative. . Recommend adoption of Resolution 60-84. RD:kv Attachment r CAIDES' i 85 R flC1 LUIS OBISPO COURTY OUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252 j GEORGE C. PROTOPAPAS I Iti County Engineer f • ' P- ^,t y1y CLINTON MILNE 1 In 97 DEPUTY COUNTY ENGINEER GUY PREynTT COUNTY SPECIAL DISTRICTS ADMINISTRATOR T� T-- -+ ENGINEERING October 30, 1984 DEPARTMENT ROADS TRANSPORTATION FLOOD CONTROL City of Atascadero City Council - WATER CONSERVATION _ COUNTY SURVEYOR P. 0. Box 747 SPECIAL DISTRICTS Atascadero, CA 93423 Subject: San Luis Obispo County Water Resources Advisory Committee Member to Represent City of Atascadero Honorable Council: Upon the resignation of Mr. Lawrence McPherson, the City of Atascadero is no longer represented on the San Luis Obispo County Water Resources Advisory Committee. This posed no particular problem as long the City had an alternate mem':)er, however, the City' s alternate was Mr. Murray Warden who is no longer with the City either. The bylaws of the San Luis Obispo County Water Resources Advisory Committee called for members representing various communities to be nominated by those communities. Accordingly, please nominate a member and an alternate member to represent the City of Atascadero on the Water Resources Advisory Committee. The Board of Supervisors must also have the County Clerk notice the vacancy in order to comply with the "Maddy Act" and this will be done soon. The members serve for a two-year period , and the present term ends December 31, 1985 . Sincerely, GEORsE C. PROTOPAPAS County Engineer CLINTON MILNE Deputy County Engineer and ' Secretary Water Resources Advisory Committee M/nt RESOLUTION 60-84 RESOLUTION OF THE CITY COUNCIL OF ATASCADERO NOMINATING A MEMBER AND AN ALTERNATE MEMBER TO REPRESENT THE CITY OF ATASCADERO ON THE SAN LUIS OBISPO COUNTY WATER RESOURCE ADVISORY COMMITTEE. WHEREAS, the bylaws of the San Luis Obispo County Water Resource Advisory Committee calls for members representing various com- munities to be nominated by those communities. WHEREAS, it is the pleasure of the City Council to nominate a member and alternate member to represent the City of Atascadero on the San Luis Obispo County Water Resource Advisory Committee. NOW THEREFORE BE IT RESOLVED, the Council of the City of Atascadero does hereby: 1: Appoint the Public Works Director position as the primary member to represent the City of Atascadero and, 2: Appoint the City Manager as the alternate member to represent the City of Atascadero. On motion by , and seconded by the foregoing resolution is herebyadoptedin its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk ' APPROVED AS TO CONTENT: h;� RALPH Ir. DOWELL, JR. , Acting Y 9 Cit Manager APPROVED AS TO RM: ALLEN GRIPES, City Attorney • eting Date : 11/13/84 Agenda Item: D-7 • M E M O R A N D U M TO: City Council November 13, 1984 FROM: Ralph Dowell Acting City Manager SUBJECT: CITY MANAGER POSITION VACANCY — REVIEW OF DRAFT RECRUITMENT ANNOUNCEMENT On October 25, 1984, I provided each of you with a draft of the City Manager Recruitment Flyer. I received a proposed revision, which is attached, from Councilman Handshy, in addition to the recommendations of Mayor Nelson and Councilman Molina, which changes the last sentence of the City Structure to read, "annual revenue of $4,033 ,249.00" and page 2 under Compensation and Benefits now reads, "proposed salary is DOQ. The annual salary for the prior Manager was $45,236" . It is necessary that we mail our advertisements to certain pub- lications by tomorrow, November 14, in order to meet publication dates that will support a January 4, 1985 closure date. RD:kv Attachment THE CITY OF ATASCADERO, CALIFORNIA Resumes and supporting materials 4bshould be submitted no later than INVITES APPLICATIONS FOR: January 4, 1985 to: CITY MANAGER Personnel Officer City of Atascadero P. 0. Box 747 - Atascadero, CA 93423 805/466-8000 w 1973 C C; G, 197 THE CITY OF ATASCADERO 4000 Palma Avenue . 0. Box 747 Atascadero, CA 93423 THE CITY Atascadero was incorporated on July 2, 1979 and became fully operational on July 1, 198 With a population of 18,200, it is located in San Luis Obispo County midway between the cities of San Luis Obispo and Paso Robles and encompasses an area of about 25 square miles. THE CITY STRUCTURE . The City Manager is appointed by a five-member City Council which is elected in overlapping terms on a non-partisan, at-large basis. The City Manager supervises the operations of seven departments: Administration, Finance, Fire, Planning, Police, Public Works, (Parks, Streets, Sanitation, Zoo and Building. Maintenance) and Recreation. The City has 85 full time employees and an annual revenue of $4,033,249.00. THE POSITION Under direction of the City Council, the City Manager as the administrative head of the City is responsible for the efficient administration of Council policy and the management of City business, including preparation and administration of the annual budget. The City Manager is also the City Personnel Officer responsible for administration of the City's personnel and labor relations program. The City Council is seeking a person with demonstrated administative skills in municipal government as a City Manager (Administrator) or Assistant City Manager (Administrator) . Experience must include responsibility for planning, organizing and directing varied work programs and should demonstrate ability to analyze a variety of administrative problems and make sound policy procedure recommendations. Desired qualifications include experience with municipal financing and familiarity with the computerization of municipal programs Educational requirements are flexible, but at least a Bachelor's degree or equivalent is required. The City Manager must be able to establish effective working relationships with the City Council, City staff and the public and to communicate clearly and concisely, both orally and in writing. COMPENSATION AND BENEFITS Compensation will depend on qualifications (DOQ) . Previous salary was $45,236.00. Benefits include a monthly car allowance of $181.50, medical/dental insurance, life insur- ance, PERS contribution paid by the City (no Social Security deductions) , sick leave, eleven paid holidays and a graduated vacation plan. An optional deferred compensation plan is available. SELECTION PROCESS Each candidate is . invited to submit a complete resume with any supporting materials no later than 5:00 P.M. , January 4, 1985. Emphasis will be placed on the organization and pertinence of the resume data rather than volume and detail. Immediately following the closing date, Council will begin evaluation of the resumes and will schedule personal interviews shortly thereafter. All applicants will be advised on their status in the selection process, and all actions related to the selection prod will be conducted in a confidential manner. A thorough background investigation will b conducted prior to the final appointment of the person selected. THE' CITY OF' ATASCADERO AND' TTS GOALS: 4wascadero is a city in West-Central San Luis Obispo County and located on U.S. Highway 101, "The King' s Highway" , at the junction of State Highway 41, which leads to the Pacific Ocean and U. S. Highway 1, the Coast Highway, at Morro Bay, 17 miles west. The City lies almost half-way between San Francisco to the North and Los Angeles to the South. Atascadero's principal industry is tourism; Atascadero State Hospital, Government and retail stores are the city' s principal employers. The City' s motto is "A Great Place to Live and -Play" Its climate is pleasant year-round: warm and dry in summer (cool nights) , and cool and moist in winter. Indeed, its name "Atascadero" Ls a Spanish word given as the name of the original Spanish grant on which the city was founded that means "many waters" , and signifies abundant rainfall, springs, creeks, and wet places. Estimated days of sunshine a year in Atascadero is about 350. One of the most appealing features of Atascadero is the natural and spontaneous friendliness of its people. Incorporated in 1979, Atascadero is a full-service city with a budget of 5. 7 million and a staff of 85. SOME OF THE GOALS AND PRIORITIES OF THE CITY COUNCIL AND THE NEW MANAGER WILL BE: Preservation of the unique, rural atmosphere of Atascadero. To manage growth in such a way that development does not overwhelm the communi-ty. Improve communication between City Government and residents, and increase participation of the public in forming policy. Development of programs and policy statements which will result in the encouragement of affordable housing opportunities and enhanced commercial. . development. Creation of a strong, long-term revenue base to assure high-quality de- livery of services over the long-term. Development and implementation of beautification programs to enchance the appearance of the city. Improve delivery of basic services to residents. Begin planning and acquisition of a possible new police departrent build- ing to replace inadequate facilities. DESIRABLE QUALIFICATIONS: Experience relevant to managing a full service community with a redevelop- ment committee. Skilled in interpersonal relations, sensative and humane in dealing with public, employees, representatives of private and public entities as well as the council. Demonstrated effectiveness in negotiating with employees, developers, public officials, etc. -2- Sympathetic to community values, including controlled growth, good ho4 keeping, safe environment. Ability to provide positive leadership, motivate competent and caring work by City employees, present creative solutions to immediate problems and long term planning needs. Willingness to play a visible but subdued role in the community, enhance the overall communication process and the image of the City. Demonstrated regard for small town democratic political and decision-making process, respect for persons and feelings, clear understanding and accept- ance of council' s policy - making role and staff ' s professional implemen- tation role. Projecting personal qualities of complience, intelligence, confidence, enthusiasm, fairness, eventemperedness, maturity. SALARY AND BENEFITS Current salary to present manager with 5 years service is $45,236 . 00 . Benefit .package includes a medical/dental insurance, life- insurance, PERS Retirement Plan, car allowance, and deferred compensation. This is comparable to other cities in the area. Specific salary and benefit package is negoti- able depending on qualifications and experience. TENTATIVE: SELECTION' P.ROC.E:SS JarLuary 5 Closing deadline for resumes January Initial screening of candidates February Completion of personal profile by selected candidates February Interviews (Assessment Process) of selected applicants February Council screening of semi-finalists March Council interviews of finalists March Reference checks March Selection of City Manager feting Date : 11/13/84 Agenda Item E-1 • M E M O R A N D U M TO: Board of Directors V9 November 13, 1984 FROM: Ralph Dowell Acting Secretary SUBJECT: SANITATION RATE APPEAL Attached, is a request from the owner of Nardonne' s Pizzeria concerning the rate for sanitation services. The appeal basically addresses the change in rates for restaurants under 40 seats and those over 40 seats. I will address the Council on this matter once the appellant has presented their case. RD:kv Attachment ..... ♦'.1...... . •.... a t<-\-.a v a\ . C t't'• i♦ . 1 4 \• < • \• • .. . . . ..\ . • . .. • . .. a . • • .\\ ••. . J l \. • • . a . . \ a . t t • e .. a < USI g34Z3 COUNCIL ETING : 11/13/84 ITEM NUM ADDED ITEM C . O . • MEMORANDUM TO: City Council November 9, 1984 FROM: Ralph H. Dowell, Jr Acting City Managr SUBJECT: REQUEST FOR SPECIAL ENFORCEMENT TO THE ATASCADERO UNIFIED SCHOOL DISTRICT I received the attached memorandum from the Police Chief too late to include in the Council Agenda for November 13th, but it is an item I will discuss during my time. I feel the memorandum is self explanatory and certainly justifies an immediate response on our part. Basically, we would meet this requirement by using volunteer officers who would serve on their regular days off and be com- pensated at their normal rate of pay apd benefits, which would be paid for by the School District on a monthly basis. Option 1 should be discussed during our mid-year budget review, as it involves the hiring of a provisional officer to serve as a School Resource Officer even though the funding through June • 30, 1985 would be paid for by the School District. Option 2 would be an item of consideration for our normal budget review for Fiscal Year 1985-86 . It is my recommendation that Council concur with my recom- mendation to support this program with a starting date of November 19, 1984. RHD:kv Attachment • 7 Y M E M 0 R A N D U My j✓ TO: CITY MANAGER FROM: CHIEF OF POLICE SUBJECT: REQUEST FOR SPECIAL ENFORCEMENT - ATASCADERO UNIFIED SCHOOL DISTRICT DATE: NOVEMBER 7, 1984 As you know, Dr. Avina and I, along with our respective staffs, have been discussing mutual enforcement problems associated with activities in the areas of the high school and junior high school. - Concerns identified by P.D. and school staff include: -Loitering and suspicious activities of students and young adults around high school on school grounds, and perimeter in creek areas and West Mall lawn (center divider) . -Same problem, creek area and gathering points contiguous to - Atas. Jr. High School. Continuing truancy violations involving A.U.S.D. students. While our officers are already dealing with these problems to some degree; by virtue of our on-going day-to-day activity level, our attention to the identified concerns is sporadic, unfortunately. Dr. Avina and I both agree, that to combat the stated problems, we must employ consistent and active enforcement measures in order to impact the areas addressed. As indicated previously, existing work load is such that we cannot, with present manning levels, dedicate a full-time officer to this special enforcement need. In keeping with this, Dr. Avina and I developed the proposal which calls for the special assignment of officers (on their regular days off) who will deal with - the identified trends of mutual City and School problems on selected days. Officers volunteering for this task are to be compensated at the regular rate plus benefits and the School District shall pay (on a monthly billing basis) all costs. I believe that this approach is a reasonable solution to the stated problems, however, Dr. Avina and I concur that the long- range approach should include the appointment of a full-time "School Resource Officer" who is jointly funded as previously proposed. (A.U.S.D. presently has $14 ,000 earmarked for such a program. ) In my view, there are a few options to consider during the next couple of months: 1. Appoint ("provisional" ) one additional officer to serve -as