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HomeMy WebLinkAboutAgenda Packet 10/12/1981 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting October 12 , 1981 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar , are con- sidered 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 September 28 , 1981 (RECOMMEND APPROVAL) i2. Treasurer ' s Report , 9-1-81 to 9-30-81 (RECOMMEND APPROVAL) 3. Departmental Review R810806 : 1 , 7313 Santa Ysabel , Steven Garman (Gaylen Little) , to allow construction of on`e-bedroom unit (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) 4. Tentative Tract Map AT 810806 : 1 , 7320 Sombrilla and 7313 Santa Ysabel , Steven Garman (Gaylen Little) , to allow subdivision of an existing two-lot , ten unit apartment com- plex and one proposed unit into a one lot tract with eleven air space condominiums (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 5 . Tentative Tract Map AT 810811 : 1 , Northwest CornerofMorro Road and Santa Ynez , Paul Washburn (Twin Cities Engineering) to allow subdivision to create 15 air space office condomin- iums (RECOMMEND APPROVAL OF PLANNING COMMISSION- RECOMMENDA- TION) 6 . Tentative Parcel Map AT 810722 : 12 4605 Carrizo Road , Ralph Brink (Hilliard) , to subdivide 5 .28 acres into two parcels of 2.5 and 2 .68 acres each (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 7. Lot Line Adjustment LA 810807 : 1, 7580 Valle Avenue, Antonio Arellano/Gene Stanley (Stewart) , to adjust existing lot line to resolve a building encroachment problem (RECOMMEND APPROVALOFPLANNING COMMISS-ION RECOMMENDATION) 0 AGENDA - ATASCADERO CITY COUNCIL - OCTOBER 12 , 1981 8. Acceptance of Parcel Map AT 800829 : 1 , 10325 Atascadero Avenue , Fred Hartman (Morgan) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 9 . Acceptance of Parcel Map AT 801210 : 1 , 2200 San Fernando Road , Allen Grimes (Fargan) (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 10 . Acceptance of Lot Line Adjustment LA 810227 : 1 , 10055 E1 Camino Real, Rex Hendrix (Associated Professions) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11 . Award of Bid No. 81-14 , storm drain improvements , to Conco Engineering, Inc . , in the amount of $6,1417 .00 (RECOMMEND ACCEPTANCE OF BID) 12 . Award of Bid No. 81-15 , street overlay project, to Madonna Construction in the amount of $86 , 238 .20 (RECOMMEND ACCEPT- ANCE CCEPTANCE OF BID) 13 . Award of Bid No. 81-16 , utility vehicle , to Cushman Motor Sales, Inc . , in the amount of $7 ,732. 36 (RECOMMEND ACCEPTANCE OF LOW BID) B. HEARINGS, APPEARANCES AND REPORTS 1 . Report by City Manager on commission selection procedures C . UNFINISHED BUSINESS 1 . Resolution No. 29-81 adopting Memorandum of Understanding with the` Atascadero Fire Captains Bargaining Unit 2. Resolution No. 30-81 adopting Memorandum of Understanding with the Atascadero Firefighters ' Bargaining Unit 3 . Ordinance No 43 , real property transfer tax second reading D. NEW BUSINESS 1 . Resolution No. 31-81 amending Resolution No. 12-80 regarding Personnel Rules and Regulations to include impasse procedures 2. Reclassifying Assistant Civil Engineer position E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council 2 . City Attorney 3 . City Manager NOTE: The Cit Council will hold a closed session; after the regular mee discuss a personnel matter . I MINUTES - ATASCADERO CITY COUNCIL Regular Meeting September 28 , 1981 7: 30 p.m. A'tascadero Administration Building The meeting. was called to order at 7 : 30 p.m. by Mayor Wilkins with the Pledge of Allegiance. Mayor Wilkins also gave the invocation. ROLL CALL PRESENT: Councilmen Highland , Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT There was no public comment . A. CONSENT CALENDAR 1 . Minutes of the regular meeting of September 14 , 1981 (RECOM- MEND APPROVAL) 2. Lot Line Adjustment LA 810721 : 1 , 2100 Traffic Way, Levi Barrett (Stewart) , to adjust an existing lot line between Parcel A of AT 80-72 and parcel 1 of AL 77-183 (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 3 . Resolution No. 27-81 authorizing entering into a deferred compensation plan issued by Hartford Variable Annuity Life Insurance Company (RECOMMEND ADOPTION) Mayor Wilkins reviewed all items on the Consent Calendar. He noted that the meeting of September 14 , 1981 , adjourned at 8 : 45 p.m. MOTION: Councilman Mackey moved for the acceptance of the Consent Calendar . The motion was seconded by Councilman Nelson and unanimously carried. B. HEARINGS , APPEARANCES AND REPORTS 1 . Report on Departmental Review R810811 : 1 , 7315 El Camino Real , Bob Lawrence, to establish game arcade Mr . Warden stated that this item would normally have appeared on the Consent Calendar , however , because Staff expected public comment on this item, it was scheduled as an agenda item. Mayor Wilkins asked for any comments regarding the proposed arcade in the Adobe Plaza. Those speaking in opposition to the arcade ' s lo- cation were Ron Von Felden , Attorney for the tenant at the Sugarless Shack; Don Chapman, Sugarless Shack; Earl Murie , Venus de Milo; David MINUTES - ATASCADE*CITY COUNCIL - SEPTEMBER q, 1981 Graham, resident behind the proposed arcade ; Anna Fleming and Karen Belcher , Mary Anne ' s Hallmark; Melanie Karp, Calico Kids; and Norleen Ginther , Ginther ' s Menswear . The tenants in the Adobe Plaza were ba- sically concerned with the possibility of loitering by teenagers around the businesses in the area and disturbing their patrons . They cited disturbances when the last arcade was located in the Plaza. Those speaking in favor of the Arcade ' s operation were Bob Lawrence, applicant; David von Ter Stegge, attorney for Ed Worthan , lessor of the Adobe Plaza; and Mr . Robert , attorney for Bob Lawrence . The proponents cited clauses in the applicant ' s lease which estab- lishes control of the business and required adult supervision of the patrons . Council members discussed this matter with Councilmen Mackey and Nelson opposing the arcade at this location and Councilmen Highland , Stover and Mayor Wilkins of the opinion that the applicant should be given an opportunity to establish his business in the Adobe Plaza and show his ability to run an acceptable operation . Mr . Warden advised that if the Council was to alter any of the conditions of the Planning Commission ' s recommendations , it would be necessary to schedule the matter for a full public hearing. MOTION: Councilman Stover moved for acceptance of the Planning Commission ' s recommendations regarding the arcade at the Adobe Plaza. The motion was seconded by Councilman Highland and carried on the following roll call vote: AYES: Councilmen Highland , Stover and Mayor Wilkins NOES: Councilmen Mackey and Nelson RECESS 8: 17 p.m. RECONVENED 8:22 p.m. 2. Report from Citizen ' s Parking Committee regarding, parking limitations Erwin Manning, representing the Citizen ' s Parking Committee , re- viewed the Committee 's recommendations regarding parking in the down- town Atascadero area. The basic difference between the Traffic Com- mittee ' s recommendation and the Citizens ' Committee recommendation was in areas where the Traffic Committee was recommending "no parking" the Citizens' Committee was recommending 112-hour parking" . The Citizens ' Committee felt that there is a need for on-street parking and that there has not been a demonstrated safety hazard under present condi- tions . The Traffic Committee based its recommendation on the high traffic volumes , adequate off-street parking, and demonstrated sight distance problems . Councilman Highland expressed his desire to have one space on the traffic side of each curb cut ,kept clear. He felt that the City should start with the least restrictive measure and only work to a more restrictive position if it proves necessary. 2 MINUTES - ATASCADERAITY COUNCIL - SEPTEMBER 20 1981 The Council approved the following parking restrictions : Two-hour parking from the crosswalk in front of the bowling alley to Hunt ' s Insurance on both sides of El Camino Real; except no parking from Capistrano to the driveway into the Rancho Tee Motel , no parking in front of the Century Federal Savings building, and no parking in front of Mid State Bank and the Mobil Gas Station . Two hour parking on Traffic Way, Entrada and on the north side of West Mall from El Camino Real to Lewis Avenue , and on Palma Avenue from Traffic Way to West Mall; except for five diagonal spaces in front of the Post Office which will be 12-minute parking and diagonal spaces on the south side of Entrada from Palma Avenue to Lewis Avenue. Also , one space should be kept free on the northwest corner of Traffic Way and Palma to allow a clear view for traffic making a left turn and one space at the corner of El Camino Real and Entrada for traffic mak- ing a right turn onto Entrada. Additionally, sight clearance zones would be maintained at all driveway locations . Mr . Warden advised Council that the Traffic Engineer does not con- cur in this recommendation . He noted that the proposal would have to be forwarded to CalTrans for their approval for the restrictions on El Camino Real since that is a State highway. MOTION: Councilman Mackey moved for approval of the proposal pre- sented by the Citizens Parking Committee . The motion was seconded by Councilman Stover and unanimously carried . 3 . Oral report from the Recreation Director regarding recreation activities Skip Joannes reviewed the goals established when he first joined the Department and how those goals have been met to date. One of the goals has been to develop a well-rounded department and he reviewed the activities being offered and the community' s participation in them. Another goal was to acquire recreation facilities with Mr . Joannes reviewing the grants that have been applied for in order to acquire facilities . He also reviewed the uses of existing City facil- ities. Another goal has been to develop a working relationship with the schools for use of their facilities . Council thanked Skip for his report and commended him on his de- velopment and handling of recreation programs . C. UNFINISHED BUSINESS 1 . - Ordinance No. 42 amending the Animal Ordinance - second read- ing MOTION : Councilman Highland moved that Ordinance No. 42 be read by title only. The motion was seconded by Councilman Nelson and unanimously carried . 3 MINUTES - ATASCADEOCITY COUNCIL - SEPTEMBER 0, 1981 Mayor Wilkins read Ordinance No. 42 by title only. MOTION: Councilman Highland moved for adoption of Ordinance No. 42 . The motion was seconded by Councilman Nelson and unanimously carried by roll call vote . D. NEW BUSINESS 1 . Ordinance No . 43 creating Chapter 2 to Title 3 of the Atasca- dero Municipal Code , entitled Real Property Transfer Tax first reading Mr . Warden explained that this is an ordinance currently in opera- tion under the City' s adopted County Code and is presented here for adoption as a City ordinance. MOTION : Councilman Highland moved that Ordinance No. 43 be read by title only. The motion was seconded by Councilman Stover and unanimously carried . Mayor Wilkins read Ordinance No. 43 by title only. MOTION: Councilman Highland moved that this constitute the first reading of Ordinance No. 43 . The motion was seconded by Councilman Mackey and unanimously carried by roll call vote . 2 . Resolution No. 27-81 approving the application for grant funds under the Roberti-Z 'Berg Urban Open-Space and Recrea- .10 tion Program for the Southern Atascadero Park Development project Mr . Warden reviewed the proposal for the 20 acre park in south Atascadero. The 'City is asking for $200 ,000 to start development of an estimated $950 ,000 overall park project . This application enables the City to be considered for grant monies . MOTION: Councilman Nelson moved that Resolution No. 27-81 be read by title only. The motion was seconded by Councilman High- land and unanimously carried . Mayor Wilkins read Resolution No. 27-81 by title only. Mr . Doug Lewis pointed out that Council had adopted a Resolution No. 27-81 earlier in the agenda. Council changed the present resolution to No. 28-81 . MOTION Councilman Nelson moved for the adoption of Resolution No. 28-81 . The motion was seconded by Councilman Highland and unanimously carried by roll call vote. 4 MINUTES - ATASCADERO CITY COUNCIL - SEPTEMBER 20, 1981 3. Recommendation of the Mayors in San Luis Obispo County for . City Councils to adopt policies regarding the San Luis Obispo Area Planning and Coordinating Council (SLO' COG) Mr . Warden reviewed the letter from Mayor Pro Tem Juanita Qualls of Grover City regarding the reorganization of SLO COG and his memo to Council . Mainly, the Mayors felt that the operation of the Area Coun- cil activities should be in accordance with the existing agreement . It was noted that practice had caused the Area Council to evolve into an activity beyond the scope of the original agreement. An example is that the agreement required receipt of the agenda at least two weeks prior to any Area Council meeting so that City Councils may review the items and instruct their representative how to vote . In practice , the Area Council staff has not complied with the requirement resulting in an inability of Councils to consider agenda items . The Mayor ' s group not agree with the County' s proposal to place the Area Planning Council under the direction and supervision of County offices . The Mayors would like to see the present arrangement remain, that is that the Area Council staff be responsive to the Area Council , not to the County or its staff. The Mayors also want the name of the agency to reflect that it is a planning and coordinating council rather than a council of govern- ments . MOTION : Councilman Highland moved that Council approve the Mayors position. The motion was seconded by Councilman Stover and unanimously carried . 4 . Payment of contractor ' s penalty; transfer of $36 ,650 from Contingency Reserve Mr . Warden stated that during the paving and grading of City streets by Jerry Lueck, the City was required by the Division of Labor Standards to withhold certain- contra.ct payments and forward them to the State for disbursement to Mr . Lueck ' s employees. The amount of $3 , 650 was carried forward to this fiscal year as apart of Contin- gency Reserve since the City had not received a request for payment. The State has just recently made such a request . MOTION: Councilman Highland moved that Council approve transfer of $3 , 650 from Contingency Reserve for payment of the contrac- tor ' s penalty. The motion was seconded by Councilman Stover and unanimously carried by roll call vote . 5 . Purchase of asphalt curb machine Mr . Warden stated that the Public Works Department was requesting approval to purchase an asphalt curb machine with surplus funds from the bid for an air compressor purchased at less cost than budgeted . 5 MINUTES - ATASCADE10CITY COUNCIL - SEPTEMBER q, 1931 MOTION: Councilman Nelson moved for approval of purchase of an as- phalt curb machine . The motion was seconded by Councilman Highland and unanimously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 . City Council (a) Councilman Nelson announced that because he is unable to talk with citizens during his working hours , he will be in the City Offices each Monday between 4 : 00 and 5 : 00 p.m. for either appointments or telephone calls; the extension number is 134 . (b) Councilman Mackey stated that she was glad to see the street striping accomplished . (c) Councilman Mackey was concerned about the oil explora- tion being done in the City and wondered who would benefit from the project if oil is found . (d) Councilman Highland asked if Staff could look at the old Texaco gas station and' the one across from the Sunken Gardens for a possible site for the Greyhound Bus Station. He stated that there are several problems with its present - location and Grey- hound might be pursuaded to look for an alternate location . (e) Mayor Wilkins asked about the bids for the sewer plant and Mr . Warden stated that they would be open tomorrow. 2. City Attorney Mr . Warden stated that Mr . Grimes was absent due to illness . 3. City Manager (a) Mr . Warden stated that John Kennaly, Assistant Civil Engineer , had resigned and that he recommended reclas- sifying this position to an Associate Engineer to upgrade it . (b) Mr . Warden stated that a League of California Cities Bulletin published this week noted that the Governor would be signing a Bill (SB215) authorizing a $ . 02 increase of the gas tax to provide for additional streets and highways construction . This will not go into effect unless the Boards of Supervisors representing 2/3 of the State ' s population pass a resolution imposing that tax . He encouraged Council members to contact the Board of Supervisors seeking this resolution . (c) Mr . Warden reported that SB230 recently enacted will allow options as to the dates for h.olding municipal elections. It will allow cities to consolidate their municipal elec- tion with state-wide elections in June or November . - 6 MINUTES - ATASCADERO CITY COUNCIL - ,SEPTEMBER 210 1981 (d) Mr. Warden stated that the Department of Social Services in sponsoring a forum on child abuse on November 9th in Santa Barbara. Interested people can contact him for further in- formation . (e) Mr . Warden requested a closed session to discuss labor negotiations; he stated also that there may be an announcement at the conclusion of the meeting. ( f) Mr . Warden and Larry McPherson reviewed the proposed agenda for the next SLO COG meeting and made recommenda- tions for approval of the various items . Council concurred. (g) Mr . Warden stated that the County ' s use of personnel in the Police Department during the blockade at Diablo Canyon had cost the City in excess of $5 , 000 . The meeting adjourned to closed session at 9 : 51 p .m. and returned to regular session at 10 : 03 p.m. Mayor Wilkins recommended approval of the Memorandum of Under- standing between the City of Atascadero and the Firefighters Bargain- ing Unit and the Fire Captains Bargaining Unit . The members of these bargaining units had signed the proposed agreements . The agreement included that basic salaries are retroactive to July 1 , 1981 and in- cludes full dependent medical coverage , City schedule for vacation and sick leave and the District ' s holiday plan and drops the longevity plan approved under the District agreement. Both parties agreed to cease and desist with prejudice the existing law suit brought by the Firefighters Association against the City of Atascadero. MOTION: Councilman Highland moved that Council approve the MOU be- tween the City of Atascadero and the Firefightes Bargaining unit . The motion was seconded by Councilman Nelson and unan- imously carried. MOTION : Councilman Highland moved that Council approve the MOU be- tween the City of Atascadero and the Fire Captains Bargaining Unit . The motion was seconded by Councilman Mackey and unan- imously carried. MOTION : Councilman Highland moved that Council approve transfer of $20 , 886 from Contingency Reserve to the Fire Department pay- roll budget . The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 7 MINUTES - ATASCADEfCITY COUNCIL - SEPTEMBER 28 , _1981 The meeting adjourned at 10 : 08 p .m. Recorded by: MURRAY L . WARDEN , City Clerk By: Ardith Davis Deputy City Clerk 8 CITY OF ATASCADERO TREASURER' S REPORT September 1 , 1981 to September 30 , 1981 • BALANCE AS OF AUGUST 31, 1981 $ 38 . 52 RECEIVED 413 ,940 .44 TOTAL $ 413 ,978 .96 CHECK REGISTER DATED 09/15/81 11 ,337 . 47 of " It 09/24/81 62 , 141 . 93 PAID LISTING 294 ,860 . 78 TOTAL $ 368 ,340 . 18 BALANCE AS OF SEPTEMBER 30 , 1981 45 ,638 . 78 PETTY CASH 53 . 25 LOCAL AGENCY INVESTMENT FUND 110 ,000 . 00 TIME DEPOSIT, MID-STATE BANK 15. 50% Interest, Matures 10/20/81 100,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 16 . 25% Interest, Matures 10/20/81 100 ,000 . 00 TIME DEPOSIT, BANK OF AMERICA 16 . 00% Interest, Matures 11/16/81 100 ,000 . 00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS 18 . 25% Interest, Matures 11/18/81 100 ,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 17 . 125% Interest, Matures 11/19/81 100 ,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 17 . 375% Intei€st, Matures 12/10/81 100 ,000 . 00 TIME DEPOSIT, SANTA BARBARA SAVINGS 18 . 50% Interest, Matures 12/14/81 100 , 000 .00 TIME DEPOSIT, FIDELITY SAVINGS 18 . 125% Interest, Matures 12/21/81 100 ,000 . 00 TIME DEPOSIT, SECURITY PACIFIC NATIONAL BANK 17 . 50 Interest, Matures 01/12/82 100 ,000 .00 TIME DEPOSIT, MID-STATE BANK 16 . 80% Interest, Matures 01/13/82 100 ,000 . 00 TOTAL $1 ,155,692 . 03 • CITY OF ATASCADERO TREASURER' S REPORT September 1 , 1981 to September 30 , 1981 I, RALPH H. DOWELL, JR. , do hereby certify declare that the demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. RALPH H. DOWELL, JR. Finance Director M RRA WARDEN City tanager -2- • • RECEIVED LISTING SEPTEMBER 01 , 1981 TO SEPTEMBER 30 , 1981 TAXES Sales & Use $ 125 , 308 . 78 Property Transfer Tax 3,018 .00 Motor Vehicle "In Lieu" 23 , 180 .00 Cigarette Tax 5 , 393 .00 All Other Taxes Taxes 68 ,055 . 17 GAS TAX 6 , 192. 65 TRAFFIC SAFETY 3 , 157 . 34 RECREATION 4 , 635 .50 • FROM L.A. I .F . 75 ,000.00 FROM TIME DEPOSIT 100 ,000 . 00 TOTAL $ 413 ,940 .44 • -3- • 0 PAID LISTING September 1 , 1981 to September 30,, 1981 • 09/09/81 Payroll 6113-6190 $ 37 ,010 .91 09/23/81 Payroll 6191-6265 37 ,275 . 65 09/01/81 Pacific Guardian P2254 Life Ins. 304 . 50 M.J. Hermreck, Inc. P2255 Overlay 13 , 174 . 20 CCCJPA Medical P2256 Medical Ins. 4 ,897 . 26 Michael Shubin P2257 School Reimb. 120 . 62 09/02/81 Charles Hazelton P2258 Travel Expense 40 . 00 Thomas Vestal P2259 School Advance 468 . 00 09/03/81 Ralph & Wendy Lewis P2260 Refund 151 . 00 L.W. Allen P2261 Refund 45 . 50 Alvin Caughey P2262 Refund 100 . 00 Delores Simons P2263 Refund 6. 50 Mr. & Mrs. Keith Ogle P2264 Refund 54 . 00• Mr. & Mrs . Mike Lucas P2265 Refund 44 . 00 Barbara Hunt P2266 Refund 6 . 50 Don Heath P2267 Refund 250 . 00 Paul Weems P2268 Refund 505 . 00 State Traders Corp. P2269 Refund 250 . 00 CCCJPA-City of SLO P2270 Workers Comp 48 .43 Halprin Supply P2271 Hose & Connectors 538 . 48 Hewlett-Packard P2272 Supplies 170. 82 North American Van P2273 Freight 158 . 19 09/04/81 Santa Maria Court P2274 Bail 91 . 00 09/04/81 Lawrence McPhearson P2275 Travel Advance 580 . 00 Senior Citizens P2276 Donation Agreement 400 . 0 09/10/81 Petty Cash P2277 Reimburse petty cash 98. 85 -4- • PAID LISTING • September 1 , 1981 to September 30 , 1981 009/10/81 Steve Devencenzi P2278 Contract Planner 409 . 50 Paso Robles Court P2279 Bail 117 . 00 09/11/81 Robert Moore P2280 Lawn Maintenance 1 ,410 . 00 Atas . Police Assoc. P2281 Association Dues 135 . 00 Atas. Federal Credit P2282 C/U Deposits 1 ,721 . 50 City-County Credit P2283 C/U Deposits 107 . 50 Mid-State Bank P2284 Federal Taxes 8 ,559 . 28 Joan Crumb P2285 Refund 186 .00 09/15/81 Emp. Dev. Dept. P2286 State Taxes 2 , 782 . 91 PERS P2287 Retirement Deposit 9 ,267 . 27 09/16/81 Mid-State Bank P2288 L.A. I .F. Deposit 50 ,000 . 00 Paso Robles Court P2289 Bail 168 . 00 • U.S. Post Office P2290 Fill Postage Meter 500 . 00 Murray Warden P2291 Travel Advance 200 . 00 Santa Maria Court P2292 Bail 117 . 00 Void check' #2279 P2279 Voided [ 117 . 00 ] 09/18/81 Gary White P2293 Vacation/Overtime 523 . 38 09/22/81 Mid-State Bank P2294 L.A. I .F. Deposit 100 , 000 . 00 Don Leib P2295 Travel Advance 285 . 00 Joel Moses P2296 Over deduction 60 . 00 Bruce Kramer P2297 Over deduction 60 . 00 09/23/81 Gary White P2298 Reimburse underpay 353 . 25 Void check #6233 6233 Void [ 120 . 17 ] Gary White P2299 Comptime Payment 28 . 02 09/24/81 Cal-West Photo P2300 Zoom Duplicator 74 . 36 • City-County Federal P2301 C/U Deposit 107 . 50 -5- PAID LISTING September 1, 1981 to September 30 , 1981 • 09/24/81 Jorgensen & Co. P2302 Gauges & Defusers 467 . 99 Donna Laughlin P2303 Refund Recreation 20. 00 Atas. Federal Credit P2304 Deposit 1 ,681 . 50 Dorothy Robinson P2305 Refund Permit 190 . 30 Atas. Police Assoc. P2306 Police Assoc. Dues 142 . 50 Mid-State Bank P2307 Federal Taxes 9 ,407 . 39 09/30/81 Walter Ohlig P2308 Programming 2 ,720 . 00 General Telcom P2309 Final Payment Phones 4, 184 . 32 Club 50 P2310 Refund 168 . 50 Citrus Judicial Dist. P2311 Bail 130 . 50 Perry & Ring P2312 Bldg. Engineering 4 , 756 . 00 Bay Typewriter P2313 Calculator 190 . 83 Void ck #12212 12212 Void [ 120 .850 Void ck # '12266 12266 Void [ 20. 45 ] Void ck # P2286 P2286 Void [2 ,782 . 91 ] Check error adjustment . 45 $ 294 ,860 . 78 -6- j 1 µ. . � 't zn D ! D rJ N 1 I N N N f N N rJ i Tu N I N I 3?I in ^C E N N N N N N rJ :J I N r0 N i w n z C D - I W It 1 a ' r0 OaD { P (ll I V.x -C a 1 � 1 o o I o o {+ a o o V 0 I V o b fff co W w f ra I N i mo k ^` N 10 Ln r n n n O 1 t Q p c _S �. .. :> i f m O -H + } ltf{ O i E = r D D j t-+ , 17 . f?� } n m Z I 11 i rz :O 111 V) n E m 1 7C } D m ey r` trs i as I J C: r m , r f I Z ;0 O { i ri O + z. w i g tt H iTl t N O yi 9 at .. 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CO a) L^.L'1I O, NNhI oo cc oa oc 1 , -18- 0 M E M O R A N D U M � J TO: CITY MANAGER 6U 6 / October 6 , 1981 l FROM: PLANNING DIRECTOR SUBJECT : Departmental Review R810806 : 1 LOCATION: 7313 Santa Ysabel (Lot 13 , Block IA) APPLICANT: Steven Garman (Gaylen Little) REQUEST: To allow construction of one one-bedroom 'unit On October 5 , 1981 the Planning Commission conducted a public hear- ing on the proposed apartment construction unanimously approving the request subject to Conditions 1-15 as listed in the attached Staff Report. There was no discussion among the Planning Commission on this matter . Steve Garman, applicant, and Gaylen Little , representative, indicated their concurrence with the recommendation . No one else appeared on the matter . i LAWRENCE STEVENS KUAY WARDEN Planning Director C ' ty Manager /ps f..�� r nig! P CLTY OF ATASCADERO c 1979 Planning Department October 5 , 1981 STAFF REPORT SUBJECT: Departmental Review R810806 :1 LOCATION: 7313 Santa Ysabel (Lot. 13, Block IA) APPLICANT Steven Garman (Gaylen Little) REQUEST: To allow construction of one one-bedroom unit BACKGROUND 1. Existing Zoning: R-2-B-2-D (506) 2. General Plan: High Density Multiple Family 3 . Lot Size: 99. 92 ' X 172 . 69 ' = . 396 acres 4 . Allowable Density: 36 people/acre X 0 . 396 acre = 14 people 5. Requested Density: 14 people 6 . Environmental Determination: The application is exempt from the requirements of the California Environmental Quality Act (CEQA) according to the provisions of Class 3 (b) . 7, Site Conditions: The subject site slopes slightly down from the rear property line to Santa Ysabel, The lot is currently developed with four two-bedroom apartment units and landscaping and provides approximately seven uncovered parking spaces. Access to Lot 13 is provided via a central driveway off Santa. Ysabel. City sewer and water are available to the site. 8. Project Description: The applicant is proposing to construct one additional one story, one bedroom, 1100 sq. ft. unit with an attached 260 sq, ft. garage on the site. The unit would be constructed of similar style as existing units and would be located along the southerly property line generally in the existing parking area. - The applicant also proposes a slight relocation of the 20-foot wide driveway and provision for two new open parking spaces adjacent to the new unit on the northwest. Page Two Re: Departmental Review R810806 :1 (Garman) October 5 , 1981 STAFF COMMENTS On Thursday, September 10 , 1981 the Subdivision Review Board reviewed this application in conjunction with the Tract Map application (AT 810806 :1) to create air space condominiums. Attending the meeting were the applicant, Steve Garman, and his representative, Gaylen Little; Larry Stevens , Planning Director; Mary Beatie, Associate Planner; Joel Moses, Associate Planner; and Wayne LaPrade, Planning Commissioner. The following items were dis- cussed with regard to the Departmental Review application. 1) Minimum width required for driveway onto Santa Ysabel would be 20 feet. 2) Require paved and enclosed trash storage area. 3) Require paved and striped parking. Site plan incorrectly shows four parking spaces along northeasterly property line; physically there is only room for three, and no tree removal would be allowed. 4) Site plan shows new unit to be a two bedroom. Allowable den- sity would only permit a one bedroom. 5) Verify dimension of northerly side yard. Judging by grading and landscaping on adjacent lot, side yard appears less than 15 feet. 6) Require grading plan for area of new building and parking. 7) No additional fire hydrants are necessary. 8) Plan does not indicate any tree removal . 9) Size of bedroom may need to be modified to. prevent future con- version to two bedrooms . 10) Design of building will be similar to existing building. It should be noted that the floor plan is identical to that initially submitted for a two bedroom unit with one wall removed. The bedroom size seems excessive and it could easily be converted to a two bedroom unit and conflict with current density standards . Page Three Re: Departmental Review R810806 :1 (Garman) October 5, 1981 FINDINGS 1. The site of the proposed residential use is adequate in size and shape to accommodate said use and all yards , fencing, parking, landscaping and other features required by the Atas- cadero Municipal Code. 2 . Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated. 3 . The proposed use will have no adverse effect on abutting prop- erty or the permitted use thereof provided all conditions which follow are complied with. 4 . The establishment and conduct of the multiple family residential use for which the Departmental Review is sought will not be detrimental to the public welfare or be injurious to property or improvements in said neighborhood. 5. The application is exempt from the requirements of C.E.Q.A. RECOMMENDATIOrd Based,,upon the above findings , the Planning Department recommends approval of Departmental Review R810806 :1 subject to the following conditions : , 1. Site development including buildings, aisles , parking, land- scaping and other features shall be consistent with plans submitted and modifications as required by other conditions which follow. 2 . Building architecture to be consistent with elevations submitted. a. Any new roof-mounted mechanical equipment shall be screened from view from adjacent streets and properties in a manner approved by the Planning Department. 3 . Submit two copies of detailed landscape and irrigation plans for new planting areas indicating size, type and spacing of proposed plant materials for review and approval by the Plan- ning Department prior to issuance of building permits. a. Raised concrete curbs or similar shall border each planter area.. Page Four Re: Departmental Review R810806 :1 (Garman) October. 5 , 1981 b. Plant materials shall be sized to achieve a mature appearance within three years . C. The type of irrigation system shall depend upon the plant materials used and their watering needs . 4 . Submit two sets of grading and drainage plans indicating grade of building pads, pavement elevations , flow lines at top of curb, etc. , for review and approval by the City Planning and Public Works Departments prior to issuance of any permits. a. Drainage from site shall not be allowed to flow directly to adjacent properties or across any public sidewalks or driveways. b. All grading onsite shall conform to Appendix Chapter 70 of the Uniform Building Code especially as it relates to com- paction of any imported fill on the site . Any grading necessary for site development shall be subject to first securing proper permit and approval from the Planning Department. C. The drainage and grading plans shall make adequate pro- vision for control of erosion. 5. Onsite signing shall be limited to an aggregate area of 20 square feet< for the entire project site, not to exceed the height of the building unless a Conditional Use Permit is secured, 6 . Lighting fixtures shall not project above the roof of the building and shall be designed to minimize onsite and off- site glare. 7. A minimum of six (6) 91 X 20 ` parking spaces including the proposed garage shall be provided. Parking and access areas shall be paved with a minimum 2" AC on adequate base , and spaces shall be paint striped. Wheel stops or approved functional equivalent shall be provided. a. The driveway onto Santa Ysabel shall be a minimum of 20 feet wide. All other driveway aisles shall also be a minimum of 20 feet except where back-up space is necessary behind parking spaces, in which cases a clear area of 24 feet shall be provided behind each parking space. • b. A revised parking layout, if necessary, incorporating the above requirements shall be submitted for review and ap- proval by the Planning Department at the time of building permit application. Page Five Re : Departmental Review R810806 :1 (Garman) October 5, 1981 8. All new utilities and utility connections shall be placed underground 9. The project shall be connected to community water and sewer system. Submit evidence from the Atascadero Mutual Water Company and the Atascadero County Sanitation District indi- cating that they are willing and able to provide service prior to the issuance of permits . 10 . No parking or structures will be permitted within the- 25-foot front yard setback as measured from the edge of the right-of- way (property line) . 11. Provide paved and enclosed trash storage areas. Location of storage area to be approved by Planning Director at time of building permit. 12. Applicant shall install concrete curb, gutter, and sidewalk along the Santa Ysabel frontage of the subject property prior to final building permit (or prior to recordation of Final Map - Ref AT 810806:1 - whichever occurs first) . a. Said improvements shall be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. b. Improve;nents may be deferred by improvement bond or similar guarantee. 13. In the event that archaeological resources are discovered on the subject site during construction of this project, said resources are to remain undisturbed after recovery and con- struction activity shall cease immediately. The Planning Department is to be notified so that proper disposition of the resources may be accomplished. 14 . This Departmental Review R810806 :1 is granted for a maximum period of one year from the date of final approval unless an extension of time is granted by the Planning Director pursu- ant to a written request filed a minimum of ten days prior to the expiration date. 15. All conditions of approval established herein shall be com- plied with prior to occupancy of the building by the proposed use. Page Six Re: Departmental Review R810806 :1 (Garman) October 5, 1981 ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions . TO DENY: Motion setting findings for denial. REPORT PREPARED BY: -�'.� MARY L�l BEATIE Associate Planner REPORT APPROVED BY: • LAWRENCE STEVENS Planning Director /Ps RpB� q - q'20a n48°ZC( 50 F W 1 v 1J N T w CD CD nETO �G _(D O CD O Q -. :3 cr O rT o CD 214 42 ^' (� II7 (DD =3 t 0 0 0 Q) r+ .>y (-) Co O Q O H O 1 9 7 TJ O CD - rO+ D A ti O CD GQ O n z 1/ 10 0 W rN-► n �. O w CD CD T n > s 194 It T CD tv %< (D OCL �t r 1 N _ ---1111 n rT N• lJ c m �- -- D 19769 I _ 1 CD 0O > (A � _ Y D 2 O to �• h C7 Cwt N Ln CD m 11 I ( rn O — � 1 y 1 CA m a O n `8 � 2 CP 1 7 :J Oo J O � G zzy lf) 232 75 N N D 244 44 °_ \ G O a 0-1 b'OV a .� O y D o tT1 u ie'c��_ �` 1 l N D RR 917E LC64770.V A44 _ _----,--- NGRE ' 5p SAN ,.,�•--� � �� 4 73/3 6A N7A L154AEL • r i N N E/ 43 ^ `- Div, � `\ i 1 a •%� y pk,. 0 j � � bin ql v�1L i �a�-a v p 5 i5. y •� 1 �e L R z iy0 C -41 I 7,9 IN P'A6 -rzv , 2 A S a°, /rti0 1y icy { [^ � 3. r P h 50 e t iI 6 1�\`�'2 z -,� r �, �-� ,� '" ♦z���s;9�, a '.\9e ��1 �\9�\\ V 23 6 2 2 2G �J 23 � � l, '�� N, 24 ' yP 222 ��,\�j/ i ; J 7313 <S A,/ A y5sIr8�L ,} tStx C�1 12 Iz a � � I 9 rr! 1Ij i L I S PLAA) 73/3 ` yEL Lo i 15 fjL G -rA M E M O R A N D U M TO: CITY MANAGER 101 �/ October 6 1981 FROM: PLANNING DIRECTOR SUBJECT : Tentative Tract Map AT 810806 : 1 LOCATION: 7320 Sombrilla and 7313 Santa Ysabel (Lots 13 and 16 , Block IA) APPLICANT: Steven Garman (Gaylen Little) REQUEST: To allow subdivision of an existing two-lot , ten unit apartment complex and one proposed unit into a one lot tract with eleven air space condominiums . On October 5 , 1981 the Planning Commission conducted a public hear- ing on the proposed condominium conversion unanimously approving the request subject to Conditions 1 -6 as listed in the attached Staff Report . There was no discussion among the Planning Commission on this matter . Steve Garman, applicant , and Gaylen Little , representative, indicated their concurrence -with the recommendation . No one else appeared on the matter . i6a WX41- LAWRENCE STEVENS MU R L . WARDEN Planning Director City Man ger /ps ..rear• -:�(� r:'�I�_ r CITY OF ATASCADERO �l 1918 [I Fn r 1979 CADE�OPlanning Department October 5 , 1981 \�S ,i STAFF REPORT SUBJECT; Tentative Tract Map AT 810806 :1 LOCATION: 7320 Sombrilla and 7313 Santa Ysabel (Lots 13 and 16 , Block IA) APPLICANT: Steven Garman (Gaylen Little) REQUEST: To allow subdivision of an existing two-lot, ten unit apartment complex and one proposed unit into a one lot tract with eleven air space condominiums . BACKGROUND 1 . Existing Zoning: R-2-B-2-D 2. General Plan: Low Density Multiple Family (Lot 16) High Density Multiple Family (Lot 13) 3. Environmental Determination: The application is exempt from the requirements of the California Environmental Quality Act accord- ing to provisions of Class 3 (b) 4 . Site Conditions : The subject property slopes slightly from Som brilla Avenue on the high side to Santa Ysabel on the low side ." Both lots are currently developed with apartment units ( six on Lot 16 , four on Lot 13) , parking ( 14 uncovered spaces and two garages total on both lots) , and landscaping. All of the existing units are two-bedroom. Access to Lot 16 is via a driveway off Som brilla; access to Lot 13 is via a driveway off Santa Ysabel . City water and sewer are at the site. 5 . Project Description: The applicant is proposing to convert 11 units _ (ten units exist at the site , the eleventh unit is being requested by Departmental Review R810806 : 1 which is being reviewed concurrently with this tract application) into air-space condo- miniums and to join Lots 13 and 16 together as one lot . The applicant has indicated that a $2,000 credit towards the downpay- ment of a unit will be given to any existing tenant. Tentative Tract Map 810806 : 1 (Garman) STAFF COMMENTS On Thursday, September 10 , 1981 the Subdivision Review Board met with the applicant, Steve Garpan, and his representative, Gaylen Little , to discuss the project . Also attending that meeting were: Larry Ste- vens , Planning Director ; Mary Beatie, Associate Planner; Joel Moses , Associate Planner ; and Wayne LaPrade , Planning Commissioner . The following items were discussed regarding the tract map: 1 . Requirement for curb , gutter and sidewalk along Santa Ysabel frontage. Any additional offers of dedication required by Public Works Department shall be shown on the Final Map. 2. Submit preliminary title report showing proper vesting and all easements of record affecting both lots . 3 . Continue to show compliance with Sections 66427 . 1 (c) , (d) , and 66452 .8 of the Subdivision Map Act . 4 . Submit CC&Rs prior to recordation of the Final Map. 5 . Incentive to purchase program for tenants . 6. Notice to new tenant; submit name, address and two sets of stick- on labels addressed to that tenant . FINDINGS 1 . Application as submitted is exempt from requirements of C. E.Q.A. 2 . Application as submitted conforms to applicable zoning and subdi- vision regulations and is consistent with the 1980 Atascadero General Plan. RECOMMENDATION Based upon the above findings , the Planning Department recommends approval of Tentative Tract Map AT 810806 : 1 subject to the following conditions : 1 . The applicant shall establish Covenants , Conditions , and Restric- tions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings and facilities . a. These CC&Rs shall be submitted for review and approval by the City Attorney and the Planning Department prior to approval of the Final Map. b. These CC&Rs shall be administered by a Condominium Homeowners Association. 2 Tentative Tract Map74T 810806 : 1 (Garman) 2 . The applicant shall comply with the following sections of the 1981 Subdivision Map Act : . a. Section 66427 . 1 (c) provision for 180 day written notice of intention to convert prior to termination of tenancy. b. Section 66427 . 1 (d) right to purchase unit for 90 days at same or more favorable terms. C . Section 66452.8 notice to new tenants that units are being converted. 3 . Applicant shall install concrete curb , gutter , and sidewalk along the Santa ysabel frontage of the subject property prior to approv- al of the Final Map. a. Offers of dedication shall be provided along the property frontages , if necessary. b. Said improvements shall be constructed under an inspection agreement and encroachment permit issued by the Public Works Department . C. Improvements may be deferred by improvement bond or similar guarantee. 4 . That all conditions of approval herein specified are to be com- plied with prior to the filing of the Final Map. 5 . Approval of this Tentative Tract Map shall expire 18 months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 6. 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 and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation , unless certification is received that corners are already monumented . b. A final title policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map . 3 Tentative Tract Map 810806 :1 (Garman) ACTION • The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE : Motion to adopt findings and set conditions . TO DENY: Motion setting findings for denial. REPORT PREPARED BY: M -�, MARY Ey BEATIE Associate Planner REPORT APPROVED BY: LAWRENCE STEVENS Planning Director • /ps • 4 AOL 5 � a N` 1 Ix • OONIO 400 28 EI - � -zL N � D ;0°Y p Z ;ZL O k y D o ~ ® N ZO(1 r � N o :081 W _ FzLI N O c m � ;OLI a o w To - cD o ^ ±OLI $ 1'0 2o.2c ypL! FzL1 O oID n w g0.54 Z o to cn N o N rrl N W Im W 10 Z a ® rrl - O cs �R 7081 2 o � Sb .961 ;061. \ . ;01z O a N 77091 N p o - P - Z � _ •=OYY m N - n C g w ;OFY v4 _ 66.00 \ O r Q n 85 00 7989 Ti co DO 1_ O (n < t` ' ,s '\ L-DC`-�k7cN MAP Don m _ QBE \�y 1�T"8(DOS: 1 (6 gt r-666-14; 1rT - 73`2C) s 7'�I� SAS i xl 4-6e- o 1,6113 I3cnC,-, 1/4 m 7g 94 .8971 1 8504 N _ AN - /�� S n • S i F' / � , CbAp \` t CV FA 17GO It. lo -- __ .2 • � �\\ 39 �``- ^" �••� J � ;:Zfit �J !` a� �`�`� . - .t':/,fib „(� �&t, \\�< -\ 40 77 eL 4 - RnF r Y �2a')' ,CSAIj 78 PAA= � I 6! 1 �y S ` Y�_ 80 rgtA f ; 1` / 22 y 9 � 10 1E. rc 17 Tro bt e3g 19 r s3 9 20 21 B 21 23 .. t 'Vm a�� Nj\ \ �s 6 22 I'd + 20171 .. 7y0 ---� c ` •�T - A•�4 / 3 23 tots j 74 ZUNC MAt+'' � :3-A 7 3 ZD 4 7313 isANTA YSf}-r i; Lo t'S !6 13 T3itt /q 13/ Ca fes• `� - �tt.=. CC? ! , 431 W a o - N f ' � Iceza F77 --r/j IF SiTC' MAP ' >_w . . --�-- Arev i(eA zmAN/uo) 1 73201 7313 SANTA ?SyL Lcr`s 144 i 3 )3Lc'a e //A _M� M E M O R A N D U M TO: CITY MANAGERL G�� ��V October 6, 1981 FROM: PLANNING DIRECTOR SUBJECT: Tentative Tract Map AT 810811 : 1 (Tract 1004) LOCATION: Northwest Corner of Morro Road and Santa 'Ynez (Lots 1 , 2, 3 , 4 , 17 & 18 , Block FC) APPLICANT: Paul Washburn (Twin Cities Engineering) REQUEST: To allow subdivision to create 15 air space office condominiums On October 5 , 1981 the Planning Commission conducted a public hearing on the proposed office condominiums unanimously approving the request • subject to Conditions 1-4 as listed in the attached Staff report. There was no discussion among the Planning Commission', on this matter . Glen Lewis appeared for the applicant giving a brief 'background to the project and indicating concurrence with the recommendation. No one else appeared on the matter . la,*44AM e, LAWRENCE STEVENS tTTJOAY . WARDEN Planning Director City Manager /ps 7 i r . n elt'j _ ` (- ,C CITY OF ATASCADERO 19J.9 �n 1978 l9is C r -- r Planning Department October 5, 1981 STAFF REPORT SUBJECT: Tentative Tract Map AT 810811 :1 (Tract 1004) LOCATION: Northwest Corner of Morro Road and Santa Ynez (Lots 1,2 ,3,4 , 17 & 18 , Block FC) APPLICANT: Paul Washburn (Twin Cities Engineering) REQUEST: To allow subdivision to create 15 air space office condominiums BACKGROUND 1. Existing Zoning: R-4-D (532) 2. General Plan: Special Commercial 3. Environmental Determination: The application is exempt from the requirements of C.E.Q.A, (Glass 1) 4 . Site Conditions: The 1. 6 acre site is generally level and is being developed with a Special Commercial office complex con- sisting of four separate buildings (ref : R801212 :1 - Washburn) . Sewer and water facilities are available to the site. 5. Project Description: The applicant is requesting to create 15 air space office condominiums for the purpose of individual sales and thereby combining the existing five lots into one parcel The applicant intends to formulate an association of. office owners and prepare CC&Rs for the purpose of governing the use and maintenance of the common area around the units. STAFF COMMENTS On Thursday, September 10 , 1981 the Subdivision Review Board met with the applicant, Paul Washburn, and Allen Campbell of Twin Cities Engineering, to discuss the project. Also attending were : Larry Stevens, Planning Director; Mary, Beatie, Associate Planner; Joel Moses, Associate Planner; and Wayne LaPrade, Planning Commis- sioner. The following items were discussed: 1) Staff verified that floor plans in building application are consistent with unit plan in tract application. Page Two . Re: Tentative Tract Map AT 810811 :1 (Washburn) October 5, 1981 2) CC&Rs will be required for review prior to recordation of the Final Map. All conditions of the actual development of the site have been previously established through a Departmental Review, FINDINGS 1. The application is exempt from the requirements of the Cali- fornia Environmental Quality Act. 2 . The application conforms to all of the applicable zoning and subdivision regulations and is consistent with the--1980 Atas- cadero General Plan. RECOMMENDATION Based upon the above findings, the Planning Department recommends • approval of Tentative Tract Map AT 810811 :1 subject to the follow- ing conditions : 1 . The applicant shall establish Covenants, Conditions, and Re- strictions (CC&Rs) for the regulation of land use, control of nuisances and architectural control of all buildings. a. These CC&Rs shall be submitted 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 Home- owners Association, 2 , That all conditions of approval herein specified are to be complied with prior to the filing of the Final Map. 3 . Approval of this Tentative Tract Map shall expire eighteen months from the date of this approval unless an extension of time is granted pursuant to a written request prior to the expiration date. 4 . 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. Page Three Re: Tentative Tract Map AT 810811 :1 (Washburn) October 5 , 1981 a. Monuments shall be set at all property corners and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monuments have been set prior to recordation, unless certification is received that corners are already monumented. b. A final title policy (CLTA or ALTA) shall be submitted for review in conjunction with the processing of the Final Map. ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion adopting findings and set conditions . TO DENY: Motion setting findings for denial.. REPORT PREPARED BY: . MARY E. EATIE Associa e Planner REPORT APPROVED BY Gr LAWRENCE STEVENS Planning Director /ps 'rLJ YL/i) tEFER o -�n EN TU 11 i FOR j3 - A;VO UTtf/N CvCA7tNG ZE C,� {, ANY LOSS OCCORR/NG gyTklE Cu'4,-.i y fvLE HfSD �V1I J a ECU T1 71 f tP,REASGtV p AS�VhtEs N pCAT 15 2 JRArrCE CO PAA4 TN L/AE; MFANY j 1 a O V ® .y �j 97d Od ♦!JY �a o 0 s 70'06' cdn Q 4 { 6 V Nl lb, s LOC,4-1-7CAJ MAP C �tA a6` • b n6' -mac-7 l w4 7slogll:l Gvsff8tr�2v o 8400 Ml�"E90 o�D b it P Id OI D D �'_ A_ OI w D m p • CDUl v w 41 N CY L w a _ -rN 3 (D - N I 1 I \4. O (D T - C Ile •_, a � hC W t D „p o W •v'. k p � ! 0 N fu 'stn by N a) R79 b f0 � °' �` tq�p��N N-aJ 1 0 ori�C,�mlv � z • W tiIN ruw � O da N !V� b's Tiriii I "b �vN a y �,b yw a h> W A (A 'b 6 _ yr n 0V S,O 'J,� V 14 Y , w q c I 1 CA W N N C T I I v W o J co W /� m _ n / / N /• 1�L tJ AA Mill t� 7 y � Z i i 1 -P ZONE M.4P TT->ACT /oay A-rS/081/:/ (WASH BURN) SQoo Mn�D �oAt7 - I N ,Ili�ll� l ii L v • � I n � Q 118,21 S lfi al 2YE Z q ;l � � 1 T I I \ Jill $ o fV • I �o- h. .c 8 I ; 4 V X V I ti M E M O R A N D U M TO: CITY MANAGER October 6 , 1981 FROM: PLANNING DIRECTOR SUBJECT : Tentative Parcel Map AT 810722 : 1 LOCATION: 4605 Carrizo Road (Lot 6 , Block 49 ) APPLICANT : Ralph Brink (Hilliard) REQUEST: To subdivide 548 acres into two parcels of 2 .5 and 2 . 68 acres each On October 5 , 1981 the Planning Commission conducted ',a public hearing on the proposed two lot parcel map unanimously adopting a Conditional Negative Declaration and approving the request subject to Conditions 1-14 as listed in the attached Staff Report. There was some discussion among the Planning Commission concerning the requirement to underground utilities (Condition #3), and concerning shoulder grading (Condition #9) . Concern was also raised regarding the . size of the lots being proposed. Ralph Brink, applicant , spoke and requested clarification of several of the recommended conditions including the timing of driveway im- provements , the need for shoulder grading , and the need to underground utilities. After discussion, the applicant indicated concurrence with the recommendation . No one else appeared on the matter. LAWRENCE STEVENS M RAYA. WARDEN Planning Director City anager /ps r`! d � � r: , 1979 CITY OF ATASCADERO Planning Department October 5 , 1981 STAFF REPORT SUBJECT: Tentative Parcel Mapr AT 810722: 1 LOCATION: 4605 Carrizo Road (Lot 6 , Block 49) APPLICANT: Ralph Brink (Hilliard) REQUEST: To subdivide 5 .28 acres into two parcels of 2.5 and -2 . 68 acres each BACKGROUND 1 . Existing Zoning: A-1-2 112 2. General Plan: Suburban Single FamilyResidential 3 . Environmental Determination : The initial study environmental description form has been completed . The Planning Director is recommending a Conditional Negative Declaration indicating the project will not have a significant adverse effect upon the en- vironment if certain mitigating measures are incorporated into the project. 4 . Site Conditions : The site is presently vacant and undeveloped . Vegetation consists of natural grasses and scattered oak trees . The site is gently sloping in the front quarter of the property along Carrizo Road and then slopes more steeply up to the central portion of the site which is a relatively flat hill-top and desig- nated the building site for proposed Parcel B. From there, the property slopes steeply down to the rear of the lot . The site is also traversed by a drainage swale along the front of the lot which runs parallel to Carrizo Road. There is some minor grading in progress to construct a driveway to Parcel B and install a cul- vert along the drainage way under the driveway. City water is available to the site, city sewer is not. Fire hydrants in the vicinity are approximately 300 feet and 500 feet from the front of the lot. Tentative Parcel Map AT 810722 : 1 (Brink) 3 . All other available utilities shall be extended underground to each parcel frontage prior to filing of the Final Map . 4 . The 25 foot wide private access easement shall be designated a private utility easement and all available utilities shall be extended therein. 5 . One fire hydrant of a type and size specified by the City Fire Department shall be installed by the applicant generally near the access easement at Carrizo Road . Exact location and manner of placement shall be subject to the approval of the Fire Department . A letter from the Fire Department certify- ing the installation of the hydrant shall be received by the Planning Department prior to the recordation of the Final Map. 6 . The private access easement as shown on the map shall be im- proved to at least the following minimum standards : - all-weather surface , if average grade is less than 12% - an improved width of 12 feet - unobstructed vertical clearance of fourteen ( 14 ) feet These standards shall appear as notes on the Final Map. 7 . Effort shall be made to minimize grading that would be dis- ruptive to the natural topography and removal of existing mature trees . The following shall appear as a note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances.. No grading shall commence without an appropriate permit and compliance with applicable City ordinances . " 8 . Individual driveways providing access to building sites may be subject to Planning Department review and approval at the time of building permit application for each parcel . If average slope exceeds 12$ , paved improvement would be re- quired , otherwise , an all-weather surface would be required similarly. In no event will driveways be allowed which exceed 20% in slope . In the event any portion of a driveway is shared , improvement of the shared portion shall be a requirement made in conjunction with the first building permit. Notes to these effects shall appear on the Final Map. 9 . Provide level shoulder grading for a minimum of two feet ad- jacent to edge of paving for the entire frontage of the sub- ject property along Carrizo Road . 10 . Drainage swale shall be indicated on the Final Map and a Note shall appear on the Final Map which states : 4 s • Tentative Parcel Map AT 810722 : 1 (Brink) "Any modification of the ground during site developmentment with- in fifty (50 ) feet of the drainage swales shall be subject to approval by the Planning and Public Works Departments . " 11 . Final grading and drainage plans prepared by a Registered Civil Engineer for development , including construction of driveway and the necessary drainage improvements therein, on each parcel may be required to be submitted for review and approval by the Planning and Public Works Departments prior to issuance of building permits . A note to this effect shall appear on the Final Map. 12 . All easements of record shall be shown on the Final Map . 13 . A Final Map in compliance with all conditions set forth here- in shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division ordin- ance prior to recordation . a. Monuments shall be set at all new property corners crea- ted and a Registered Civil Engineer or licensed land surveyor shall submit a letter certifying that the monu- ments have been set prior to recordation of the Final Map . b. A final title policy (CLIA or ALTA) shall be submitted for review in conjunction with the processing of the Final Parcel Map. 14 . Approval of this Tentative Parcel Map shall expire one year from the - date ,of final approval unless an extension of time is granted pursuant to a written request prior to the expira- tion date. Tentative Parcel Map AT 810722 : 1 (Brink) • STAFF COMME14TS On Thursday, September 10 , 1981 the Subdivision Review Board met with the applicant, Mr. Brink, to discuss his application. Also attending that meeting were : Larry Stevens , Planning Director ; Mary E. Beatie , Associate Planner ; Wayne LaPrade , Planning Commissioner. The follow- ing items were discussed : 1 ) Possible requirement for a fire hydrant. 2) Require drainage improvements with installation of driveway. 3) Septic suitability of parcels . 4) Require two feet of shoulder grading along frontage of property. 5 ) No tree removal without prior approval from Planning Department . 6) Recommend a Conditional Negative Declaration . 7) Consideration of General Plan criteria with relation to appropri- ate minimum lot size in the Carrizo Road area . With regard to Item #7 above , it was discussed with the applicant that his request may not be found consistent with certain General Plan cri- teria concerning minimum lot size such as distance from the center of the community , slope of access road to building site , percolation and general character of neighboring lands. After reviewing the matter in more detail , Staff discovered a number of lots in the vicinity to be at or under 2 112 acres. Other lots in the immediate vicinity have similar driveway access situation . The applicant has submitted a per- colation test which was performed on the Proposed Parcel B which indi- cated that , although a standard system could not be installed , an engineered design was possible. FINDINGS 1 . The application as submitted conforms to the regulations of the zoning and subdivision ordinances and is consistent with the 1980"Atascadero General Plan. 2 . The application as submitted and with mitigation measures as rec- ommended will not have a significant adverse, on the environment and the preparation of an Environmental Impact Report is not necessary. Tentative Parcel Map AT 810722 : 1 (Brink) RECOMMENDATION Based upon the above findings , the Planning Department recommends : A. Issuance of a Conditional Negative Declaration as follows : 1 . Provision shall be made for adequate drainage and erosion control in conjunction with construction on each parcel. 2 . Provision shall be made for adequate and acceptable private sewage disposal systems on each parcel. 3 . Provision shall be made to minimize grading and tree removal in conjunction with site development; and B. Approval of Tentative Parcel Map AT 810722 : 1 subject to the fol- lowing conditions: 1 . Private sewage disposal systems will be an acceptable method of sewage disposal , if reports and design are acceptable . All tests , reports , and designs shall conform to methods and guidelines prescribed by the Manual of Septic Tank Practice • and other applicable City ordinances . The following shall appear as a Note on the Final Map: "Appropriate soils reports including a percolation test , a test to determine the presence of ground water , and a log of a soil boring to a minimum depth of ( 10) feet shall be sub- mitted to the Planning Department prior to the issuance of a building permit . Where soils reports indicate that conven- tional soil absorption systems are not acceptable, City approval of plans for an alternative private sewage disposal system, designed by a Civil Registered Engineer , shall be required . Depending upon the system, more restrictive re- quirements may be imposed . " a . With regard to parcel B, the following informational note shall appear on the Final Map: "A percolation test and log of soil boring has been sub- mitted for Parcel B. The results of this test may be acceptable if -the private disposal system is installed in the area where the tests were performed , additional tests may be required at the time of building permit for Parcel B. " 2 . Water shall be obtained from the Atascadero Mutual Water Company and water operable facilities shall exist at each parcel frontage prior to filing of the Final Map . A letter from the water company indicating they are willing and able to serve the property shall be submitted to the Planning Department prior to recordation of the Final Map. Tentative Parcel Map AT 810722 : 1 (Brink) ACTION The Planning Commission should by motion direct Staff as deemed appropriate . TO APPROVE : Adopt findings and set conditions . TO DENY: Set findings for denial . REPORT PREPARED BY: MARY Eq BEATIE Associate Planner REPORT APPROVED BY : LAWRENCE STEVENS Planning Director /ps II 6 70 /w> / � CR � It�i J"•�L� t'.'-� !` ;j+''� � r - o T '} co t- O \ IN V , U �U A 4 m � N •w t c � y � U { /� a � •\ k N .� iffir Z pr 44 a / / m O o r cf v O n OHO! Cr D n rn o b � 17".- Z-OCA77ON MAP A-F8(0 7 2 2: l ----- - _ -- - . 4 f 05 CAK7zIZC5 XD.. µ QP ID i . W tr m N � N. N all d � � cr i OJ C I ; �'� " �F0. Q N LO �. N �F .N N i co N 0 0 . '?, m N �{ �• � tion .y \��� m - pq ZONE- MRP A-T-'81072Z:1 Lor P tt� 49 00c, i /N.47' lJ2 1p g N y G �'• 1C y e• &AA c R � F r, r n t y � � w � s i +� INN7-,7 p M E M O R A N D U M TO: CITY MANAGER �/ October 6 , 1981 FROM: PLANNING DIRECTOR . SUBJECT: Lot Line Adjustment LA 810807 : 1 LOCATION: 7580 Valle Avenue (Lots. 32 & 32A, Block E) APPLICANT : Antonio Arellano/Gene Stanley (Stewart) REQUEST: To adjust existing lot line to resolve a building encroachment problem. On October 5 , 1981 the Planning Commission considered the requested Lot Line Adjustment and unanimously recommended approval subject to Conditions 1-4 as listed in the attached Staff Report . There was no discussion as the matter was scheduled for the Consent Calendar . LAWRENCE STEVENS MURRA WDEN Planning Director City anage /ps 1 �.�. , °•°•�� CITY OF ATASCADERO y979 � 15CAD Planning Department October 5 , 1981 STAFF REPORT SUBJECT: Lot Line Adjustment LA 810807 :1 LOCATION: 7580 Valle Avenue (Lots 32&32A, Block E) APPLICANT: Antonio Arellano/Gene Stanley (Stewart) REQUEST: To adjust existing lot line to resolve a building encroachment problem. BACKGROUND 1 . Existing Zoning: R-A 2. General Plan: Moderate Density Single Family Residential 3 . Environmental Determination: The Planning Director has deter- mined the application as presented to be a Class 5 (a) Categorical Exemption according to the provisions of the California Environ- mental Quality Act. 4 . Site Conditions. The site is bounded on the northwest by Valle Avenue (a 40 foot, two lane paved right-of-way) ; all other sides of the property are bordered by developed residential lots . The site has a urge seasonal drainage swale along the Valle Avenue right-of-way. The existing two homes are located on the level front portions of the site, with the rear of the site being steep hillside. 5. ` Project Description: the applicants propose to adjust the common property line between Lots 32 and 32A of Block E. The shift will correct an encroachment problem for an existing house on Lot 32A. Both parcels will continue to have approx- imately the same lot size with proposed Parcel A being 1 . 08 acres and Parcel B 0 . 74 acres. Both parcels will continue to have access and frontage on Valle Avenue, and will also have joint use of a common driveway. STAFF COMMENTS On Thursday, September 10 , 1981 the Subdivision Review Board met with Dan Stewart, the applicant' s engineer, to discuss this appli- cation. Also attending the meeting were: Larry Stevens, Planning Page Two Re: Lot Line Adjustment LA 810807 : 1 (Arellano/Stanley) October 5, 1981 Director; Mary Beatie, Associate Planner; Joel Moses, Associate Planner; and Wayne LaPrade, Planning Commissioner. The following items were discussed: 1) What setbacks have been provided to each existing structure (house and garage) by the adjusted line? 2) Need for a revised map showing the relationship of the exist- ing driveway with the adjusted line and clarification of the use of the existing driveways. 3) Documentation of easements to each property owner affecting existing driveways, if any, are contemplated. FINDINGS 1 . The application as submitted has been determined to be Cate- gorically Exempt from the requirements of C.E.Q.A. as defined by Class 5 (a) . 2 . The application as presented conforms with the applicable zoning regulations. RECOMMENDATION Based upon the above findings, the Planning Department recommends approval of Lot Line Adjustment LA 810807 : 1 subject to the following conditions: 1 . Lot Line Adjustment as shown on map attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Recorder' s Office. a. The proposed property line shall meet all city zoning requirements for setback from buildings. 2 . An access easement covering the central joint driveway shall be shown on the Final Map and be approved by the Planning De- partment prior to recordation of the Map. The location of all easements of record shall be shown on the Final Map. Page Three Re: Lot Line Adjustment LA 810807 :1 (Arellano/Stanley) S October 5 , 1981 3 . The proposed adjusted lines shall be surveyed and monuments set at new property corners prior to recordation of the Final Map. 4 . Approval of this lot line adjustment shall expire one year from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. ACTION The Planning Commission should by motion direct Staff as deemed appropriate. TO APPROVE: Motion to adopt findings and set conditions. TO DENY: Motion setting findings for denial . REPORT PREPARED BY: G�'f JgEL i SES Associate Planner REPORT APPROVED BY: Anawz Aww LAWRENCE STEVENS Planning Director /ps c - col F i O a r� NZ N m z .. 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''sti"''1 �;���i5 J� t�"�� r?ek_C�i.-Y� 4n � N n m 1 3 \� �\o L)J � _p O tll rp �\ A I .mm> \� C, o p $ GNv L y a el \ a' .t N N o t �Dnoi •.��. i roF.��. rO [l�� � a \ '1 a It R "- a a^ e o 3 7EN7A-77 UEE AIAP FgI-AelOBO 7: 5 M E M O R A N D U M TO: CITY MANAGER co�(� October 6 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Parcel Map AT 800829: 1 LOCATION: 10325 Atascadero Avenue APPLICANT : Fred Hartman (Morgan) On January 12 , 1981 the City Council approved tentative Parcel Map AT 800829 : 1 to create three lots of 2. 5 , 2.7 , and 2.9 acres each subject to certain conditions and in concurrence with the recommendation of the Planning Commission . The zoning is R-A and the General Plan designation is Suburban Single Family Residential. Staff review has determined that all conditions of approval have been met. On October- 5 , 1981 the Planning Commission reviewed the matter and recommends acceptance of the Final Map. WW LAWRENCE STEVENS MURRAY L . Planning Director City anag /ps L ` J `� ► public -rainage s,Nales ground, G *e 30 Ac ceSSDepartn,entShall be Qd and ut i .Easement across S 5'40'E 260.00'(R,) the dri I�ty purloose P� S5 50 44 E 260 84 (RZaM 1 v) pARCELvewpys to PARCEL s and r mrn a minimum Shall be• im r A a pA .AA of width prO�ed li fourte (14 feet tw e (1 fir; cn N ®o ;The 30. en ) feet gtJthe fe,. 0) CD i(Sard utiili+ess Eas n tirpE Q A u' 1v'ctter 1 e o erns f across s t enc/ude but par NN A s41a and' seer ,incl not Nn� utilities the right o (00 and their to Qr o0 0 t" neceSsar N _-,j PARCEL B 1 NET AREA= 2.52Ac. S5.31,05'E 339.92'(RI&M ) S. 5°40'E. 340.00'(R,) 25.00' _ 214.9 2' (M ) 100.00,( RZ,M) (M) 0 r- oLn �Wm oz I JJ N n �S,5051'49"E 285.29'(M ) c,. OD `P \ 35zc, s' Ln rn : �. °� \ z (PARCEL C o w GROSS AREA-2.92Ac.— -70 PARCEL A - NET AREA 2.80Ac �- GROSS AREA=2.76Ac. Ln Un v NET AREA 2.59Ac. Q w kw W Ln � cn p. ' U Q 0 � p a� r 2 66 S 9 E 2 91.9 4, M (A4)S�N6�-Sg, 29j , _1Z4o75�? I � ��g908'(('ll, L-20 1(M )) I Tan_NEo 1�25.22'(M) C/7)/ R=1432.5p,(R R COUNC &=5°01'27" " Z.M�L ) I CER .j - L' 92 5.61'(8(RZ M) HEREBY �lc/�A f E- r'M) ADO P7Ep CERTIFY 7NgT STRc-r- AND L7 M E M O R A N D U M 66 , l TO: CITY MANAGER t4411V October 6 , 1981 FROM: PLANNING DIRECTOR SUBJECT : Acceptance of Parcel Map AT 801210 : 1 LOCATION: 2200 San Fernando Road (Lot 24 , Block 47 ) APPLICANT: Allen Grimes (Fargan) On March 9 , 1981 the City Council approved Tentative Parcel Map AT 801210 : 1 allowing creation of two lots of 3 . 3 acres and one lot at 4 . 9 acres subject to certain conditions and in concurrence with the recommendation of the Planning Commission. . The zoning is A-1-2 1/2 and the General Plan designation is Suburban . Single Family Residential. Staff review has determined that all conditions of approval have been met. On October 5 , 1981 the Planning Commission reviewed the matter and recommends acceptance of the Final Map. LAWRENCE STEVENS RRAYK. WARDEN' Planning Director ity M nager /ps • MK N .r tu 541 13 Pbo k 13 AP, rWOZ 6t Z rzz IF 41 zZ � � m M NbNj W o or ar ' ti ^�q6o IUD �0\ tilt fi 10 • M E M O R A N D U M TO: CITY MANAGER l ��l� October 6 , 1981 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment LA 810227 : 1 LOCATION : 10055 El Camino Real APPLICANT: Rex Hendrix (Associated Professions) On August 24 , 1981 the City Council approved tentative Lot Line Ad- justment LA 810227 : 1 to adjust existing lot lines , subject to certain conditions and in concurrence with the recommendation', of the Planning • Commission. The zoning is R-4 and the General Plan designation is High Density Multiple Family Residential. Staff review has determined that all conditions of approval have been met. On October 5, 1981 the Planning Commission reviewed the matter and recommends acceptance of the Final Map. LAWRENCE STEVENS M RRAY WARDEN Planning Director C' ty Wanager /ps i 0 pi us yw. to Qi Ol fj 0 �,bi I l C AGI.oo 03 } \ ZS IN y o mm m o �m mo ME M O R A N D U M 10 TO: Murray FROM: Larry McPherson SUBJECT: Storm Drain Improvements - Bid No. 81-14 Recommendation: It is recommended that City Council accept the low bidfor the subject project submitted by Conco Engineering, Inc. P.O. Box 511, San Luis Obispo, CA in the amount of $6,417 . 00 . Background: The funds for this project are available in account #02- 4402-319 - Contracted Street Maintenance. Although the Engineer' s Estimate for this project was $5 ,000 , 1 feel confident that -the low bid is a responsible one. The attached bid spread sheet shows the results of the bids received. WRENCE MCPHERSON LM:vh 10-7-81 att. cnro � y � C cnyid 4Pron o ccl W (D rt P. P) rt N (DO C � ,_.. amort roman � O � P) F- o � � CD Q. r • (D Co t-i t-+ ' o CD t✓ to (D W G bon Sv cn (n- G w CL o r H- o rt, o ro H- o x �� P• o M (D .. to x bo O In x (D (D 0 O to xt� —s n :j tn a ° amno ° ° U-1c) w U� io F . N �O n 6 N y' F a Fi Fl H r F ' N CD H n (D N m m 1 a '� fi N F- Fl- 11 O O "5 co `A rt w LQ N W (n N U CCD p Cn Cl N (DD ((DD fi Fi fi n rj ►-.. �• (D (D (D (D (D p Fl- Fl- rfi F h F h Ht Fj- Fl- O 0 Q 0 n p� pt rr rt- rt rt rt F,. Fl. N. F,. N. -D to to to m r— _ Cn ° CT� �61 C/ m� to Q ;m -C -p r-t• N f--•t• Imo+ V V T 1 T// C V O CJS "0 r-t rt -I N N Q O O �j D ^ T v N GJ F- Fl d rt CTT CTT Ul C31 J C)• p O O p O CD �. CD p p Ln p "-D H ID r CD C J (D < 5 -tet, ro rt < En cry F- CD tDC) D CD . Q f-h TD - CD Q O CD .. d co O 0 F- Fl 00 N In d CDN (D C) (D C) :3 N• 1-h N. P� (t N- O � � C r � d ZZ C ) 3 C/J > CN M V -'y1 G J •T C) CD O rt Q �F O Ln O �- Fl (D O n O rt o n d o CD Sll O f C=l J CD 0 C (D CD < ( • M E M O R A N D U M f�1 TO: Murray _ aw'lc / FROM: Larry McPherson SUBJECT: Street Overlay Project - 1982 Bid No. 81-15 Recommendation It is recommended that City Council accept the low bid for the subject project submitted by Madonna Construction , P.O. Box 910 , San Luis Obispo, CA in the amount of $86,238. 20 . Background The funds for this project are available in account #05- 4402-319 - Contracted Services (SB 325) with the balance comming from account #02-4402-319 - Contracted Services (Gas Tax) . The attached bid spread sheet shows the results of the bids received. Z'-L�WRENCE McPHERSON LM:vh 10-1-81 att. • w cn cn ro :v z ro ro C/) C ) td ONN O 'SOU 00 CDD OL 0 . 0 '0 c K K G td K0 td m G w � I.— O 0 : r• 0 PV - 0 (D � 0w CD Q 0 o l tn � VLn Nm vN rt K n N• o cn K x U) (t n ro ro K w 00 (m 0 0 r o H rt � - , N cn co CDd (n U) W fn C7 K K K K M CA ro ro ro a Fj, H• Fl- Fl. �. ►, Fj. c (n to to (n Cn ::a Owl- C 7Z 0 : Cn > -< _ " r-t .y N rt V fes. CT) l V 00 J 00 00 Q & Q W J - (D CD 00 o m N -0 (D C) W Ln W -7 r-t• U7 00 �• _. O a% C7 O O o O N CD C 0 0 (D CD d N CD 00 �• N CD C fP M E M O R A N D U M J /� Gvf TO: Murray �7 FROM: Larry McPherson SUBJECT: Bid #81-16 , Utility Vehicle Recommendations : It is recommended that Council approve the bid for a utility vehicle with attachments for a spreader/ seeder and an aerator. The low bidder was Cushman Motor Sales , Inc. , 14133 Arbor Place, Cerritos , and the low bid is $7, 732 . 36. Background: The acquisition of a utility vehicle for park maintenance was a budgeted item with a $6 ,000 allocation. The base vehicle price is slightly below the budgeted amount , however it is being recommended that a power take'.-off as well as the seeder/spreader and lawn aerator be added to substantially increase the utility of this vehicle. With the power take-off, other attachments can be added in the future for such tasks as spraying and top dressing of turf areas. The additional equipment can be utilized to save many man- hours necessary to aerate and fertilize the park and sunken garden laws areas , as well as park areas that may develop in the future. These necessary operations have been deferred in the past due to lack of equipment and the high time demands. We received tx4o bids as shown on the attached spread sheets. The recommended bid deducts the cost of the sprayer attachment shown as Item 6 on the bid - sheet, leaving a total of $7 ,732. 36 , including sales tax IF.O.B. Atascadero. It is recommended that the balance of $1,732. 36 needed to make- up the difference in budgeted funds , be allocated from the con- tingency reserve. $6 ,000 for this purchase is in budget account 01-4404-311. AWRENCE McPHERSON LM:vh att. 10-6-81 rt CD b rti pt o N rt (n 7C) N Ln rt CD Z O kC :3, td (n xd m K �. C2 0 rt* K ti ct K N n K O (D M ro K L1 l9 N 4 F_ F-' CO O "It r (D F-' o a U) o H (D H P_ O (D Fl N N K O O F-' (D ON (t (D rt (n c N rt F rt F' F✓ O OJ wO N N Or) o N At (D ti �3' K v '0 rt 0 0 K � ((D m CZ O K G (D r-t iz (D K rt H F-' �l (D K ct H F-' h� U) ((DD O rrtt tiI n (D Q rt, 1 K (D E 1 (n N• K m $ I (n P. Iv (D H- O N AJ (D Fes• O 'C N "C Rl �l Fh (n N• C Sl O+ til In H. K K � (D C ti ti � (D `.0 0� (D 02 (D C. d Cl �. tTJ H (D y In (D tTJ C 7 O O O > r C rt O p c X C/) ::a b D C1 0 0 0 0 0 0 0 0 0 0 0 0 (o m (D m' m m m co m co (D m N Fi Ln F-' F' H Cit Ut D w w N Ln w Cn OD LD w ON 0 Ln A F- %D OO O CD ON .P O M O o l0 w r-t p p N p N J lfl Cn O U7 0 (Tt N N 0) O (n O o Ln O m O O O O :j o O 0 NO O O O O O A O O O O O O {1U O CD (D N O W U O l0 r-t to 0) Q �. Lrl (D CD F' n N �_ rt C) F. ,D F- F' 70 rt o I FJ- LD Cn C-D o o ¢ (D 1j � � 0 �► 1 M E M O R A N D U M • TO : City Council FROM: City Manager SUBJECT: Commission Selection Procedures The procedure for selecting Commission or Advisory Board members by the Council is not specified by statute. The process is one to be determined by each City Council within the constraints of the Brown Act which only require that the selection be made in, public at an open meeting. The City Attorney has re-affirmed his opinion that the process you have used is not contrary to the Brown Act; however , as a result of your request , the following have been identified and are presented for your consideration. The selection process can be broken down into two phases. One is the nominating or recruiting of applicants for the position and the second is the actual selection . Several options seem to be available for the nominating or recruiting phase: ,,00''1 . Advertise and recruit , by all means , for anyone who might be interested in the particular position. 2 . Individual Councilmen , at an open meeting, nominate any num- ber of candidates of their choice for each position . t 3 . From a list developed by either 1 or 2 above , conduct open meeting interviews by the entire Council to determine quali- fications and interest of applicants . 4. From a list developed by either 1 or 2 above, proceed to selection without any interviews . As to the selection phase, several methods appear feasible: 1 . Voice vote- recording collective "ayes" and "nayes" as is done for most Council business (can permit "follow-theleader" voting) . 2. Written ballot - a closed ballot precludingcopy voting but , unless each vote is announced , precludes voting identifica- tion . 3 . Standing vote - similar to voice vote except easier to iden- tify who voted and would result in simultaneous indication of vote. MEMORANDUM - VOTING PROCEDURES 4 . Show of hands vote - similar to standing vote . 5 . Roll call vote similar to voice vote, permits "follow+the- leader" voting even when random roll call is used . Members of the Council have expresssed some concern of a "follow- the-leader" syndrome operating if a roll call vote or other than closed ballot vote is taken. On the other hand, the closed ballot has beenobjectedto as not allowing the public to know, at the time the vote is cast , as to each individual Councilman ' s choice. A written ballot could be used with the Councilman placing his name and his vote , by name of candidate , on the ballot. The clerk could then collect each of the ballots , read them off and announce the Council- man' s name and the name of the person voted for and record each vote as announced . This process would avoid the "follow-the-leader" syn- drome and still allow the individual vote of the Councilmen to be known . Of concern to the Council has been adoption of a procedure which will allow the selection to be quickly accomplished without multiple ballots in the case of more than one candidate or , if more than one position is open and a majority vote is not reached, to bring a large applicant list down to a manageable size . A nominating process could be used which could eliminate those applicants who are not the choice of any Councilmen. Then the adopted voting ,procedure could be followed. The following are suggested for your consideration : 1 . Each Councilman to move for appointment of an individual for the position or positions and , after an appropriate second , selection made by any of the voting procedures. 2. Each name on a list , either arrived at through the nominating procedure or by listing everyone who applied , could be voted upon in turn until a majority decision is reached , at which time that person would be appointed In the event of a tie , a run-off vote would be required. 3. Selections for each position could be voted upon using any of the procedures mentioned with selections being made for first, second or third choices and each vacancy being filled by the agreed upon voting procedure before moving on to fill the second vacancy. Afballot could be compiled with all names listed , either by the nomination process or by accepting every applicant , with a majority vote used to select the appointee . In the event of a tie or lack of majority, balloting would continue until the requisite number of appointees were selected by a Council majority. 2 MEMORANDUM - VOTING OOCEDURES In consideration of some of the desires expressed at the Council meeting during which this subject was discussed , the following appears to reflect the Council consensus : 1 . Advertise , or otherwise seek, for all possible interested candidates. 2 . Conduct public interviews of all those who have applied . 3. Each Councilman write their name and that of the candidate of their choice on a ballot. When the results are announced , each councilman ' s and candidate ' s name would be announced by the tally clerk. Or , list names of all candidates on a bal- lot form and then cast successive ballots as in the foregoing until an appointee is agreed upon ; run-off to be held if re- quired . This could be modified to require nominations in order to pare down the initial list to a smaller group of candidates . *RA. , WARDEN MLW: ad 10-9-81 • 3 M E M O R A N D U M TO: City Council FROM: City Manager SUBJECT: Fire Memorandum of Understanding The attached resolutions formally adopt the MOU for the Captains unit and the Firefighter and Fire Engineers unit of the Atascadero Fire Department Employees Association. This resolution confirms your action of two weeks ago in approving the MOU . Recommend your adoption . BRAY/ WARDEN MW: ad 10-9-81 f SRESOLUTION NO. 29-81 RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT WHEREAS , the Atascadero City Council , pursuant to Government Code Section 3500 et seq, enacted an Employer-Employee Relations policy with its adoption of Ordinance No. 24 , dated July 14 , 1980 , and of Resolution No. 12-80 on July 14 , 1980; and WHEREAS , under the terms of that policy, the City Manager and/or his representatives and the individual employee association members have met and consulted in good faith; and WHEREAS, these parties have reached agreement on matters relating to employment conditions of the said individual Fire Captains Bargain- ing Unit members as reflected by the written Memorandum of Understand- ing signed by them on September 28 , 1981 , which Memorandum is attached hereto and made a part hereof; and WHEREAS , The City Council finds that the provisions and agreements contained in said Memorandum of Understanding are fair and proper and are in the best interests of the City.` • NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Atascadero that the terms and conditions contained in said Memorandum of Understanding are hereby adopted . On motion by Councilman , and seconded by Councilman - the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote : AYES: NOES: ABSENT: ADOPTED : ROBERT J . WILKINS , JR . , Mayor ATTEST: MURRAY L. W DEN , City Clerk APPROVED AS 0 FORM: ALLEN GRIMES , City Attorney f MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO- AND THE ATASCADERO FIRE CAPTAINS' BARGAINING UNIT 40 This Memorandum of Understanding is entered into between the be- tween the Employee Relations Officer of the City of Atascadero, here- inafter referred to as "City , " and the Fire Captains ' Bargaining Unit of the Fire Department Employees Association , hereinafter referred to as "Unit, " and made pursuant to California Government Code Sections 3500 et seq , City of Atascadero Ordinance No. 24 , dated July 14 , 1980 , and City of Atascadero Resolution No. 12-80 , dated July 14 , 1980 . The parties have met and conferred in good faith regarding employ- ment terms and conditions for members of the Unit and , -having reached agreement , as herein set forth , submit this memorandum to the City Council with a joint recommendation that that body resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions . Section 1 . Purpose . 1 . 1 It is the purpose of this Memorandum of Understanding, here- inafter referred to as "MOU , " to promote and provide for continuity of operation in employment through harmonious relations , cooperation and understanding between Management and employees covered by the provi- sions of this MOU and to set forth the understanding reached between • the parties as a result of good faith negotiations on matters set forth herein . 1 . 2 This MOU shall replace and supercede the Memorandum of Under- standing (MOU) reached between the Atascadero Firefighters Association and the Board of Directors of the Atascadero Fire Protection District , dated June 24 , 1979 , as ratified by signatures thereto , dated June 25 , 1979 . 1 . 3 It is specifically understood and agreed that the Atascadero Fire Protection District MOU dated June 24, 1979, and signed June 25 , 1979 , is hereby declared null and void , effective 0001 a. m. , July 1 , 1980 . 1 .4 This MOU is entered into by the City and Unit to resolve dis- agreements between the City and Unit as to the provisions of the Fire Protection District MOU dated June 24 , 1979 . This MOU shall determine wages , salaries and other benefits and conditions of employment for members of the dissolved Atascadero Fire Protection District who transferred as full-time - employees to the City of Atascadero Fire .De- partment pursuant to the incorporation resolution effecting such dis- solution and incorporation. This MOU does not apply to any personnel hired after July 1 , 1980 . If any transferring Unit members are pro- moted to a higher grade after July 1 , 1980 , and during the life of this MOU they shall be paid in accordance with the City ' s adopted salary schedule except that their new salary shall not be any less than that earned prior to promotion . All other benefits agreed to Captains ' Bargainin40nit MOU herein shall apply to such promoted members . Section 2 . 0 . Cessation of Legal Action . 2 . 1 Members of the Atascadero Firefighters Association , now em- ployees of the City of Atascadero , individually and collectively , agree to cease and desist with prejudice from any legal actions now or in the future which attempt to compel the City to recognize , comply with , or otherwise acknowledge the provisions of the Atascadero Fire Protection District Memorandum of Understanding dated June 24 , 1979 , as agreed to by the Board of Directors of the Atascadero Fire Protec- tion District and the Atascadero Firefighters Association , either ex- pressly or by implication except as otherwise may be provided herein . 2 . 2 The City of Atascadero agrees to cease and desist with pre- judice from any legal actions now or in the future which attempt to resolve any understandings , misunderstandings or interpretations of the Memorandum of Understanding dated June 24 , 1979 , as agreed to by the Board of Directors of the Atascadero Fire Protection District and the Atascadero Firefighters Association , either expressly or by impli- cation , except as otherwise may be provided herein . 2 . 3 Both parties to this MOU specifically agree to dismiss with prejudice the pending lata suit Roland Snow; Atascadero Firefighters Association vs . City of Atascadero , Case No . 54030, filed November 5 , 1980 , involving a determination of the applicability of the Atasca- dero Fire Protection District MOU dated June 24 , 1979 . • Section 3 .0 Full Understanding , Modifications , Waiver . 3 . 1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein . Any other prior or existing understanding or agreement by the parties , whether formal or informal , regarding any such matters , are hereby suspended or termin- ated in their entirety. 3 . 2 No agreement , alteration , understanding , variation , waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and exe- cuted in writing by both parties hereto and , if required , approved and implemented by the City Council . 3 . 3 The waiver of any breach , term or condition of this Agreement by either party shall not constitute a precedent in the future en- forcement of all its terms and provisions . Section 4 .0 Sick Leave . It is agreed and understood that any unused sick leave credited as of midnight , June 30 , 1980 , to individual unit members by the Fire District , shall be carried forward and credited by the City . Starting at 0001 a.m. , July 1 , 1980 , transferring unit members shall earn and • use sick leave subject to the provisions of Section 9 . 5 of Resolution No . 12-80 , dated July 14 , 1980 . Sick leave credited from either Dis- trict or City service may be used as available and needed subject to 2 f Captains ' Bargaininabnit MOU the City ' s Personnel Rules and Regulations , except that any sick leave used shall first be deducted from the credited amount carried over from District service until such credits are exhausted . It is agreed and understood that the rate of determining sick leave credit and max- imum allowed accumulation is subject to change by subsequent agreement as may result from future negotiations. Itis also agreed that nothing herein shall be construed as providing any vested right , mone- tary or otherwise , to any unused sick leave existing at time of retire- ment in accordance with the City ' s Public Employees Retirement System contract , discharge or voluntary separation from City service . Section 5 . 0 Vacation . Vacation accumulations credited to an individual fire captain by the District as of midnight , June 30 , 1980 , shall be carried forward and credited to the individual fire captain upon becoming an employee of the City. 5 . 1 Vacation leave shall be credited , computed and used as speci.- fied by Section 9 . 10 , Employees Benefits , of Resolution No. 12-80 , dated July 14 , 1980 . 5 . 2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the -needs of the City. Section 6 .0 Salaries . It is agreed and understood that unit members subject to this Memorandum of Understanding, shall receive the salary rates as indi- cate-d below. NAME BASE SALARY MAXIMUM MERIT AMOUNT Michael R H=icks 1 , 864 . 16 1 , 975 . 18 Michael P . McCain 1 , 864 16 1 , 975 . 18 The foregoing rate shall be effective as of 0001 a.m. , July 1 , 1981 . If this pay rate is less than the pay rate being received as of midnight June 30 , 1981 , then the higher pay rate shall be continued until such time as the City pay scale for comparable police grade classifications equals or exceeds the amount referred to herein with Fire Captain being comparable to Police Sergeant , Fire Engineer being comparable to Police Officer , and with no comparable basic fireman vs . police classification . 6 . 1 It is expressly understood that reference( s) to the City salary .-classification as "Step I" or "Step II" shall only mean the pay rate associated with that particular step . It isfurtherunderstood that "Step II" means the maximum merit increase permitted for that specific pay classification and that the difference between Step I and the maximum merit increase is a variable amount up to the limit indi- cated by the "maximum merit amount . " • 3 Captains ' Bargaining4it MDU r Reference(s) to the Step II or "maximum merit amount" shall not in any manner imply that payment of the Step II salary rate is auto- matic or accruing to an individual because of the passage of time or qualifying condition other than merit. Rather , the above salary rate provides a transition salary and is intended to prevent any decrease in salary for fire personnel transferring from the Atascadero Fire Protection District employment to City of Atascadero employment . It is understood that the salary structure adopted herein shall be applicable for the duration of this MOU . It is also specifically understood and agreed that the disparities between police classifica- tions and firefighter classifications as indicated in paragraph 6 .0 above shall be subject to negotiation during the Fiscal Year 1982-83 negotiation period . It is the City ' s objective to initially at least achieve parity between police and fire positions without any employee suffering an actual dollar reduction in pay presently received . Section 7 . 0 Medical/Dental Benefits . City agrees to pay for all medical and dental benefits for each unit member at the rate and coverage prevailing under the City ' s medical and dental program as ,now exists through City ' s parti- cipation in the Central Coast Cities Self-Insurance Fund , known as the Self-Insurance JPA. It is agreed that the City w-ill continue to pay , for the balance of Fiscal Year 1981 -82 , dependent medical coverage up to, but not to exceed , the amount currently paid , that is $68 .00 per • month. Section 8 .0 Overtime . City agrees to pay all fire captains , upon certification by the Fire Chief using authorized time card forms , for any overtime worked in excess of the established 56 hour work week as computed using 121 . 33 shifts per- year as the annual shift employment at the rate of time and one-half computed against the 56 hour wage scale for the in- dividual concerned . Section 9 .0 Holiday Time . City will continue the policy of the Atascadero Fire Protection District for the term of this MOU to grant fire captains nine (9) shifts time off per year as holiday time off. Section 10 .0 Term Life Insurance . City_ shall apply for a term life insurance policy for each fire captains in a total amount of Fifteen Thousand Dollars ($15 ,000) and shall pay all premiums for such policy during the term of this agree- ment . Section 11 . 0 General Benefits . It is agreed that compensatory time off (CTO) , retirement and other benefits and conditions of employment shall be as specified by City Resolution No . 12-80 and City Ordinance Pio . 24 . 4 Captains ' Bargaininlanit MOU • Section 12 . 0 Effective Date . It is understood and agreed that the provisions of this MOU shall be effective as of to 0001 a.m. , July 1 , 1981 , and shall remain in effect , unless modified by mutual agreement , until midnight June 30 , 1982. Section 13 . 0 Implementation . 13 . 1 This MOU constitutes a mutual recommendation to be sub- mitted to the Atascadero City Council . It is understood that this MOU shall not be binding upon the parties either in whole or in part un- less and until said City Council : ( a) acts , by a majority vote , for- mally to approve and adopt said MOU ; (b) acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding . 13 . 2 Nothwithstanding the foregoing , in the event the City Council fails to take all of the actions necessary for timely imple- mentation of this MOU , either party may request the renewal of the meet and confer procedure . Section 14 .,0 Provisions of Law. 14 . 1 This MOU is subject to all current applicable federal , state and local laws , regulations and resolutions. All ordinances , rules and regulations enacted by the City Council shall be subject to the appropriate revisions , amendments and deletions necessary to con- form on form with the purpose , intent and application of the provisions of this Agreement. 14 . 2 If any part or provision of this MOU is in conflict or in- consistent with such applicable provisions of federal , state or local laws or regulations , or is otherwise held to be invalid or unenforce- able by any tribunal of competent jurisdiction , such part shall be suspended and superseded by such applicable law or regulations , and the remainder of this MOU shall not be affected . Section 15 .0 Applicability of Other HOU ' s . Rules and Regulations It is agreed that all provisions of any existing or prior MOD ' s , understandings or personnel policies , customs , practices and actions not specifically included in Ordinance No . 24 and associated rules and regulations adopted by the City Council of the City of Atascadero , shall be superseded by the provisions of this t,10U . Section 16 . 0 Management Rights . The authority of the City includes , but is not limited to the ex- clusive right to determine the mission of its constituent_ departments , commissions and boards; set standards of service ; determine the proce- dures and standards of selection for employment and promotion; direct its employees ; take disciplinary action for "just cause" ; relieve its employees from duty because of lack of work or for other legitimate 5 Captains ' Bargaining*it MOU , f reasons ; maintain the efficiency of governmental operations ; determine the methods , manning and personnel by which governmental operations are to be conducted ; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided , however, that the exer- cise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the conse- quences or impact that decisions on these matters may have on wage , hours and other terms of employment . ATASCADERO CAPTAINS ' CITY OF ATASCADERO BARGAINING UNIT !PAY� L . WARDEN loyee Rela ions Officer MICHAEL G . HICKS APPROVED AS TO ORM: G • I� • MICHAEL P . McCAIN ALLEN GRIMES , City Attorney i 6 C:. RESOLUTION NO. 30-81 RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING is WITH THE ATASCADERO FIREFIGHTERS' BARGAINING UNIT WHEREAS , the Atascadero City Council , pursuant to Government Code Section 3500 et seq, enacted an Employer-Employee Relations policy with its adoption of Ordinance No. 24 , dated July 14 , 1980 , and of Resolution No. 12-80 on July 14 , 1980; and WHEREAS, under the terms of that policy, the City Manager and/or his representatives and the individual employee association members have met and consulted in good faith; and WHEREAS, these parties have reached agreement on matters relating to employment conditions of the said individual Firefighters ' Bargain- ing Unit members as reflected by the written Memorandum of Understand- ing signed by them on September 28 , 1981 , which Memorandum is attached hereto and made a part hereof; and WHEREAS , The City Council finds that the provisions and agreements contained in said Memorandum of Understanding are fair and proper and are in the best interests of the City. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Atascadero that the terms and conditions contained in said Memorandum • of Understanding are hereby adopted. On motion by Councilman , and seconded by Councilman , the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote : AYES: NOES: ABSENT: ADOPTED: ROBERT J WILK NS , JR . , Mayor ATTEST : MURRAY L . WARDE City Clerk APPROVED AS TO F RM: ALLEN GRIMES , City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIREFIGHTERS BARGAINING UNIT This Memorandum of Understanding is entered into between the be- tween the Employee Relations Officer of the City of Atascadero , here- inafter referred to as "City, " and the Firefighters Bargaining Unit of the Fire Department Employees Association , hereinafter referred to as "Unit , " and made pursuant to California Government Code Sections 3500 et seq, City of Atascadero Ordinance No . 24 , dated July 14 , 1980 , and City of Atascadero Resolution No. 12-80 , dated July 14 , 1980 . The parties have met and conferred in good faith regarding employ- ment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13 , 1981 , and , having reached agreement , as herein set forth, submit this memorandum to the City Council with a joint recommendation that that body resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions . Section 1 . Purpose . 1 . 1 It is the purpose of this Memorandum of Understanding, here- inafter referred to as "MOU ," to promote and provide for continuity of operation in employment through harmonious relations , cooperation and understanding betweenManagement and employees covered by the provi- sions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. ., 1 .2 This MOU, shall replace and supercede the Memorandum of Under- standing (MOU) reached between the Atascadero Firefighters Association and the Board of Directors of the Atascadero Fire Protection District , dated June 24 , 1979 , as ratified by signatures thereto, dated June 25 , 1979 . 1 . 3 It is specifically understood and agreed that the Atascadero Fire Protection District MOU dated June 24, 1979 , and signed June 25 , 1979 , is hereby declared null and void , effective 0001 a.m. , July 1 , 1980 . 1 . 4 This MOU is entered into by the City and Unit to resolve dis- agreements between the City and Unit as to the provisions of the Fire Protection District MOU dated June 24 , 1979 . This MOU shall determine wages , salaries and other, benefits and conditions of employment for members of the dissolved Atascadero Fire Protection District who transferred as -full-time employees to the City of Atascadero Fire De- partment pursuant to the incorporation resolution effecting such dis- solution and incorporation . This MOU does not apply to any personnel hired after July 1 , 1980 . If any transferring Unit members are pro- moted to a higher grade after July 1 , 1980 , and during the life of this MOU they shall be paid in accordance with the City ' s adopted salary schedule except that their new salary shall not be any less Firefighters Bargaining Unit MOU than that earned prior to promotion . All other benefits agreed to herein shall apply to such promoted members. Section 2 .0 . Cessation of Legal Action . 2 . 1 Members of the Atascadero Firefighters Association , now em- ployees of the City of Atascadero , individually and collectively , agree to cease and desist with prejudice from any legal actions now or in the future which attempt to compel the City to recognize, comply with, or otherwise acknowledge the provisions of the Atascadero Fire Protection District Memorandum of Understanding dated June 24 , 1979, as agreed to by the Board of Directors of the Atascadero Fire Protec- tion District and the Atascadero Firefighters Association, either ex- pressly or by implication except as otherwise may be provided herein. 2 .2 The City of Atascadero agrees to cease and desist with pre- judice from any legal actions now or in the future which attempt to resolve any understandings , misunderstandings or interpretations of the Memorandum of Understanding dated June 24 , 1979 , as agreed to by the Board of Directors of the Atascadero Fire Protection District and the Atascadero Firefighters Association , either expressly or by impli- cation, except as otherwise may be provided herein. 2 . 3 Both parties to this MOU specifically agree to dismiss with prejudice the pending law suit Roland Snow; Atascadero Firefighters_ Association vs. City of Atascadero, Case No. 54030, filed November 5 , 1980 , involving a determination of the applicability of the Atasca- dero Fire Protection District MOU dated June 24 , 1979 . Section 3 . 0 Full Understanding , Modifications , Waiver . 3 . 1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties , whether formal or informal, regarding any such matters , are hereby suspended or termin- ated in their entirety. 3 . 2 No agreement , alteration , understanding , variation , waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and exe- cuted in writing by both parties hereto and , if . required , approved and implemented by the City Council . 3. 3 The waiver of any breach , term or condition of this Agreement by either party shall not constitute a precedent in the future en- forcement of all its terms and provisions . Section 4 .0 Sick Leave . It is agreed and understood that any unused sick leave credited as of midnight , June 30 , 1980 , to individual firefighters by the Fire District , shall be carried forward and credited by the City . Starting at 0001 a.m. , July 1 , 1980 , transferring firefighters shall earn and use sick leave subject to the provisions of Section 9 .5 of Resolution No. 12-80 , dated July 14 , 1980. Sick leave credited from either Dis- 2 Firefighters Bargaining Unit MOU trict or City service may be used as available and needed subject to the City ' s Personnel Rules and Regulations , except that any sick leave used shall first be deducted from the credited amount carried over from District service until such credits are exhausted . It is agreed and understood that the rate of determining sick leave credit and max- imum allowed accumulation is subject to change by subsequent agreement as may result from future negotiations . It is also agreed that nothing herein shall be construed as providing any vested right , mone- tary or otherwise , to any unused sick leave existing at time of retire- ment in accordance with the City' s Public Employees Retirement System contract , discharge or voluntary separation from City service . Section 5 .0 Vacation. Vacation accumulations credited to an individual firefighter by the District as of midnight , June 30 , 1980 , shall be carried forward and credited to the individual firefighter upon becoming an employee of the City. 5 . 1 Vacation leave shall be credited , computed and used as speci- fied by Section 9 . 10 , Employees Benefits , of Resolution No. 12-80 , dated July 14 , 1980 . 5 . 2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City. Section 6 . 0 Salaries . It is agreed and understood that unit members subject to this Memorandum of Understanding , shall receive the salary rates as indi- cated below. NAME BASE SALARY MAXIMUM MERIT AMOUNT Michael R. Platz 17635 . 87 1 ,753 . 85 Charles E . Fletcher 12635 . 87 1 ,753 . 85 Peter G. Gaw 11635 .87 1 ,753 . 85 Roland H. Snow 11491 . 81 1 , 594 . 42 Patrick J . Simoneau 17491 .81 1 ,594 . 42 Kenneth F. Dahlen 12491 . 81 1 ,594 . 42 The foregoing rate shall be effective as of 0001 a.m. , July 1 , 1981 . If this a rate is less than the a rate being received as pay pay g of midnight June 30 , 1981 , then the higher pay rate shall be continued until such time as the City pay scale for comparable police grade classifications equals or exceeds the amount referred to herein with Fire Captain being comparable to Police Sergeant , Fire Engineer being comparable to Police Officer , and with no comparable basic fireman vs . police classification . 6 . 1 It is expressly understood that reference( s) to the City salary classification as "Step I" or "Step II" shall only mean the pao rate associated with that particular step . It is further understood that "Step II" means the maximum merit increase permitted for that specific pay classification and that the difference between Step I and 3 Firefighters Bargaining Unit MOU the maximum merit increase is a variable amount up to the limit indi- cated by the "maximum merit amount. " Reference(s) to the Step II or "maximum merit amount" shall not in any manner imply that payment of the Step II salary rate is auto- matic or accruing to an individual because of the passage of time or qualifying condition other than merit. Rather , the above salary rate provides a transition salary and is intended to prevent any decrease in salary for fire personnel transferring from the Atascadero Fire Protection District employment to City of Atascadero employment. It is understood that the salary structure adopted herein shall be applicable for the duration of this MOU . It is also specifically understood and agreed that the disparities between police classifica- tions and firefighter classifications as indicated in paragraph 6 . 0 above shall be subject to negotiation during the Fiscal Year 1982-83 negotiation period . It is the City ' s objective to initially at least achieve parity between police and fire positions without any employee suffering an actual dollar reduction in pay presently received . Section 7 .0 Medical/Dental Benefits . City agrees to pay for all medical and dental benefits for each firefighter employee at the rate and coverage prevailing under the City 's medical and dental program as now exists through City ' s parti- cipation in the Central Coast Cities Self-Insurance Fund , known as the U" Self-Insurance JPA. It is agreed that the City will continue to pay, V- for the balance of Fiscal Year 1981-82 , dependent medical coverage -fir . but not to exceed , the amount currently paid , that is $68 . 00 per month. Section 8 .0 ` Overtime. City agrees to pay all firefighters , upon certification by the Fire Chief using authorized time card forms , for any overtime worked in excess of the established 56 hour work week as computed using 121 . 33 shifts per year as the firefighters annual shift employment at the rate of time and one-half computed against the 56 hour wage scale for the individual concerned . Section 9 .0 Holiday Time . City will continue the policy of the Atascadero Fire Protection District for the term of this MOU to grant firefighters nine (9) shifts time off per year as holiday time off. Section 10 .0 Term Life Insurance . City shall apply for a term life insurance policy for each fire- fighters in a total amount of Fifteen Thousand Dollars ($15 , 000 ) and • shall pay all premiums for such policy during the term of this agree- ment . 4 Firefighters Bargaining Unit MOU Section 11 .0 General Benefits. It is agreed that compensatory time off (CTO) , retirement and other benefits and conditions of employment shall be as specified by City Resolution No. 12-80 and City Ordinance No . 24 . Section 12 .0 Effective Date. It is understood and agreed that the provisions of this MOU shall be effective as of to 0001 a.m. , July 1 , 1981 , and shall remain in effect , unless modified by mutual agreement , until midnight June 30 , 1982. Section 13 .0 implementation . 13 . 1 This MOU constitutes a mutual recommendation to be sub- mitted to the Atascadero City Council . It is understood that this MOU shall not be binding upon the parties either in whole or in part un- less and until said City Council : (a) acts , by a majority vote, for- mally to approve and adopt said MOU ; (b) acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding. 13 . 2 Nothwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely imple- mentation of this MOU , either party may request the renewal of the meet and confer procedure. Section 14 . 0 Provisions of Law. 14 . 1 This MOU is subject to all current applicable federal , state and local laws , regulations and resolutions. All ordinances , rules and regulations enacted by the City Council shall be subject to the appropriate revisions , amendments and deletions necessary to con- form with the purpose , intent and application of the provisions of this Agreement. 14 .2 If any part or provision of this MOU is in conflict or in- consistent with such applicable provisions of federal , state or local laws or regulations , or is otherwise held to be invalid or unenforce- able by any tribunal of competent jurisdiction , such part shall be suspended and superseded by such applicable law or regulations , and the remainder of this MOU shall not be affected . Section 15 . 0 Applicability of Other MOU ' s , Rules and . Regulations �- It is agreed that all provisions of any existing or prior MOU ' s , understandings or personnel policies , customs , practices and actions not specifically included in Ordinance No . 24 and associated rules an� regulations adopted by the City Council of the City of Atascdero, shall be superseded by the provisions of this MOU . 5 Firefighters Bargaining Unit MOU - Section 16 .0 Management Rights . The authority of the City includes , but is not limited to the ex- clusive right to determine the mission of its constituent departments , commissions and boards; set standards of service; determine the proce- dures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause" ; relieve its employees from duty because of lack of work or for other legitimate reasons ; maintain the efficiency of governmental operations ; determine the methods , manning and personnel by which governmental operations are to be conducted ; determine the content of job classifications ; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however , that the exer- cise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the conse- quences or impact that decisions on' these matters may have on wage , hours and other terms of employment. ATASCADERO FIREFIGHTERS CITY OF ATASCADERO BARGAINING UNIT KENNETH F. DAHL UfRAY L LEN Employe Rr APPROVED A CHARLES E . F C ER ;rte -.' ✓ f` !..`' e?" � �, PETER G. GA ALLEN GRIMES, City Attorney MICHAEL R . PLATZ •1 RI�� SIMONEAU A)r, H. SN • 6 ORDINANCE NO. 43 AN ORDINANCE OF THE CITY OF ATASCADERO CREATING CHAPTER 2 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE , ENTITLED REAL PROPERTY TRANSFER TAX The Council of the City of Atascadero ordains as follows : Section 1 . Chapter 2 of Title 3 is added to the Atascadero Muni- cipal Code to read as follows : TITLE 3. FINANCE Chapter 2. Real Property Transfer Tax 3-2 . 101 . Short title . This chapter shall be known as the "Real Property Transfer Tax Regulations of the City of Atascadero." It is adopted pursuant to the authority contained in Part 6 .7 (commencing with Section 11901 ) of Division 2 of the State Revenue and Taxation Code. 3-2 . 102 . Tax imposed . There is hereby imposed on each deed , instrument or writing by which any lands , tenements , or other realty sold within the City shall be granted , assigned , transferred or otherwise conveyed to , or vested in , the purchaser or purchasers , or any other person or persons , by his or their direction , when the consideration or value of the inter- est or property conveyed (exclusive of the value of any lien or encum- brances remaining thereon at the time of sale) exceeds one hundred dollars($100 . 00) , a tax at the rate of twenty-seven and one-half cents ($ .275 ) for each -five hundred dollars ($500 .00) or fractional part thereof. ` 3-2 . 103 . Paid by whom. Any tax imposed pursuant to Section 3-2 . 102 shall be paid by any person who makes , signs or issues any document or instrument subject to the tax , or for whose use or benefit the same is made , signed or issued. 3-2 . 104 . Securing debt exempt Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. 3-2 . 105 . Governmental agencies exempt. The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District • of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed , instrument , or writing to which it is a party , but the tax may be collected by assessment from any other party liable therefor . Ordinance No. 43 - *al Property Transer , Tax 3-2 . 106 . Reorganization or adjustment exempt . Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment: ( a) Confirmed under the Federal Bankruptcy Act, as amended ; (b) Approved in an equity receivership proceeding in a court in- volving a railroad corporation , as defined in subdivision (m) of Section 205 of Title 11 of the United States Code , as amended ; (c) Approved in an equity receivership proceeding in a court in- volving a corporation, as defined in subdivision (3) of Sec- tion 506 of Title 11 of the United States Code , as amended ; or (d) Whereby a mere change in identity, form or place of organiza- tion is effected. Subdivisions (a) to (d) , inclusive , of this section shall only apply if the making , delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirma- tion, approval or change. 3-2 .107 . Securities and exchange commission orders exempt . Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the securities and exchange commission , as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1953 ; butonlyif: (a) The order of the securities and exchange commission in obedi- ence to which such conveyance is made recites that such con- veyance is necessary or appropriate to effectuate the provi- sions of Section 79K of Title 15 of the United States Code , relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be con- veyed. (c) Such conveyance is made in obedience to such order. 3-2 . 108. Partnerships exempt . (a) In the case of any realty held by a partnership , no levey shall be imposed pursuant to this by reason of any transfer of an interest in a partnership or otherwise , if: ( 1 ) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954 ; and 2 Ordinance No . 43 - Val Property Transer Tax (2) Such continuing partnership continues to hold the realty concerned . (b) If there is a termination of any partnership within the mean- ing of Section 708 of the Internal Revenue Code of 1954 , for the purposes of this ordinance , such partnership shall be treated as having executed an intrument whereby there was conveyed , for fair market value (exclusive of the value of any lien or encumbrance remaining thereof) , all realty held by such partnership at the time of such termination . (c) Not more than one tax shall be imposed pursuant to this ordi- nance by reason of a termination described in subdivision (b) , and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termina- tion. 3-2 . 109 . County recorder duties. The county recorder shall administer this chapter in conformity with the provisions of Part 6 .7 of Division 2 of the State Revenue and Taxation Code and the provisions of any county ordinance adopted pur- suant thereto. 3-2. 110 . Claims for refund . • Claims for refund of taxes imposed pursuant to this Chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 ) of Part 9 of Division 1 of the State Revenue and Taxation Code . 3-2 . 111 . Filing. Upon its adoption the City Clerk shall file two copies of this chapter with the 'County recorder of San Luis Obispo County. Section 2. The City Clerk shall cause this ordinance to be pub- lshed once within fifteen ( 15) days after its passage in the Atasca- dero News , a newspaper of general circulation printed', published and circulated in the City in accordance with Section 36933 of the Govern- ment Code; shall certify the adoption of this ordinance and shall cause this ordinance and this certification to be entered into 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 31st day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the Council held on AYES: • NOES: ABSENT : 3 Ordinance No. 43 - 0al Property Transer Tax ROBERT J . WI INS , JR. , Mayor ATTEST: MURRAY L . WARDEN , City Manager APPROVED AS TO FORM: A ALLEN GRIMES , City Attorney • a.• ^) • M E M O R A N D U M TO: City Council FROM: City Manager SUBJECT: Resolution amending Personnel Rules and Regulations to establish impasse procedures The attached resolution will amend our personnel rules and regulations to provide for impasse procedures in the event of a dead-lock in labor negotiations . Both the employee associations have been provided with copies of the proposed resolution for the past several weeks and have been asked to comment. Thus far , I have received no comments so I am assuming that the procedure is acceptable . In my letter to them, I advised them that I would be • putting this before the council on October 12th and that if I had not received any comments prior to that date , I would assume agreement as to- the content . It is recommended that you adopt Resolution No. 31 -81 . (MUR AY L . WARDENN`' MLW: ad 10-8-81 • RESOLUTION NO . 31 -81 RESOLUTION AMENDING RESOLUTION NO. 12-80 • REGARDING PERSONNEL RULES AND REGULATIONS TO INCLUDE IMPASSE PROCEDURES Resolved by the Atascadero City Council that Resolution 12-80 es establishing Personnel Rules and Regulations Implementing the Person- nel System for the City of Atascadero is hereby amended to include Impasse Procedures as follows : Section 1 . Section 1 . 0 , Definitions , of Resolution No. 12-80 is hereby amended to include the following: 1 . 1 Impasse . A deadlock to the annual or periodic discussions between representatives of a recognized bargaining unit and representatives of the City over any matters concerning which they are required to meet and confer in good faith , or over the scope of such subject matter ; or any unresolved complaint by an affected employee organization advanced in good faith concerning a decision of the municipal employee relations officer made purusant to the provisions of this resolution . Mediation or conciliation . The efforts of an impartial person or persons functioning as intermediaries to assist the parties in reaching a voluntry resolution to an impasse through interpretation , suggestion and advice . Mediation and conciliation are interchangeable terms . Meet and confer in good faith. The performance by author- ized City representatives and by authorized representatives of an employee bargaining unit of their mutual obligation to meet at reasonable times and to confer in good faith regard- ing matters within the scope of representation including wages , hours and defined terms and conditions of employment in an effort to ( 1 ) reach agreement on those matters within the authority of such representatives and (2) reach agreement on what will be recommended to the City Council on those matters within the decision making authority of the City Council. This does not require either party to agree to a proposal or to make concessions . Section 2. Section 7 .9 .5 , Impasse Resolution , is added as follows: 7 . 9 . 5 Impasse Resolution . Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. Representatives of either negotiation team may announce to the other as to their intention to invoke impasse proceedings . Such notification shall be either orally or in writing, but if orally, then shall be confirmed) through written notification. Notification shall state the reasons for the impasse and review the issues which have re- Resolution No. 28-800- Amending Personnel Rules sulted in the impasse . Such notification shall be provided • to either party at least 24 hours in advance of any sched- uled , final impasse resolution meeting. Upon receipt of such notification, a final impasse resolution meeting shall be scheduled between representatives of the employees bargaining unit and the City negotiations team to review the events leading up to the impasse and to attempt to achieve , through one final meeting, a solution to the impasse. Should the final impasse resolution meeting result in no change to the impasse positions of either party, then the parties shall attempt to select a specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point, the matter may be referred to the City Council . The various alternate method ( s) for resolving an impasse are : a. Mediation (or Conciliation) . All mediation proceed- ings shall be private. The Mediator shall make no pub- lic recommendations nor take any public position con- cerning the issues . Use of this procedure shall be by mutual consent of the parties at impasse. If referral to mediation is agreed to , first consideration shall be given to utilization of the State Mediation Service . Selection of the person to act as mediator shall be by agreement between the parties at impasse . . b. Determination by the City Council . The City Council shall consider the merits of the dispute at a public meeting to be held within twenty-one (21 ) working days from conclusion of the finalimpasseresolution meeting . The City Council shall render its decision concerning the disputed issues within thirty (30) days after the termination of the hearing unless a reasonable time ex- tension is deemed necessary and all parties are noti- fied . C. Any other procedures for resolving the dispute which the parties mutually agree to or which the City Council may order . Section 3 . Section 7 .9 . 6 , Fees and Expenses , is hereby added as follows : i 7 . 9 . 6 Fees and Expenses . Any fees and expenses arising from use of the impasse resolution procedures as defined herein shall be payable one-half by the city and one-half by the employee organization or organizations . On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: 2 Resolution No. 28-0- Amending Personnel Rule AYES: NOES: • ABSENT: ADOPTED: ROBERT J. WILKINS , JR . , ,Mayor ATTEST: MURRAY L . WARDEN City Clerk APPROVED AS TO F RM: ALLEN GRIMES , City Attorney • 3 XIV. Special Notice - Areas of Work The following areas are included to assist the contractor in planning his daily operations : 1. Barrenda - Honda to Alamo 23 , 760 SQ FT 2 . Alamo = Honda to Rosario 25 ,434 SQ FT 3. San Rafael - Frontage Rd to Atascadero Road 59 ,400 SQ FT 4. Atascadero Rd - Atas. Creek to Highway 41 41 ,210 SQ FT 5. San Andres Ave - Hwy 41 to Atascadero Creek 35 ,442 SQ FT 6. Santa Ysabel - South Mall Ext to Robles 41,140 SQ FT 7. So. Mall Extension - Capistrano to Santa Ysabel 54 ,380 SQ FT 8. Arena - La Luz to Liga 22 , 440 SQ FT 9. Monterey Road - Ramma to Graves Creek 37 ,050 SQ FT TOTAL 340 ,256 SQ FT SP-5 • M E M O R A N D U M TO: City Council FROM: Gity Manager SUBJECT: Reclassifying Assistant Civil Engineer position With the departure of John Kennaly, a vacancy exists in the Assistant Civil Engineer position. Larry McPherson is asking that this job and description be changed to that of the Associate Civil Engineer . The rationale is that he can attract a higher level of experience in municipal activities by specifying an Associate Civil EngineeSr The change will require an adjustment • of the salary range which should be at Range 34 ($1 ,883 . 31 ) ash . opposed to Range 30 ($1 ,712. 10) for the Assistant Civil Enginegtj"" These salaries are competative within our area. The Associate Civil En giner would have .higher qualifications than required for the Assistant Civil Engineer , basically in the experience field , thereby enhancing our overall capability. Recommend approval . U OURR Y L. WARDEN �' 3 MLW: ad "7 10-8-81 9