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Home My WebLink AboutAgenda Packet 11/20/1996 MEETING AGEkDACITY DATEJ 6 96 REM# COUNCIL REORGANIZATION RESOLUTION NO. 105-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, A General Municipal Election was held and conducted in the City of Atascadero, California, on Tuesday, November 5, 1996, as required by law; and WHEREAS, Notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Electimns Code of the State of California for the holding of elections in general law cities; and WHEREAS, Pursuant to Resolution No. 65-96 adopted July 1996, the County election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots was 7,746. That the whole number of absent voter ballots cast in the City was 3,236, making a total of 10,982 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: Jerry L. Clay, Sr. Ann Landers Jim Edwards Ken Lerno David G. Graham George Luna Terril L. Graham Jackie Vanderpool Bob Johnson William J. "Bill" Zimmerman Rush Kolemaine That the measure voted upon at the election is as follows: Measure K SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the Resolution No. 105-96 Page 2 of 2 respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that: Jerry L. Clay, Sr. was elected as Member of the City Council for the full term of four years; Ken Lerno was elected as Member of the City Council for the full term of four years; George Luna was elected as Member of-the City Council for the full term of four years; That as a result of the election, a majority of the voters voting on the measure relating to Occupancy Tax did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; (6) The total number of votes given to each person, and for and against each measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON NOVEMBER 26, 1996. ATTEST: ,Mayor City Clerk NOV-26-19% 12:15 SLO CO. RECORDER �•�� RESOLUTION NO. 105-96 EXHIBIT "A" • CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 5, 19% CITY OF ATASCADERO STAT€ OF Cr.I-,FORN1&A ) COUNTY OF SAN LUIS OBISPO } I,JULIE L.RODEWALD, County Clerk-Recorder, of the County of San Luis Obispo, State of California, do hereby certify that pursuant to law, I did canvass the requrns of the above- referenced election held in said City of Atascadero on November 5, 1996,and that a photocopy of the Statement of Votes Cast(the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate for the office of Member of the City Council, and that the total votes shown for and against each candidate for the office of Member of the City Council in said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 21st day of November, 1996. JULIE L. RODEWALD, County Clerk-Recorder NOV-26-1996 12:15 5LO CO. RECORDER P.03 CITY OF ATASCADERO 11-5-96 MEMBER OF CITY COUNCIL Page 11. 1 Precinct Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 11 12 ---- ------ ------ ------ ---- ------ ------ ------ ------ -•---- -----• --•--- CON PRECINCT 26 1081 563 52.1 39 0 85 43 71 213 34 214 86 128 102 CON PRECINCT 27 921 503 54.6 66 1 93 63 60 187 22 219 72 100 98 1 1 CON PRECINCT 28 1038 613 59.1 40 1 93 46 62 254 34 276 80 147 94 232 CON PRECINCT ;'29 423 234 55.3 13 0 32 32 22 95 8 99 26 73 56 78 CON PRECINCT 122 799 448 56.1 51 2 64 47 40 190 8 196 51 127 94 150 CON PRECINCT 123 894 459 51.3 37 0 54 43 30 221 24 203 70 90 81 200 Cow PRECINCT 124 934 500 -53.5 53 0 61 27 49 190 21 228 65 112 111 178 CON PRECINCT 125 1054 541 51.3 56 1 96 49 50 223 37 223 82 105 83 201 Cow PRECINCT 126 1033 577 55.9 59 1 74 35 49 227 26 243 77 155 107 223 CON PRECINCT 127 1033 576 55.8 63 0 87 65 49 227 29 240 76 130 112 195 CON PRECINCT 128 817 440 53.9 47 0 68 4b 61 147 30 213 67 83 95 136 Cal PRECINCT 129 829 394 47.5 54 0 61 .,47 34 115 30 177 53 74 76 96 am PRECINCT 130 907 446 49.2 60 0 68 56 45 129 34 161 53 88 74 148 CON PRECINCT 131 876 509 58.1 51 2 71 44 57 208 46 192 54 112 98 215 Cat PRECINCT 132 768 377 49.1 38 1 67 40 4b 130 24 161 60 75 73 128 CON PRECINCT 133 1190 566 47.6 66 2 101 58 63 198 52 191 73 45 99 194 ABSENTEE C 26 0 223 0.0 13 0 54 44 30 70 12 97 32 58 46 E_ CON ABSENTEE CON 27 0204 0.0 14 0 33 19 31 88 19 81 31 52 43 61 ABSENTEE CON 25 0 .233 0.0 16 0 43 33 38 92 5 110 23 59 63 77 ABSENTEE CON 29 0 112 0.0 6 0 23 10 13 45 7 55 17 32 30 31 ABSENTEE CON 122 0 236 0.0 7 0 46 28 23 68 7 113 34 62 58 77 ABSENTEE COIL 123 0 230 0.0 18 0 42 28 23 101 9 109 27 63 51 84 ABSENTEE CON 124 0 222 0.0 18 0 21 25 20 97 18 89 31 49 31 87 ABSENTEE CON 125 0 233 0.0 ' 24 1 33 22 28 88 19 87 33 38 45 89 ABSENTEE CON 126 0 248 0.0 U 0 44 26 34 117 8 85 26 66 62 100 ABSENTEE CON 127 0 229 0.0 21 1 45 27 18 89 7 88 38 55 36 87 ABSENTEE CON 128 0 177 0.0 9 0 47 26 29 73 12 72 29 28 30 .63 ABSENTEE CON 129 0 140 0.0 13 1 22 10 25 46 20 48 24 33 200 ABSENTEE CON 130 0 155 0.0 16 0 16 14 14 64 13 60 23 26 17 ABSENTEE CON 131 0 174 0.0 11 O 44 21 28 67 4 63 30 52 27 70 ABSENTEE CON 132 0 178 0.0 16 0 30 14 16 54 17 88 26 42 39 61 ABSENTEE CON 133 0 242 0.0 35 0 41 20 29 SO ,28 90 34 34 33 70 �> Precinct Totals 14597 7746 53.1 793 11 1175 741 788 2954 459 3236 1045 1644 1453 2756 =_> Absentee Totals 0 3236 0.0 250 3 584 367 399 1259 205 1335 458 749 631 1164 a� Total VateS 14597 10982 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 -----•--------------------------- ------------ C O L U M N L E G E N D --------------------------------------------------- I I 1: MBR CITY COUNCIL 4: MBR CITY COUNCIL 7: MBR CITY COUNCIL 10: NBT CICITY OTFTA�CAVERO CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO Blank Votes J114 EDWARDS ANN LANDERS DAVID G. GRAHAM ` 2: MBR CITY COUNCIL 5: MBR CITY COUNCIL 8: MBR CITY tblN1C[L 11' C�YCO�A AOSCADERO CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO WILLIAM T SCADZIMERMAN Over Votes RUSH KOLEMAINE GEORGE LMA ` 3: 116R CITY COUNCIL d: MBR CITY COUNCIL 9: MBR CITY COUNCIL 12: MBR CITY COUNCIL CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO CITY JERRYOL. CLAY DEERO BOB JOHNSON KEN LERHO TERRIL L. GRAHAM '-••--------------------------------•--------------------------------•------------- ---------------------- - ---- -7 NOV-26-1996 12:15 SLO CO. REUMEK F .W" CITY OF ATASCADERO 11-5-96 MEMBER OF CITY COUNCIL Page 11. E C A P Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 11 12 4k-TA-L DIST 1 SUPERVISOR 3463 2685 77.5 207 2 456 290 327 1044 141''' 1151 367 649 532 944 TOTAL DIST 2 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0' 0 0 O 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 D TOTAL DIST 5 SUPERVISOR 11134 8297 74.5 836 12 1303 818 860 3169 523 3420 1136 1744 1552 2976 TOTAL VOTERS 14597 10982 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 CONGRESSIONAL DIST 22 14597 10962 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 STATE SENATOR DIST 18 14597 10982 75.2 1043 14 1759 1108 1187 4Z13 664 4571 1503 2393 2084 3920 ASSEMBLY DISTRICT 33 14597 10982 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 STATE 6RD OF EQUAL 2 14597 10982 75.2 1043 14 1759 1108 1167 4213 664 4571 1503 2393 2094 3920 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 D CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF I4ORRO BAY 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF PASO ROBLES G G G.G G C 0 0 0 U? O 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 O 0 0 0 0 0 0 0 0 0 CITY OF ATASCADERO 14597 IDM 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 UNINCORPORATED O O• 0.0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL VOTERS 14597 10982 75.2 1043 14 1759 1108 1187 4213 664 4571 1503 2393 2084 3920 -------------------------------------------------- ---------------------------------- --------- - C O L U M N L E G E N D ---------------•--------------- --------------f 1: M8R CITY COUNCIL 4: MBR CITY COUNCIL 7: MBR CITY COUNCIL 10: NOR CITY,COUNCIL CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO ' JIM EDU� ATA ANN LANDERS DAVID G_ GRAHAM Blank Votes + 2: MBR CITY COUNCIL 5: KBR CITY COUNCIL 8: MBR CITY COUNCIL 11: MBR CITY COUNCIL TASCADERO ' CITY OF ATASCADERO CITY OF ATASCADERO CITY WILLIAM J. ZIMMERMAN Over Votes RUSH KOLEMAINE GEORGEE LU RA ATASCADERO ' 3: MBR CITY COUNCIL 6: MBR CITY COUNCIL 9: MBR CITY COUNCIL 12: MBR CITY COUNCIL ATASCADERO CITY OF ATASCADERO CITY OF ATA CITY OF ATASCADERO CITY � ATASCADERO BOB JOHNSON KEN LERNO TERRIL L. GRAHAM JERRY L. CLAY SR. ------- ------------------ ------ NOV-26-1996 12:16 SLO CO. RECORDER P.05 CITY OF ATASCADERO 11-5-96 MEMBER OF CITY COUNCIL Page 11. 1 Extension 1 Precinct Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 11 12 CON PRECINCT---------- --10$1 .563 52.1 ---1�-- ---5 ------ - ------ -- -- ------ ------ ------ ------ ------ -- CON PRECINCT 27 921 503 54.6 91 0 CON PRECINCT 28 1038 613 59.1 104 1 CON PRECINCT 29 423 234 55.3 47 1 CON PRECINCT 122 799 448 56.1 73 0 CON PRECINCT 123 894 459 51.3 103 0 CON PRECINCT 124 934 500 53.5 95 0 CON PRECINCT 125 1054 541 51.3 108 D CON PRECINCT 126 1033 577 55.9 98 0 CON PRECINCT 127 .1033 576 55.8 116 0 CON PRECINCT 128 817 440 53.9 73 0 CON PRECINCT 129 829 394 47.5 61 3 CON PRECINCT 130 907 446 49.2 93 3 CON PRECINCT 131 876 509 58.1 94 2 COIF PRECINCT 132 768 377 49.1 73 0 CON PRECINCT 133 1190 566 47.6 139 0 ABSENTEE WN 26 0 223 0.0 38 0 ABSENTEE CON 27 0 204 0.0 48 0 ABSENTEE CON 28 0 233 0.0 41 0 ABSENTEE CON 29 0 112 0.0 27 0 ABSENTEE CON 122 0 236 0.0 44 0 ABSENTEE CON 123 0 230 0.0 39 0 ABSENTEE CON 124 0 222 0.0 57 0 ABSENTEE CON 125 0 233 0.0 60 0 ABSENTEE CON 126 0 248 0.0 52 0 ABSENTEE CON 127 0 229 0.0 43 0 ABSENTEE CON 128 C 177 0.0 45 2 ABSENTEE CON 129 0 140 0.0 42 3 ABSENTEE CON 130 0 155 0.0 30 O 0 ABSENTEE ON 131 0 174 0.0 30 0 ABSENTEE CON 132 0 178 0.0 34 2 ABSENTEE Cow 133 0 242 0.0 61 6 W=2. Precinct Totals 14597 7746 53.1 1490 15 =� Absentee Totals 0 3236 0.0 691 13 �a Total Votes 14597 10982 75.2 2181 28 -- C 0 Lit M N L E G E N D --------------- 7: 10: j 1: MBR CITY COUNCIL 4: CITY OF ATASCADERO JACKIE VANDERPOOL 2: MBR CITY COUNCIL CITY OF ATASCADERO Writein Votes 3: 6: 9: 12: '---------------------------------------------------------------------------------------------------------------------- ---- NUV—db—l:1Jb ld;lb bLU l.U. ICCIUICLCIC CITY OF ATASCADERO 11-5-96 MEMBER OF CITY COUNCIL Page 11. Extension t R E C A P Voters Trnout Pct 1 2 3 4 5 6 Y 8 9 10 11 12 _ _ _ 3333-- ------ 3333-- 3333-- 3333-- 3333-- 3333-- - - - - --3463 - ----- ----- ------ 3333 3333-- 3333-- 3333-- TAL D[ST 1 SUPERVISOR 3463 2685 77.5 518 7 TOTAL DIST 2 SUPERVISOR 0 0 0.0 0 Q TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 TOTAL DIST 5 SWERVISOR 11134 B297 74.5 1663 21 TOTAL VOTERS 14597 10982 75.2 2181 28 CONGRESSIONAL DIST 22 14597 10962 75.2 2181 28 STATE SENATOR DIST 18 14597 10982 75.2 2181 28 ASSEMBLY DISTRICT 33 14597 10982 75.2 2181 28 STATE BRD OF EQUAL 2 14597 10982 75.2 2181 28 CITY OF ARROYO GRANDE 0 a 0.0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 CITY OF NOW BAY 0 0 0.0 0 0 CIT' OE PAST R08LE5 0 0 0.0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 CITY OF ATASCADERO 14597 10982 75.2 2181 28 UNINCORPORATED 0 0 0.0 0 D TOTAL VOTERS 14597 10482 75.2 2181 28 -------------------------------------------------- C 0 L U M N L E G E N D ---------------------------------------------------- 1: KBR CETY COUNCIL 4: 7: 10: ( CITY OF ATASCADERO ( JACKIE VANDERPOOL ( 2: MBR CITY COUNCIL 5: 8: 11. l CITY OF ATASCADERO ( uritein Votes 12: 3: 6: 9: 46 i ------------------------------------------------------------------------------------------- ----------------------------------- NOU-26-1996 12:17 SLO CO.. RECORDER P.07 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 5, 1996 CITY OF ATASCADERO - MEASURE "K" STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk-Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 5, 'I996, and that a photocopy of the Statement of Votes Cast (the original of which is on file in my office) to which this certificate is attached, shows the number of votes cast in said City for and against said Measure "K", and that the totals shown for and against said Measure "K" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "K": "Shall the adjustments made to the Transient Occupancy Tax(TOT) by Ordinance No. 257 adopted on October 13, 1992, be ratified and approved?" WITNESS, my hand and Official Seal this 21st day of November, 1996. JULIE L. RODEWALD, County Clerk-Recorder NUV-dcfb-177b lG;1'( SLU W. K-t-UKUtK r.uo MEASURE K - CITY OF ATASCADERO 11-5-96 TRANSIENT OCCUPANCY TAX Page 65. 1 Voters w inct---------------- ------ ------ --Pct -- 1 -----2 -----3 ---- 4 -----5 ---- 6 -----7 -----8 -----4 --- 10 ----11 ----12 wN PRECINCT 26 1081 563 52.1 71 0 296 197 CON PRECINCT 27 921 503 54.6 66 0 300 137 CON PRECINCT 28 1038 613 59.1 70 0 347 196 CON PRECINCT 29 423 234 55.3 35 0 135 64 CON PRECINCT 122 799 448 56.1 72 0 261 115 CON PRECINCT 123 894 459 51.3 64 1 258 137 CON PRECINCT 124 934 500 53.5 55 0 323 122 CON PRECINCT 125 1054 541 51.3 56 2 309 174 CON PRECINCT 126 1033 577 55.9 85 2 303 187 CON PRECINCT 127 1033 576 55.8 80 0 336 158 CON PRECINCT 128 817 440 53.9 50 0 252 138 CON PRECINCT 129 829 394 47.5 57 0 187 150 CON PRECINCT 130 907 446 49.2 60 0 207 177 CON PRECINCT 131 876 509 58.1 49 0 288 170 CON PRECINCT 132 768 377 49.1 47 0 204 126 CON PRECINCT, 133 4.190 566 47.6 73 1. 291. 20'. ABSENTEE CON 26 0 223 0.0 36 0 119 68 ABSENTEE DON 27 0 204 0.0 32 0 108 64 ABSENTEE CON 28 0 233 0.0 26 0 152 55 ABSENTEE CON 29 0 112 0.0 11 0 76 25 ABSENTEE CON 122 0 236 0.0 30 1 141 64 AMUTEE CON 123 0 230 0.0 33 0 142 55 ABSENTEE CON 124 0 222 0.0 22 1 145 53 ABSENTEE CON 125 0 233 0.0 22 0 143 6B ABSENTEE CON 126 0 m 0.0 27 0 145 76 ABSENTEE CON 127 0 229 0.0 28 0 143 58 4RSENTEE CON 128 0 177 0.0 23 0 94 60 SEKTEE CON 129 0 140 0.0 26 0 74 40 ABSENTEE CON 130 0 155 0.0 21 0 70 64 ABSENTEE CON 131 0 174 0.0 26 0 109 39 ABSENTEE CON 132 0 178 0.0 16 0 105 56 ABSENTEE CON 133 0 242 0.0 34 0 115 93 Precinct Totats 14597 7746 53.1 990 6 4297 2449 => Absentee Totals 0 3236 0.0 413 2 1881 938 m" Totat Votes 14597 10962 75.2 1403 8 6178 3387 -------------------------------------------------- C 0 L U A N L E G E N D ----------------!-----------------------------------' 1: MEASURE K 4: MEASURE K 7: 10: I i � OCCUPANCY TAX OCCUPANCY TAX Blank Votes NO I I � 2: MEASURE K 5: I OCCUPANCY TAX I Over Votes 3: MEASURE K 6: 9: 12: E I OCCUPANCY TAX 1 YES ib------------------------------------------------------------------------------------------ ------------------------------- ---� NOV-26-1996 12:17 SLO CO. RECORDER MEASURE K - CITY OF ATASCADERO 11-5-96 TRANSIENT OCCUPANCY TAX Page 65. R E C A P voters Trnout _Pct -----1 ---- 2 -----3 -----4 - 5 6 7 8 9 10 11 ------------------------ ------ ------ - ----- ------ ------ ------ -- ------ --- TOTAL DIST 1 SUPERVISOR 3463 2685 77.5 347 0 1533 806 TOTAL DIST 2 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 11134 8297 74.5 1056 8 4645 2581 TOTAL VOTERS 14597 10982 75.2 1403 8 6178 3387 CONGRESSIONAL DIST 22 14597 10982 75.2 1403 8 6178 33x7 STATE SENATOR DIST 18 14597 10982 75.2 1403 8 6178 3387 ASSEMBLY DISTRICT 33 14597 10982 75.2 1403 8 6178 3387 STATE BRD OF EQUAL 2 14597 10982 75.2 1403 8 6178 3357 CITY OF ARROYO GRADE 0 0 0.0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 CITY OF "WRO BAY 0 0 0.0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 CITY Of PISMO BEACH 0 0 0.0 0 0 0 0 CITY Of ATASCADERO 14597 10982 75.2 1403 8 6178 3387 UNINCORPORATED 0 0 0.0 0 0 0 0 TOTAL VOTERS 14597 10982 75.2 1403 8 6178 3387 C 0 L U K N L E G E N D --------------------------------------------------- 1: ASURE.................................................. -----------------" . K 4: MEASURE K 7: 10: liE ( OCCUPANCY TAX OCCUPANCY TAX ( Btank Votes NO ( 11: ( 2-.-MEASURE K 5: 8n ( OCCUPANCY TAX ( Over Votes 3: MEASURE K 6: 9: 92: ( OCCUPANCY TAX ( YES ------------------------------------------------------------------------------------------------------------------------------- 12-08 FROM. CITY MORGAN HILL ID• 4067793117 PAGE 2 Agenda Item: A-1 Meeting Date: 11/26/96 ATASCADERO CITY COUNCIL OCTOBER 8, 1996 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna ted the Pledge of Allegiance. ,i ML CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Roy 'Onley, Deputy City • Attorney; Brady Cherry, Director of Cf ammunity Services; Steve Decamp, City Planner/Acting Community Development Director, Lt, Bill Watton, iActing Police Chief; John Neil, Assistant City Engineer and David Foote, Contract Environmental Consultant CQ NCIL MMMENTS: Councilmember Luna reported that the Finance Committee had 'stet for over 17 hours during the past week on the proposed 1996/97 fiscal year budget. Andy Takata provided an update and reported that Finance Department staff have been working overtime to input budget data and noted that he expects the budget to be distributed on Thursday, October 10"i. The budget hearing is scheduled for October 17, 1996 at 7:00 p.m., he announced. Councilmember Johnson asked for a follow-up from staff about':questions a member of the public had at the meeting of September 24`" regarding the Carlton Hotel. Roy Hanley reported a meeting is being scheduled with Mary Walsh in an effort to answer her questions, cc 10/08/96 Page 1 ",jV-26-fps 12-08 FROM- CITY MORGAN HILL I D- 4097783117 PAGE i Councilmember Johnson asked staff to clarify a particular Mastercard charge. Roy Hanley reported that the City had been erroneously charged for airline tickets to Atlanta, when, in fact, reservations had been made for the City Manager and Mayor to fly to Sacramento for a meeting. The trip was canceled, he explained, and the City received a full refund. PRQCLAMALONS: "Fire Prevention Week", October 6-12, 1996 The Mayor presented the proclamation to Captain Peter Gaw, Atascadero Fire Department. • "Red Ribbon Week", October 23.31, 1996 Susan Warren accepted the proclamation for the North County Connection. COMMIJNITY FORUM Lanny Dugar, 8330 Santa Rosa Road, spoke to the issue of the Police Chief termination and asked everyone to step back, find out all facts and take proper action. Bob Johnson, 3985 Rosita, urged the Council to reinstate the Police Chief and asserted that it is not right to convict someone without hearing their side of the • story. He added that he believes it inappropriate for the City Manager to act as the hearing officer in this case. At the request of Councilmpmher Johnson, Roy Hanley summarized administrative processes outlined in the Municipal Codc and Personnel Rules & Regulations. Jackie Vanderpool, 9191 Sari Diego Road, argued that the Police Chief is not an at-will employee and requested that the Council call in a neutral arbitrator to assure a fair hearing. She said she supports the Police Chief one hundred percent and feels that the termination in unwarranted. Mrs. Vanderpool also commented that when she requested information from the f=inance Department on other matters, she was told that the City Manager required that she put her request in writing. Dr. George Blount, 5760 Traffic Way, spoke in opposition to proposed bikelanes on Traffic Way because they will reduce much needed ori-street parking, Leo Korba, 10905 Santa Ana Road, criticized Planning CUtrlrnlssioners/Candidates for City Council Bob Johnson and Jim Edwards for expressing opinions about the cc 10108/96 Page i_)V-26-UG 12.09 FROM. CITY MORGAN HILL ID• 4097793117 PACE tl Police Chief's termination without having all the facts. • Bob Nimma 7375 Bella e a Vista Road, commended the City Council for diligence and fairness in dealing with the personnel issue surrounding the Police Chief. Stew Thomson, 2744 Bella Vista, urged the Council to investigate those who are responsible for getting the City into its financial situation instead of pursuing the termination of the City's Police Chief. John Cole, 8710 Sierra Vista Road, spoke In support of the Police Chief and the Police Department. Rush Kolemaine, 4850 Potrero Road, read a memorandurn calling for the City Manager's termination. Terril Graham, 6205 Conejo Road, said he supports the Council's action as it relates to the Police Chief and re-asserted concern about the amount of money allocated by the City to the Chamber of Commerce. He argued that the Chamber Director should not be lobbying against the bikelane projects. Micki Ready, Executive Director of the Chamber of Commerce,;explained that her salary Is paid for by the Chamber membership and Clarified that she had not been lobbying against the bikelanes, but rather on a fact-finding mission. A. QQNSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1, ACCEPTANCE OF IMPROVEMENTS - RECLAIMED WATER EXTRACTION WELL PROJECT, PHASE 2 l8id No. 96-02) (Staff recommendation: Accept) 2. FINAL TRACT MAP 95002 (TRACT 2998). 3555 EL CAMINO REAL - Final approval of subdivision to divide a 5.24 acre parcel imu Five (5) one-acre parcels for single-family residential use (Shores/ShannonlCannon Assoc.) (Staff recommendation: Approve) 3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE (Staff recommendation: Approve) 4. RESDLUTION NO. 88-26 - Authorizing award of bid for Dial-A-Ride vehicle to be purchased with Federal grant funds for transportation purposes !Staff recommendation: Adopt! cc 1010"6 Page 3 • i- ._V-2u-WG 12.08 FROM- CITY MORGAN HILL ID• 4087783117 PAGE 6 5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES (Staff recommendation: ApprovelRefer to Planning Commission for adoprion) The Mayor pulled Item #5. Terris Graham pulled Items #2 and 3. MOTION: By Councilmember Carden, seconded by Councilmember Bewley to approve Items #1 and 4; motion passed unanimously by roll call vote. Re: Item #2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL Final approval of subdivision to divide a 5.24 acre parcel into five (5) one- acre parcels for single-family residential use (Shores/Shannon/Cannon Assoc.) )Staff recommendation. Approve) Councilmember Bewley stepped down due to a potential conflict of interest. Terril Graham requested clarification of why this matter was again on the agenda. Councilmember Luna indicated that the matter is now a final tract map and must, by law, be approved by the City Council." He noted that he had, however, voted against it when it was a tentative map. MOTION: By Cotincilmember Carden, seconded by Councilmernher Johnson to approve Item #2; motion passed 4:0. is Councilmember Bewley returned Lu the dias. Re- Item #3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE fStaff recommendation: Approve) Councilmember Carden stepped down due to a potential conflict of interest. MOTION: By Counuilmember Johnson, seconded by Councilmember Luna to approve Item #3, motion passed 4:0. Councilmember Carden returned to the dies. Re: Item #5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES )Staff recommendation: Approve/Refer to Planning Commission for adoprionl Steve DoCar ip provided the staff report and explained that staff is also cc felts Pa9*# M i•1-_V--20-WG 12. 10 FROM, CITY. MORGAN HILL ID. 40e7793117 PACE L-V recommending that the appeal fee be waived If the Planning Commission is not able to take action. An amendment to the fee resolution would',;, be necessary, he added, and staff would request direction to make such a revision, if the City Council agrees with the recommendation. Perlis; S Qna02g ts: Eric Greening. 7366 Valle, asked why a change was being recommended. He wondered why a tie vote by the Commission could not simply just be continued to the next meeting. Roy Hanley explained that State Law has certain streamlining requirements and indicated that tie votes at the Planning Commission level can legally be interpreted as a failure to take action, which may result in an action to approve. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Carden to approve Item #5; motion passed 5:0. There was consensus to direct staff to make revisions to the fee resolution, as it relates to appeals. S. PUBLIC HEARINGS: INGS: 1. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005, 2600 EL CAMINO REAL, - Consideration of concurrent amendments to the City's General Plan and Zoning Ordinance maps to change the band use designation of the site from "Industrial Park" to "Commercial Park" and the zoning district (rorn "industrial Park UP)" to "Commercial Park (CPK)" (Johns/Churchill (Cont'd from 9124/96) A. Resolution No,,78-96 - Amending the Industrial Park land use description and the land use map designation from Industrial Park to Commercial Park at 2600 EI Camino Real (Planning Commission recommendation: Adopt) B. Ordinance No.,= - Amending the Zoning Ordinance Text by the addition of (CPK) zoning district and amending Map 11 of the official zoning maps by rezoning certain real property located at 2600 EI Camino Real from (IP) industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Planning Commission recommendation: Motion to waive reading in full and introduce an first resdinq, by title only) Councilmember Bewley stepped down due to a potential conflict of interest. Steve DeCamp provided the staff report and recommendations to approve. There were cc 1010ais6 Page 5 1.iV-26-e6 12. 11 FROM. CITY MORCAM HILL ID• 40e7793117 PACE Y no Council comments or questions. Public omrneats: . Terril Graham voiced opposition to the zone change because of additional lights and traffic. He said that he was not sure that extending the Ford dealership was really appropriate for Atascadero and observed that it may not be in the community's best interest. Allan Yarborough, owner of Atascadero Ford, spoke in support and explained that he has outgrown his facility. He added that the dealership will be expanded by thirty percent and argued that it will be an enhancement to the community. Micki Ready spoke in favor of the zone change and noted that Atascadero Ford has contributed over $30,000 towards youth sports and other community events. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Resolution No. 78-96, motion passed 4:0 by roll cal! vote. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to waive the reading in full and introduce Ordinance No. = on first reading by title only; motion passed 4:0 by roll cal! vote. Councilmember Bewley returned to deliberations. 2. GENERAL PLAN AMENDMENT 95002/ZONE CHANGE 95003 - Consider the certification of a Final I EER the General Plan Amendment and Zone Changeeknown as the "South Atascadero Urban Service Line ExtE;nsion and General Plan Land Use Map Amendment" A. Environment Impact Report - Certify as adequate under GEQA (Planning Commission/Staff recommendation: Ap at p ravel B. Approving g an amendment to the General Plan Land Use Element by amending the Commercial Park and industrial Park land use descriptions, changing the land use map designation from Suburban Ro i s dential to Comr-nercial Park and High Density Y Multiple Family,and extending The Urban Services Linc; within the South Atascadero specific plan area (GPA 95009; City of Atascadero/Hendrix) (Planning Commisslon recommendation: No recommendation /Staff recommendation: Adopt) CC tomer 6 Page a l.QV-26-96 12. 11 FROM- CITY MORGAN HILL ID• 4ee7793117 PAGE Et C. orsiin rice No. 311 - Amending the Zoning Ordinance text by creating a (CPK) Commercial Park zoning district, adding Punned Development Overlay No. 10 and amending Map 23 of the official zoning maps by rezoning certain real property located at 11500 ElCamino Real from (RS) Residential Suburban to (CPK) Commercial Park with (FH) Flood Hazard and (PD 10) Planned Development #10 overlays and (RMF-1 B) High Density Multiple Family (ZC 95003; City of Ataseadero/Hendrix) (Planning Commission recommendation: No recommendation /Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) Steve DeCamp provided the staff report. He emphasized that there is no specific project at this time. David Foote, environmental consultant, was present to respond to questions regarding the environmental analysis. In-depth inquiries by members of the City Council about the environmental impact report (EIR) followed. The City Attorney addressed legal issues. Individual Council comments followed. Councilmember Luna commented that he doesn't think it would be appropriate to have an auto-mail in town and shared disappointment with the EIR and the fact that the city had to pay for it. Councilmember Carden voiced concern that underlying property rights might be usurped with a planned development overlay and the requiietrient that a master • EIR be prepared for any development occurs, Councilmember Johnson asked if alternative mitigation measures could be- substituted. esubstituted. The Deputy City Attorney indicated that if deemed acceptable, other measures could be approved by the City Council, Mayer Highland pointed out that the subject area is the only pike of property where there is a possibility that substantial commercial development will occur and remarked that he supports the planned development overlay because it will prevent further strip development on El Camino Real. The Mayor called a break called at 9:25 P.m. At 9:35 p.m., the areetinrg resumed. EUblic Comments Leo Korba asked for clarification about the sewer expansion, who will participated and how much it will cost. John Neil responded. Donald Jones, 4585 Viscano, had some questions about projected effluent, as outlined in the EIR. David Foote responded. cc iorasres Page 7 ,,jv-26-28 12. 12 FROM- CITY MORGAN HILL ID- 40e7793127 PAGE E3 Rex Rew, 9190 Santa Rosa, suggested that the property be zoned high density residential. Carol Ball, 7070 Marchant, spoke in favor of the zone change but voiced concern that too many restrictions are being placed on development. Nancy Hyman, 10760 Colorado Road, spoke in opposition and asserted that the proposed land use change will adversely impact the quality of the land. She explained she had some concerns about visual impacts and argued that there is not enough information at this time to approve the zone change. Jackie Vanderpool, 9191 San Diego Way, spoke in favor of the change in zoning. Joan O Keefe, 9985 Old Morro Road East, asserted that the EIR is insufficient and speculated that the taxpayers will be stuck with all the costs of services, while the developer will be the beneficiary. ---end of public testimony--- Councilmember Carden proposed that the EIR be modified by eliminating the following: 1) two mitigation measures recommended for Halcon Road, Z) the recommendation that the direction for the sewer main be eastward, 3) requiring a 35 foot setback, and 4) widening of the Santa Barbara Road bridge. Staff asked for a five-minute recess to consult with the City Attorney regarding the proposed changes suggested by CouncilrTiember Carden. Following a five-minute recess, Steve DeCamp reported that staff believes the mitigation measures proposed for Halcon Road may be eliminated without serious consequence as they are riot called for in the City's Circulation Element. Staff continues to recommend an eastward direction for the sewer, he said, but added that this matter can be addressed as a development standard when there is a firm project. He explained that the 35 foot setback was recommended to establish a suitable buffer, but indicated that staff believes ibis, too, can be applied on a project by project basis. Roy Hanley advised that these changes do not relieve any developer in the future from mitigating all identifiable impacts or from being required to prepare their own subsequent EER at that time. MOTION: By Councilmember Carden, sec:ondod by Councilmember Johnson to certify the EIR, as amended; motion passed 4:1 with Councilmembor Luna voting in opposition. MOTION: By Ctiuncilmember Carden, Councilmember Johnson to find that the deletions approved are not significant; motion passed 4:1 with Councilmember Luna voting in opposition, cc 10108196 Page a it.SV-26-96 12. 13 FROM- CITY MORGAN HILL ID. 40e7793117 PACE 110 MOTION: By Councilmember Carden, seconded by Councilmember Johnson to adopt Resolution No. 77-96, as amended by adding the lot known as 9160 San Diego Way; motion passed 4:7 with Councilmember Luna voting In opposition. MOTION: By Councilmember Carden to not require a+,planned development overlay. The motion died for lack of a second. Counclimember Johnson suggested that the planned development overlay be altered consistent with the EIR as It relates to the 35 foot setback (see Exhibit C of Draft Ordinance No. 31jj. Councilmember Carden agreed. MOTION: By Councilmember Johnson, seconded by Councilmember Bewley to waive the reading in full and introduce Ordinance No. 3-U by title only, and to amend Exhibit C - Planned Development Overlay #12 consistent with the changes approved in the EIR Slterns D and H); ,~notion passed 3:2 lCouncilrnernber Luna and Mayor Highland opposed). C. REGULAR BUSI ESS: 1• - Consenting to the transfer and assignment of the existing cable television franchise contract with Falcon Cable Systems Company, L.P. to Falcon Cable Systems Company 11, L.P. hi Atascadero, CA (Staff recommendation: Adopt) • The City Manager provided a brief staff report and emphasized that this Matter was simply approving tho name change. He clarified that no revisions to the franchise agreement could be addressed at this time. MOTION: By Councilmember Luna, seconded by Councilmember Bewley to approve Resolution No. 89-96; motion carried unanimously by roll call votc. Z• - Amending Map 23 of the official zoning maps, rezoning certain real property at 10780 EI Camino Real from RMF/16 to RMF/16 (PD7) (ZC 96009: Shannon/Shores/Sholders) fSraff recommendation: Waive reading in full and adopt„nn second reading by title only) Councilmember Bewley stepped down due to a potential conflict of interest. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Ordinance No. on second reading; emotion passed 3:1 0 tura opposed). cc 10/08196 Page 9 ivuV-25-96 12. 13 FROM- CITY MORGAN HILL ID• 4ee7793117 PAGE 11 (Luna opposedl. D. C MMITTEE SPORT (The toilowing represent standing committees. Informative status reports will be given, as felt necessary,): 1. S.L.O. Council of Govern ments/S.L,0. Regional Transit Authority - Councilmember Carden reported on the last meeting and noted that major items for discussion included housing density and the long-term transit plan. 2. Finance Committee - Councilmember Luna reported that at the last Planning Commission meeting there was discussion relating to a recent recommenda- tion by the Finance Committee to reduce postage costs by requesting that the practice of mailing out agendas packets to commission members be dis- continued. Councilmember Carden pointed out that the committee is ooking at every possible way to Out costs and noted that the City is truly pinching pennies. The City Manager reported that he had sent a memo to members of the Planning Commission clarifying the action. Mayor Highland commented that he donates back to the City reimbursement he receives for travel costs. 3. Air pollution Control District - Mayor Highland reported that the committee had met on the 2e of September. 4. Ad Hoc Regional Water Management Committee - Mayor Highland reported that the committee had met the previous week to discuss water supply for Santa Margarita. E. 1INDIVIDUAL QETERMiNATit11 R kQJT 0N; 1. City Council Councilmember Johnson reported that he and the mayor had met recently with Bill Bendit, retired Human Resources Director for Stanford Research Institute, to discuss with him the possibility of having him perform a management review audit. He explained that Mr. Bendit has offered to provide this service at no charge to the city and added a recommendation that the Council direct staff to take him up with his offer, By mutual agreement, the City Council directed staff to meet with Mr. Bendit. 2. City Clerk Lee Price, addressing public testimony provided by Jackie Vanderpool earlier, provided clarification about how Mrs. Vanderpool's request for information had cc 10108196 Page 10 r i- ?V-26-S38 12. 14 FROM. CITY MORGAN HILL ID• 4097783117 been handled by staff. The City Clerk emphasized that the City Manager had not taken any action whatsoever regarding her request, indicated that it was the Clerk's Office who had asked for the request in writing and summarized the Previsions of the Public Records Adt. AT 10:44 P.M., THE CITY COUNCIL. ADJOURNED THE MEETING TO THURSDAY, OCTOBER 17, 1996 AT 7:00 P.M. FOR PURPOSES OF CONDUCTING A SPECIAL. MEEITNG TO REVIEW AND CONSIDER THE PROPOSED 1996197 FISCAL. YEAR BUDGET. MINUTES RECORDED AND EPARED BY: LEE PRIG , C.M.0 CITY CLERIC CC lixt)NO4 Pali 11 i t i-.0V-26-90 11 .39 FROM- CITY 'MORGAM HILL ID- 40e7793117 PAGE U _s Agenda Item: A-2 Meeting Date: 11/26/96 ATASCADERO CITY COUNCIL SPECIAL MEETING OCTOBER 17, 1996 MINUTES PURPOSE OF T-Hr- ETINg: The City Council met to conduct a workshop to review and consider the proposed City budget for Fiscal Year 1996/97. The Mayor called the meeting to order at 7:02 p,rn. and Councilmember Bewley led the Pledge of Allegiance. CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner; Roy Hanley, Deputy City Attorney; Brady Cherry, Director of Community Services; Lt. Bill Watton, Acting Police Chief; Mike McCain, Fire Chief aril rJohn Neil, Assistant City Engineer A LIC COMMENTS; Hal Hayes interrupted the proceedings to demand that no public notice had been given about the budget worksh0P The CiiYMana erraported . t a public hearing notice had been published by the Arascadero News on:October 11, 1996 and provided Mr. Hayes with a copy of the notice. Special 10/17/96 Dago 1 itis V-�6-136 11 -39 FROM- CITY MORCAN HILL ID- 4087783117 PAGE El MEETING- it; iG „IS: Andy Takata summarized the overall budget and responded to questions from the Council regarding General Fund Revenues. Departmental budgets were reviewed individually and staff responded to numerous questions from the City Council and members of the public. Councilmember Luna presented a "no-layoffs" option, which would involve the following: 1) no layoffs, 2) leaving unfilled positions currently now vacant (including the position of Community Development Director), 3) hiring a finance director and two firefighters and 5) eliminating two police officer positions (currently vacant). During the course of the workshop, the City Councll gave the following direction to staff., • Look into the possibility of imposing a water franchise fee. • Remove $17,457 from the Fire Department budget for medical payback (an Amount already included in the health insurance line item account). • Bring ,flack at a later date a study session, possibly with a consultant, to look at service levels for Dial-a-Ride. Provide a written report summarizing all the costs, including legal fees, refaced to the acquisition of Stadium Park. • Meet with Atascader© Waste Alternatives and the CitylScItuul committee to determine how much the schools are contributing to the solid waste stream. • Postpone any decision regarding conuncinity group fundirng until the mid-year budget review. Research alternative COP debt service payment formulas. /n addition, the City council: • Appro ved Councilmember Luna's 170-layo ffs"option, which includes the elimination of two police officer positions and the hirincg of two firefighters and a finance director or accountant (to be determined by the City Manager). • Directed staff to bring back a revised budget document, reflecting the changes appro ved, for adoption at the next meeting. Special 10/17(96 Paw 2 THE MEETING WAS ADJOURNED AT 11:36 P.M. THE CITY COUNCIL WILL MEET NEXT 1N REGULAR SESSION ON TUESDAY, OCTOBER 22, 1996 AT 7:00 P.M. MINUTE RDED N PREPARED BY: LEE PRICE, C.M.0 CITY CLERIC SPOciat 10/17/96 Page 3 ivy v— y—itici 1 1 -J U ebeUM. U I TY MUR'GAN HILL ID- 4087783117 PAGE 2 ;Agenda Item: A- 3 Meeting Date: 11/26/96 ATASCADERO CITY COUNCIL OCTOBER 22. 1996 MINUTES The Mayor called the meeting to order at 7:02 p.m. Councilper�: on Carden led the Pledge of Allegiance, ROLL CELL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Prosent: Rudy Hernandez, City Treasurer and Lie Price, City Cleric Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City Attorney; Brady Cherry, Director of CoMmunity Services; Steve DeCamp, City Planner/Aching Community Development Director, Lt. Bill Watton, Acting Police Chief; Mike McCain, Fire Chief and Alicia Lara,';Personnel Analyst Mayor Highland presented a plaque to Lee Price in hunvr of her service as the City Cleric for the mast Seven years. Members of the City Council and the City Manager expressed appreciation. The City Manager reported that the City Council has only thirty days to either appoint somRone to serve the unexpired term of two years or Call a special election. The City COuncil directed staff to Open a recruitment and solicit applicants for City Clerk. COMMUNITY FORUM: Myril pouglf.;s, 8005 FI Retiro, announced activities for this your's annual cclshration of the Juan Batista Anza Historic Trail. cc torxzrss Pagel r Bob Lilley, 8740 Pueblo, voiced concern about delays in seeing upon the agenda a request by his client, Self-Storage, for a ruling on their request for a waive of development impact fees. Roy Hanley explained that a nurTlber of calls have come in recently from people who want to request a fee waiver and/or are suggesting the development fee issue be revisited. He reported that he is preparing a legal opinion on this matter and had planned to announce his intent to do so under Individual Determinatlon. Counclimember Carden remarked that he thought the Finance Committee was going to look at this issue. The City Manager clarified that although the committee may look at residential development impact fees, this matter relates to commercial development, The City Council directed staff to resolve the matter as soon as possible and directed the Deputy City Attorney to bring back a draft contract for a certain amount of fees and any mechanism for securing the balance. Councilmember Carden asked staff to also prepare a report on comparable fees. Ann Land ers-Ketchersida commented that she thinks that developer fees are too high and that the issue should be studied. She also voiced a concern that too many items are lumped together as one in the proposed budget. A. CONSENT CA,F;UQM; 1 CITY COUNCIL MINUTES - September 10, 1996 (City Clerk's recommendation: Approve) 2, CITY COUNCIL MINUTES September 11. 1996 (Adjourned Meeting) (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - September 24, 1996 (City Clerk's recommendation: Approve) 4, RE -T10N NI?Rn-p6 - Authorizing a lease agreement with Superior Officc Systems for photocopiers (Staff recommendation: Adopt] 6• RESOLUTION-1111D,22--9A - Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance with the Transportation Development Act (Staff recommendation: Adopr) 6• RESOI IITION NQ 9 M _Adapting the 1996/97 Fiscal Year Budget (Staff recommendation: Adopt) 7• RESOLUTjQft NO•- 3.96 - Adopting Salary Schedule for Full-Time and Temporary Part-Time Employees (Staff recommendation: Adopt) 8• :N -Amending contract with the Zoological Society in regard CC 10122/96 Pagp Z A a .s 1( ri<ul't- 4-LAY MURGAM HILL ID. 40137793117 PAGE 4 to the zoo Education Coordinator Position (Staff recommendation: Adopt) Mayor Highland reported that Item #6 had been pulled at the request of staff and would be continued. Rush Kolemaine requested that Items #4 and 7 be pulled for questions and comments. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Items #1, 2, 3, 5 and B; motion passed 5.0 by roll call. die: #4. - - Authorizing a lease agreement with Superior Office . Systems for photocopiers )Staff recommendation; Adopt) Kush Kolemalne thanked staff for providing more information an this,matter and urged a "yes" vote. MOTION: By Councilmember Luna, seconded by Councilmember Bewley to adopt Resolution NO. ; motion passod 5:0 by roll call vote. pe: #7. - Adopting Salary Schedule for Full-Time and Temporary Part-Time Employees (Staff recommendation; Adopts Andy Takata requested approval and indicated that he would like, for the record, approval to make departmental transfers Of staff members to assure that the work loads are being met. There was full Council support. MOTION. By Counclimember Carden, seconded by Councilmember Johnson to approve Resolution No. 93-9Fi; ,notion passed 5.•0 by roll call vote. B. E,U111J !-igAaw ,fi: 1• GENERAL PLAN AMENDMENT 96005/ZONE CHANGE 96407 A- NogativO Declaration - Find to be adequate under (fie provisions of CEQA and the State and local guidelines for its implementation (Planning Co.rtmission/Staff recommendation: Find to be adequate) B• - Amending the Land Use Map of the General Pian by modifying the land use designation of the site from "Office" to "High Density Single Family" (Planning Commission/Staff recommendation: Adopt) C 4rd[nanon..No. 315 -Amending the Zoning Ordinance by changing the zoning CC 10/22/96 Page 3 • a-aca . �a a Y L.H.J"tImm ti LL IU- 4087 793 1 1 7 PAGE G district shown on the Zoning Ordinance Map for the site from "CP" (Commercial Professional) to "LSF-X" (Limited Single Family - High Density) (Planning Commission/Staff recommendation; Motion to waive reading in full and introduce on first reading, by title only) Steve Decamp provided the staff report and recommendations, There were no questions or comments by members of the City Council or public. MOTION: By Councilmember Carden, seconded by Councilmember ,Johnson to find the negative declaration adequate under the provisions of CEQA; motion passed 5:0 by roll call vote. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Resolution No. 8&2% motion passed 5.0 by roll call vote. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to waive the reading in full and introduce Ordinance No. M by title only; motion passed 5:0 by roll call vote. C. GULAFt 1• 0MINANGE NO, 311 -Amending the zoning Ordinance text by creating a (CPK) Commercial Park zoning district, adding Planned Development Overlay No. 10 and amending Map 23 of the official zoning maps by rezoning certain real property located at 11500 El Camino Real from (RS) Residential Suburban to (CPK) Commercial Park with (FH) Flood Hazard and (PD10) Planned Development 1110 overlays and (RMF-16) High Density Multiple Family (ZC 95003; City of Atascadero/Hendrix) (Staff recommendation: Motion to waive reading in lull and adopt on.second reeding, by title only) Steve DOCamp provided a brief staff report and noted that Exhibits A and C have been modified, pursuant to Council direction at the previous meeting. MOTION: By Councilmember Johnson, seconded by Councilmember Bewley to adapt Ordinance No. 3.1 on second reading by title only; motion passed 4:1 (Lana apposed). 2. Q DINAKg ND. 31;j . Amending the Zoning Ordinance Text by the addition of a (CPK) zoning district and amending Map 11 of the nffieial zoning maps by rezoning certain real property located at 2600 El Camino (teal from lip) industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Staff recommendation: Motion to waive reading in full and adopt on second reading, by title only/ cc 10/22196 Page 4 r...,v—_•ea-0/o ♦ A .'I y It 0/"U". 4.I YY MURGAN H1 LL 10. 4087793117 PACE r6 Councilmember Bewley stepped down due to potential conflict of interest. Stave Decamp provided the staff report and recommendation to adopt on second reading. There were no comments by the City Council or by any member of the public. MOTION: By Councilmember Johnson seconded by Councilmember Carden to adopt Ordinance No, M on second reading by title only; motion Passed 4:0. Councilmember Bewley returned to the dies. D. 1- S.L.Q. Council of Governments/S.L.O. Regional Transit Authority - Councilmember Carden reported that there is no meeting this month and announced that he will attend a CALCOG meeting next month_ 2. Economic Round Table_ Councilmember Johnson reported that the round table had received a report by the new director of the Economic Vitality Corporation and noted that the group will be coming forward with some recommendations for regional economic development. E. 1. City Attorney . Roy Hanley reiterated that there have been several inquiries about development fee waivers and asked if the City Council wishes to have these matters agendized for the next meeting. There was consensus to not calendar any other request than that of Self-Storage (Bob Lilley). 2. City Clerk Lee Price expressed appreciation to members of the City Council and to staff. 3. City Manages Andy Takata noted that the City Council would meet on Wednesday, October 23 Id at 7:00 p.m. in a special meeting for purposes of reviewing the revised reclamation plan and operations agreement for the Millhollin Mine. At 7:53 p.m., the City Council adjourned to a continued Closed Session. Said Closed Session wA-a adiourned at 6:12p.m. There were no announcemen is. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL RE WEDNESDAY, OCTOBER 23, 1996 AT 7:00 P.M. FOR PURPOSES OF CONDUCTING A SPECIAL MEETING CC 10/2246 Page 5 L L •sct rtCVl•/• "LAY muftumm HILL lu. 4OC37783117 PAGE 7 TO REVIEW AND CONSIDER A REVISED RECLAMATION PLAN AND OPERATIONS AGREEMENT FOR THE MILLHOLLIN MINE. MINUTES RECORDED ND PREPARED BY: LEEP ICgE, C.M. CITY CLERK CC 70122!96 Page 6 Ili Agenda Item: A-3 Meeting D 11/26/96 * 'N �TICE: TH MINU S FOR THE CIT UNC 'S TOBER 2 1996 M TING WI BE DI RIBUTED EPARATELY. Agenda Item: A-5 Meeting Date: 11/26/96 * NOTICE: THE MINUTES FOR THE CITY COUNCIL'S NOVEMBER 12T" 1996, MEETING WILL BE DISTRIBUTED SEPARATELY. REPORT TO C-.ITir COUNCIL Meeting Date : 11/216/96, nTm 1 r OF AT Cln nn n ngendat. Item: A-6j C`h„ �.:1 From; randy Ta-ka-ta., City Ma.na.ger S 11 JECT: Payment. ,of A Vdited Pills and Payroll for the month of Oct.^,her , 1 �9F_ RECOWMPnD A TION: nt,- proYe cert. if 3.ee nit y accounts pa.`v'a.h i e pa.yro and pa.y rol i vendor checks for the -month of October, 1996. I"St t.a.CS,P_. v ,_.,unci l review a.na.pprova.I n.r��, t.,,e follow- A, o f lows ng: _rr1_, T n.V T i,11 Pe-^i ii_j Tl t_7 i d nn "1 /nF � � one nn . ,_ FrI tt. Fn: 1^/l1 :96 n� -LL200n7_2014 ; 117 . 4Il=r . f}F, P4 n,d End in/25 /06 r 1. u2o7n 2onn ® Ba. 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Decamp File No.:: TTM #96013 Acting Community Development Director From: pp**j- Doug Davidson, Senior Planner SUBJECT: Consideration of a tentative tract map application to subdivide two lots, 8 . 94 acres total, into eight (8) lots of approximately one acre each for single family residential development,, Subject site is located at 3425/3505 El Camino Real (Norton/Peters) . RECOMMENDATION: Per the Planning Commission' s recommendation, approval of Tenta- tive Tract Map #96013 based on the Findings and 'Conditions of approval contained in the staff report, dated November 6, 1996 . { BACKGROUND: On November 6, 1996, the Planning Commission conducted a public hearing on the above-referenced map. After discussion (see attached Minutes Excerpts) , the Commission voted unanimously to recommend approval of Tentative Tract Map #96013. /ph, Attachments : Planning Commission Staff Report - November 6, 1996 Minutes Excerpts - November 6, 1996 cc: Paul Norton Denton Peters 000008 CITY OF ATASCADERO Item: B . 3 STAFF REPORT FOR: Planning Commission Meeting Date: November 6 1996 BY•1 Doug Davidson, Senior Planner File No: TTM 96013 SUBJECT: Consideration of a tentative tract map application to subdivide two lots, 8. 94 acres total, into eight (8) lots of approximately one acre each for single family residential development. RECOMMENDATION: Staff recommends the following actions: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That Tentative Tract Map 96013 be approved based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. A. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Paul Norton 2 . Representative. . . . . . . . . . . . . . .Denton Peters 3. Project Address . . . . . . . . . . . . . .3425/3505 El Camino Real 4 . Site Area. . . . . . . . . . . . . . . . . . . . 8 . 94 acres (gross) 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Res . Single Family, one acre minimum lot size) 7 . General Plan Designation. . . . .Mod. Density Single Family 8 . Existing Use. . . . . . . . . . . . . . . . .Single Family Residence 9. Environmental Status . . . . . . . . .Negative Declaration posted October 15, 1996 1 000009 • B. BACKGROUND: On March 19, 1996 and April 2, 1996, the Planning Commission conducted public hearings on General Plan Amendment" 95006/Zone Change 95009. After initial concern over the adequacy of the environmental review regarding the Urban Services Line (USL) boundary and sewer system capacity, the Commission recommended approval of these applications to the City Council .' On April 23, 1996 the Council adopted the Resolution and Ordinance to extend the USL and change the land use designation to moderate density single family residential to allow for future one acre parcels . C. ANALYSIS: The argument for appropriateness of one acre parcels in this location has already been made and accepted as part of the above- referenced General Plan Amendment (GPA) . The entire surrounding area framed by El Camino, Colima, San Anselmo, and San Berfito is characterized by one-acre parcels. Furthermore, a conceptual subdivision plan was presented with the GPA application showing a good layout for one-acre parcels. The proposed Tract Map is similar to recent subdivisions to the east (Rosita Ave. ) , and particularly to the tract currently under construction immediately to the south. The fundamental considerations in subdivision design are contained in Chapter 8 of the Subdivision Ordinance (Section 11- 8 . 101) as follows : "The layout of streets and lots within a subdivision shall be consistent with the densities and types of uses authorized by the General Plan, specific plans, and zoning. The subdivision design shall also recognize the physical conditions of the site, such as slope soil types, and adjacent land use, which may further limit uses of the property. The subdivider must simultaneously consider such factors as terrain, solar exposure, development objectives, and options available under these regulations in order to design a subdivision which best meets the needs of those who will occupy it as well as the community as a whole. " The proposed subdivision upholds this principle well . The tract is in compliance with the Subdivision Ordinance design standards - no exceptions are being requested. Likewise, the proposed new street conforms to the City Engineering and Fire Department standards for construction of new roads ending in a'; cul-de-sac. The one acre sites allow adequate area for house pads to be created without substantial earthwork; also, no native trees need to be removed to accommodate the proposed improvements or residential construction. 2 000010 CONCLUSIONS• The project is consistent with the City' s General Plan and Subdivision Ordinance. The environmental review has uncovered no potentially adverse effects associated with the subdivision. Lastly, the project is compatible with the character of the neighborhood in which it is located. ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (Zoning) Attachment C -- Tentative Tract Map Attachment D -- Prelim. Grading/Drainage Plan Attachment E - Supplemental Information (Applicant) Attachment F -- Negative Declaration Attachment G -- Findings for Approval Attachment H -- Conditions of Approval _. 3 o,00-11 ATTACHMENT A �I�✓-=- �`�+" ( TIA (_)14 ALAE;( _AI )H`K(_) LAND USE MAP »' ■� TTM 96013 COMMUNITY DEVELOPMENT z,. DEPARTMENT r�- A01� r RETA; . OMMERCI .JJ f lJ1Jlil7Jli 11111111148 OA IVA J ` r r r • 000012 ATTACHMENT B �'`i!. _. =<t'i ( 'I I'Y (_)H A'�AC:AT1FT?ll 1 ZONING MAP COMMUNITY DEVELOPMENT TTM 96013 DEPARTMENT y N • \\ aVL > o T \ � AMt:L - J Ta4N 1 ' o s• a0s,r4 till .E I .LA ` l 1 I CN _ lr('' l ' I s I i , !ILII• 04 p C o ao.., PI i V EN.o H ` o.o i .aocop 000013 ATTACHMENT C � f3' LI I Y U AIA�C A I )I-",I _) TENT. TRACT MAP :: � �T H7R - - - ' TTM 96013 CnMMUNITY DEVELOPMENT DEPARTMENT 1p IJ � RiR• y 1 _ _--- --� -_____. L y � _ � _•jam 1 + - _ mow..... - .. '�s 16 1 �� "�� i��. I `•'.�. - �"--tea-~_- _.- n, I . \ 1° , '. ' 1 t,q� I ro ti :i•l�� L 1_ � _ i �` 7- I \/�:�,��,iuefi •� L_-.,-t tic 31151 78/TATK AMP I i TRK,'1.723G �v�i�o oEracwa+r U-2 000014 ATTACHMENT D �✓ ., .+1ti','� (,-11 Y UP AIA`J AL)F K U GRADING/DRAINAGE PLAPI -, -.. COMMUNITY DEVELOPMENT TTM 96013 ,OA., DEPARTMENT a ` • j ��w - N`` `�Y'� ms`s � �'` _ - - —••�- �L-:�. .!� t Ti 16 is �•. ., '�'l - - ---- - 11,fb ru is �•. '•'•��' ,''; ' f`t - - �,- I► Z —��—�' is `�``` ;,''; ;', ► I -fi� - _Y_ ' • ''�j� 16' _- LD tl y E (i i� t�g isa.waara�oaowwsn�w P'et6t'SpvG�NG R �� •E TR4Cr 2239 o•a a o�.0-LOG e:i ATASC AD6i0.G ..,. 141 1 �...�........� ,.. 000015 ATTACHMENT E TTM 96013 ENVIRONMENTAL SETTING 1 PROJECT SITE The property for the proposed development consists of two parcels totaling approximately 8.94 acres. The site is located on the east side of El Camino Real between San Anselmo Avenue and San Benito Road. The site generally slopes down from the northeast to the southwest toward EI Camino Real, with slopes ranging from 5 percent to 15 percent. Each lot will contain an appropriate building envelope with acceptable slopes. Native grasses cover the site in varying densities with only a few trees sprinkled throughout the property. The existing trees do not interfere with the proposed access roadway or potential building sites and should not be affected by the proposed development. A few domestic animals(horses)are cuarently corralled on the property but no abundant native wildlife is apparent. A small drainage swale traverses the property from the northeast to the southwest. The watershed area draining to this swale is only a few acres in area and will not prodnme massive storm flows. The development of this site, especially the access roadwray, must consider this drainage pattern. According to the United States Department of Agriculture Soil Conservation Service Soil Survey of San Luis Obispo County,the native soils in the region are Oceano Loamy Sand and Arnold Loamy Sand. Although these soils are suitable for rorads and building improvements, there is a medium to rapid storm runoff and erosion hazard potential. Future development of this site must take drainage and erosion conditions into account. This site and the proposed development can be serviced by city sewer and_:tascadero Mutual Water Company water. Power, telephone, and all other contemporary services(cable)will also be available. A single-family home exists in the northeast corner of the property. This home is owned and occupied by the proposed developers, William and Martha Verheyen. This home will remain and will receive new lot lines in the subdivision of the entire property. This site does not represent a historical or cultural location. Tlt s site is on a hillside and does present a moderate scenic view of the adjacent hills and mountains. It is expected that the"homes for this proposed development will be confined to single story structures to help maintain views from uphill locations. 2. SURROUNDING PROPERTIES Although this property is adjacent to El Camino Real, it is generally located in a residential region and surrounded by single-family homes. Along the northwest boundary of this site are four homes. Two single-tarr:ly homes exist on t%yo separate iots(parceis i n i that were originally parts of Lot 100(parcel of this properly. These homes front EI Camino Real and access to the Verheyen's home is along the northern side of these lots The areas immediately northeast and southeast of this site are currently vacant but single-family homes exist within a few hundred feet of the property borders. El Camino Real is adjacent to this property on the southwest border. Commercial developments, the Chapel of the Roses and the Colony Park commercial plaza, exist along the opposing side of El Camino Real adjacent to this site. The nearest commercial development along the same side of 000016 ATTACHMENT E (CONT . ) El Camino Real(as this site)is at the corner of San Anselmo avenue and El Camino Real, approximately one-quarter of a mile to the southeast No substantial commercial developments exist along this side of El Camino Real to the north. Like this site, the surrounding areas are on hillsides and contain moderate scenic views. The development of this site will not impact surrounding property views. There are no historical or cultural concerns for the areas surrounding this site_ ENVIRONMENTAL EFFECTS 1. Existing Drainage Swale: As previously mentioned, a small drainage swale traverses through this site from the northeast to the southwest. This drainage pattern is not represented as a"Blue Line Stream" on the USGS 7 1/2 minute map for this area. Development of this site must take this feature into account. 8. Existing slope: The site has slopes that range from 5%to 15%. All preliminary building locations contain areas that slope below city requirements and are suitable for construction. The access road will be constructed with a slope of 10%-12%, which is within city standards. 13. Existing Trees: Sparse trees exist throughout the site, some native oaks and some varietals. The development of the site, the proposed building locations and access road,will not adversely impact these trees or require removal. ADDITIONAL INFORMATION A. Development Alternatives: Due to the existing land use in the area of this property, especially alone the same side of El Camino Real, no other development other than single-family residences have been proposed or considered. Commercial development of this site makes no sense given there are no other commercial developments adjacent to or within the near vicinity of aills property. 1 Mull:-'aTtiy residential development could viwiStiuct%d orthis site but uhlere i is no buffer from the large one-acre estate type homes that surround this property. The five-acre parcel immediately adjacent to this property on the southeast has recently received approval for subdividing into one-acre parcels This. along with the mainrity of the other parcels in the area in the one-acre range, makes this property the most nonconforming piece in the block. Subdividing this property into one-acre parcels will bring this area into conformance and reflect a"better planned" community. B. Preliminary Grading and Drainage Plan: A Prelimin.: Grading and Drainage Plan has been prepared and submitted with the Tentative Map Application. This plan illustrates the proposed street and lot grading configurations as well as the proposed off-site and on-site drainage control devices. 1 i 000017 ATTACHMENT F (TTM 96013) U/ i" ► \ !''T'T'V nV ATACf`AT1Ti T.?fl soilENVIRONMENTAL COORDINATOR , _ , CM�`°` NE, ATIVE; DECLARATION COiV Mb-1%TI'IY DEVELOPMEI'T DEPT. 6500 PALTMA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: P/4 u L N 01Z tv AJ AE-A)ion) PFI-F_/ZS Oot.tS /Y%Op►zo Ate.. 3,tv LAS tABe-o s V) �, S. C14 3 y z z T' i-I Pc E�vi1JJ C4 S PROJECT TITLE: 7 tAito 1 t li r -'RAc_f- MA J' Wot 3 - `tRAC7 2-2-37 PROJECT LOCATION: 3 yz S A SC S rL (�4M 4 a AF-A & PROJECT DESCRIPTION: b i u►s►v N c F two Le#_s 8,1`/ A�_-i2 F_.S tm S i Z E fV ML, /Nfn Cb) Cot FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but comulatively considerable. 4. The project:mill .not cause substant4ial adverse effects on h,_lnan beings either directly or indirectly. project DETER�NKINA TION: Based on the above findings, and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. Steven L. DeCamp, farting Director Community Development Department Date Pasted: b ER !�� 9 Date Adapted: CDD 11-89 000018 ATTACHMENT G - Findings for Approval Tentative Tract Map #96013 3425/3505 El Camino Real (Verheyen/Norton/Peters) November 6, 1996 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1 . The proposed subdivision is consistent with applicable General and Specific Plans. 2 . The design and/or improvement of the proposed subdiv-i-sion is consistent with applicable General and Specific Plans . 3 . The site is physically suitable for the type of development proposed. 4 . The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed is improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems . 000019 ATTACHMENT H -- Conditions of Approval Tentative Tract Map 96013 3425/3505 El Camino Real (Verheyen/Norton/Peters) November 6, 1996 CONDITIONS OF APPROVAL: Fire Department Conditions 1 . Prior to the recordation of the Parcel Map, one new on-site fire hydrant shall be installed. Water mains and fire hydrants shall be installed and in service prior to beginning of combustible construction. The precise type and exact location of said fire hydrant shall be as approved by the Fire Marshall and City Engineer. Engineering Division Conditions 2 . All improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the final map, all outstanding plan check/inspection fees shall be paid. 4 . An encroachment permit shall be obtained from the City Engineering Department prior to the issuance of building permits . 5. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the final map stating that a soils report has been prepared for the project. The document shall provide the date the report was prepared along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 1 000020 6 . All public improvements shall be secured with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City Standard Unit Prices for Bonding Estimates . The Guarantees posted for this project shall be approved by the City Attorney. 7 . A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 8 . All existing and proposed utility, pipeline, open -space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 9. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 10 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 11 . Any utility trenching in existing streets which results from construction of the project shall be overlayed to restore a smooth riding surface as required by the City Engineer. 12 . Drainage facilities shall be constructed to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. 13 . Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off- site areas shall be conveyed across the project site in private drainage easements. 14 . A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the recordation of the final map. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 2 000021 M15. A sedimentation/erosion control plan addressing interim erosion control measures to be used during construction shall be submitted for review and approval by the City Engineer prior to the recording of the final 'map. The sedimentation/erosion control plan shall be prepared by a registered civil engineer. 16. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. El Camino Real shall be improved from centerline to the property frontage in conformance with City Standard 407 (Arterial) . The improvements shall extend from the easterly corner of Lot 101, 3/MB/21 (AC) to the westerly corner of Parcel 3 of 3/PM/80, or as approved by the City Engineer. The improvements shall exclude the construction of the raised median. The improvements may require the . overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a ''smooth join with existing improvements. b. The on-site street shall be fully improved to City Standard Drawing 404 (Rural Hillside Collector) . C. A 50' offer of dedication shall be provided for the on-site street. The offer of dedication shall be recorded prior to, or in conjunction with, the recordation of the final map. d. The on-site cul-de-sac shall be fully improved to City Standard 415 (Typical Cul-de-Sac, urban) . e. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes . f. A cross gutter in conformance with City Standard Drawing No. 421 shall be constructed at the intersection of the new street and El Camino Real . 3 000022 17 . All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the improvements. 18 . A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 19. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the tract map. . 20. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The final map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 21 . The applicant shall acquire title or interest in any off- site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions . The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 22 . All work shall be completed, or bonded, prior to prior to recordation of the final map. The applicant shall enter into a Subdivision Agreement with the City if the work is to be bonded. The Subdivision Agreement shall be submitted for review and approval by the City Attorney and City Engineer. The Subdivision Agreement shall be recorded in conjunction with the final map. 23. Sewer annexation fees shall be paid prior to the recordation of the final map. 24 . The applicant shall merge that portion of Parcel 3 of 3/PM /80 between the El Camino Real right-of-way and the northeast boundary of Parcel 1 of 3/PM/80 with Parcel 1 of 3/PM/80, or as approved by the City Engineer. The merger shall be recorded prior to, or in conjunction, with recording the final map. 4 000023 . Community Development Department Conditions 25. The existing home on proposed Lot 4 shall receive access and utility service, including sewer and water, from the right-of-way of the new street. The existing water service, septic system, and driveway for Lot 3 shall be abandoned in conjunction with the construction of public improvements. The grading and erosion control plan shall ensure the restoration and revegetation of the existing driveway area to a naturally appearing condition. 26. In conjunction with condition #15 cited above, the erosion control plan shall address long term erosion control as well as temporary. 27 . A geotechnical engineering report for the construction of all on-site and off-site improvements shall be subm_.-fitted with the improvement plans. 28 . A road name of Spanish origin or named after ''a historically significant deceased person shall be shown for approval on the final map. 29. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received Prior to the expiration date. 5 000024 MINUTES EXCERPTS - 11/6/96 Planning Commission Meeting - November 6, 1996 Page 7 of 11 • The Chairman called a break at 7 .50 p.m. At 7 .55 the meeting reconvened. B.3 TENTATIVE TRACT MAP 96013: Consider the application of Paul Norton (Verheyen/Peters) for a Tentative Tract Map for the division of two lots, 8 .94 acres in size total, into eight (8) parcels of approximately one acre each for single family residential use. Subject site is located at 3425/3505 El Camino Real. STAFF RECOMMENDATION: Doug Davidson The Planning Commission should recommend the following actions for City Council consideration: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That Tentative Tract Map 96013 be approved based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. TESTIMONY: Denton Peters - Applicant' s representative answered questions from the Commission. John Neil responded to questions from the Commission regarding how drainage was being handled on the project. ACTION: Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. Motion: , Wallace Second: Johnson AYES : Wallace, Johnson, Bowen, Hageman, Zimmerman, Sauter, Edwards NOES : None ABSENT: None MOTION PASSED: 7 :0 00002.5 Planning Commission Meeting - November 6, 1996 Page 8 of 11 ACTION: Approve Tentative Tract Map 96013 based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. Motion: Wallace Second: Johnson AYES: Wallace, Johnson, Bowen, Sauter, Hageman, Edwards, Zimmerman NOES: None ABSENT: None MOTION PASSED: 7:0 B.4 TENTATIVE PARCEL MAP 96004/ZONE CHANGE 96014: Consider the applications of Duwayne Streeper =(Vaughan Surveys) for a Tentative Parcel Map and Zone Change for the creation of a Planned Development Overlay Zone (PD) which would result in the division of one 3.79-acre parcel into three (3) parcels of 3. 33, 0 .22, and 0.24 acres each for single family residential use. . STAFF RECOMMENDATION: Doug Davidson The Planning Commission should recommend denial of Tentative Parcel Map #96004 based on the Findings for Denial contained in Attachment F. TESTIMONY: Tom Vaughan - Vaughan' s Surveys, .representative of the applicant, argued in favor of the project and expressed disappointment in staff ' s recommendation of denial. Duwayne Streeter - the applicant, 7055 Sombrilla, felt that there was confusion regarding the access to the property and explained the feasibility of the project. ACTION: Deny Tentative Parcel Map #96004/Zone Change 96014 based on the Findings for Denial contained in Attach- ment F. Motion: Johnson Second: Wallace AYES : Johnson, Wallace, Sauter, Bowen, Hageman, Zimmer- man, Edwards 000026 CITY OF ATASCADERO • STAFF REPORT Agenda item: A-8 Through: Andrew J. Takata Date: 11/26/96 City Manager File No. : TPM #96008 Via: /� Steven L. Decamp 1 Acting Community Development Director From: D• „Kelly Heffernon, Administrative Analyst SUBJECT: Consideration of a tentative parcel map application to divide a 1 .50 acre site (gross) into two parcels of 0.74 and 4.76 acres each for single family residential use. The subject site is located at 8805 Old Santa Rosa Road (Roland Lanini/Ren Wilson)';:. RECOMMENDATION: Per the Planning Commission' s recommendation, approval of Tenta- tive Parcel Map 196008 based on the Findings of Approval contained in the staff report, dated November 6, 1996 and the attached Revised Conditions of Approval. BACKGROUND: On November 6, 1996, the Planning Commission conducted a public hearing on the above-referenced map. After discussion (see attached Minutes Excerpts) , the Commission voted unanimously to recommend approval of Tentative Parcel Map 96008. /Ph Attachments : Planning Commission Staff Report - November 6, 1996 Minutes Excerpts - November 6, 1996 + Revised Conditions of Approval - November 6, 1996 cc: Roland Lanini Ken Wilson 00002°7 I CITY OF ATASCADERO Item: B .2 STAFF REPORT is FOR: Planning Commission Meeting Date: November 6, 1996 pp' 'VIA: Steven Decamp, City Planner ,BABY: Kelly Heffernon, Administrative Analyst File No: TPM #96008 SUBJECT: Consideration of a tentative parcel map application to divide a 1.50 acre site (gross) into two parcels of 0.74 and 0.76 acres each for single family residential use. The subject site is located at 8805 Old Santa Rosa Road. (Roland Lanini / Ken Wilson) . RECOMMENDATION: 1. That the Negative g e Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2. That Tentative Parcel Map #96008 be approved based on the Findings contained in Attachment (E) , and subject to the Conditions of Approval contained in Attachment(F) . A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . Roland Lanini . 2. Project Address. . . . . . . . . . 8805 Old Santa Rosa Rd. 4. Legal Description. . . . . . . . Lot 17, block 10 in the City of Atascadero Colony (Book 3, page 8 of Maps) 5. Site Area. . . . . . . . . . . . . . . . 1.50 acres 6. Zoning. . . . . . . . . . . . . . . . . . . Residential-Single-family (RSF-X) (half-acre minimum lot size) 7. General Plan Designation. High Density Single Family 8. Existing Use. . . . . . . . . . . . . Single Family Residence 9 . Environmental Status. . . . . Negative Declaration posted 10/24/96 1 ouoozs B. BACKGROUND On May 7, 1996, the Planning Commission conducted a public hearing to amend the General Plan Land Use Map by redersignating the property between Old Santa Rosa Road, West Frontage Road, Atascadero Avenue and Portola Road from Moderate Density Single Family to High Density Single Family. The Planning Commission also approved to rezone the same property from ResidentialSingle Family with a one acre minimum lot size (RSF-Y) to Residential Single Family with a one-half minimum lot size (RSF-X) . On May 28, 1996, the City Council approved resolution No. 29-96 to officially amend the General Plan Land Use Map and on June 11, 1996, adopted ordinance No. 305 to rezone the property. The subject property is within this boundary. (See Attachments) . C. ANALYSIS• The applicant proposes to subdivide one existing lot, 1.-5.0 gross acres in size, into two parcels, 0.74 and 0.76 acres each for single family residential use. The subject parcel is surrounded by parcels of less than one-half acre in size. All parcels in the area are presently developed with single family residential uses. The proposed parcels are larger than the minimum parcel size. As the recent General Plan amendment foresaw, the land use pattern of the area supports the division of this property. The newly created parcel is suitable for construction of a single family residence. The slope is less than 2% requiring little grading. Of the seven trees located on this parcel there are two native oak trees, one of which would require Planning Commission action to remove. However, the site can be easily developed without removing either of the two oak trees. D. CONCLUSIONS: The project is consistent with the City's General Plan and, with conditions of approval recommended herein, satisfies applicable Zoning/Subdivision requirements. After review of the site and its surroundings, staff has found no indication that potentially significant environmental effects could result from project approval and has found the project consistent with the character of the neighborhood in which it is located. 2 00002-9 ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (Zoning) Attachment C -- Tentative Parcel Map Attachment D -- Negative Declaration Attachment E -- Findings for Approval Attachment F -- Conditions of Approval TPM96008.rpt • 3 000030 , ATTACHMENT A �►ry�' =— `�V CI l Y Ut, AIA`iCA F)F R-0 1 Ali —s " SCAD COMMUNITY DEVELOPMENT LAND USE MAP ' DEPARTMENT TPM 96008 r`•.�`"'_Y f }tiles .., ♦\ ` Ob08 \�� i�t ♦ -. ° ; Co. ` ;oSIT Y MU Y \� s LT1 �AMIL g / 41-1 6. ._::. �S.L .Ip� :. ��.,.; � '�ir # - � 1 �.-�-rte... ..L_'�7/rr�,r. �`'�_ �j!^]'�•� -�j{ - i.+ � tf'- r - _ �J� � .jib♦,� i` -�_ E 17 4Z :^.•,at+�;: ,, :�i .fir. :: �... ..7 f ---• `A �. .- _ 'r'-.^'!` - -='."t._.—I—;ar.t..�- _ ri, :n •v s � � � � -- r `��- m YI•, er- ATTACHMENT B �✓�:_ �.r.`1 Ll1 Y Vt' f�1f�5L:A I )h;K( ) 1 c «„ !, -' LOCATION/ZONING MAP CADf COMMUNITY DEVELOPMENT DEPARTMENT TPM 96008 .,. - R S F-Z RMF-4(,P06) • �- � �� " ., '� ,\moo - ^per_ � J Q. � _ y �_. ,:�e..i- �+: ST+^•. _1l Iia\_�� '.'.� �._': �'" - _ __ _--- .. J ITE _ y 0 0 e m i �=tet �til .-.�.•.,� , .-.�. ■ ILA I Y Vt' AIASA I)N,.Il_(_) ATTACHMENT C �_ «nom\ TENTATIVE PARCEL MAP CAD _co MMUNITY DEVELOPMENT DEPARTMENT TPM 96008 • _ Z. IL to 2 M Qo Q� f ''. �r � n Sa•�.� �. < a aQ a o �g p Z CD Q \I co rx 41 0 0 Q F- 10 I � �_1 �G�...STV • `/ �1� Wco s O -ON<NY ILS Y 2 M � { EQ Itc { .v\" L�/ •tel y - Et a ccul 06. \ - Y✓��'- _{'`•t ^gym^ ,� . 1.�.J W O _ O! Od O e" • -r _ \� JZU' ivi �a.• _ e✓'�� ..A 110, � f ! - - N E a r W a m • - - _ y. CL Y oao�rrrc.. z� ui �1 A �`—�- a "_< 8 ®000.33 ATTACHMENT D 'f r fiw. ♦\� ^'R'�nrlr�'r .f1 v1 A T A L�P1 �Y Z'� 1. 6 1 e-\ .;l r ZNVIRO i IENT.AL COORDYNXF- OR CAW NEGATIVE DEC -`'IOI�- C0iVLvff-T' IY DEVEL0PMEINT DEPT. 6500 PAL.ViA AVE. ATASCADE1R0. CA 93422 (805) 461-5035 APPLICANT: ROLAND LAN I N I KEN WILSON 601 MARION 6715 MORRO RD. SANTA MARIA, CA 93454 ATASCADERO, CA 93422 PROJECT TITLE: TENTATIVE PARCEL MAP 96008 s PROJECT LOCATION: ' 8805 OLD SANTA ROSA RD. PROJECT DESCRIPTION: PROPOSED DIVISION OF ONE LOT, 1 . 50 ACRE-S-- IN SIZE, INTO TWO PARCELS OF 0 . 76 AND 0 . 74 ACRES EACH r 1 FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term --m==n al goals. 3. The project does not have impacts which are individually limited. but comulatively considerabie. 4. 1'l:e protect w+» not cause substantial adverse effects on human beings either direct!y or i.n direct'y. DETER;'MNATION: Based on the above IIndings, and the Information contained in the initial study (made a part hereof by refer- ence and on file in the Community Development Deparanent). it has been determined that the above project will not have an adverse impact on the environment. STEVEN L. DECAMP CITY PLANNER Date Posted: 6CTOBER ! 16 10 6 Date Adopted: NOVEMBER 6, 1996 cm 11-89 000034 ATTACHMENT E - Findings for Approval Tentative Parcel Map 96008 8805 Old Santa Rosa Road (Lanini/°wilson) ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or imporvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, with not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdividion; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design,m and/or the types of improvements proposed, will not cause serious public health problems. 4 000035 ATTACHMENT F - CONDITIONS OF APPROVAL Tentative Parcel Map 96008 • 8805 Old Santa Rosa Road (Lanini/wilson) Revised by the Planning Commission on November 6, 1996 Engineering Division conditions 1. All public improvements shall be constructed in conformance with the city of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 3. An encroachment permit shall be obtained from t-ke City Engineering Department prior to the start of construction. 4. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the parcel map, or a note placed on the parcel map, stating that a soils report has been prepared. The document shall indicate any soils problems which may exist on the newly created lots. 5. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. 6. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 7. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 8. Any utility trenching in existing streets shall be overlaid to restore a smooth riding surface as required by the City Engineer. 9. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approved by the 000036 City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 10. A black line clear Mylar (0.4 mil) copy and a blue line print of the parcel map shall be provided to the city upon recordation. 11. A parcel map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The parcel map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 12. Sewer connection fees shall be paid prior to the issuance of building permits. 13. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 14. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the parcel map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall ,include, but not be limited to the following: a. Old Santa Rosa Road shall be improved from centerline to the property frontage in conformance with City Standard 401 (Rural Local) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A 5' wide offer of dedication shall be provided along the entire Old Santa Rosa Road property frontage. Offers of dedication shall be recorded prior to, or in conjunction with, the parcel map. 15. A statement shall be placed on the parcel map noticing the requirement for the construction of improvements per these conditions of approval. 000037 16. This tentative map approval shall expire two (2 ) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 17. The Final Map shall show relinquishment of access rights for Santa Rosa Road on parcel two. 000038 MINUTE'S EXCERPTS - 11/6/96 Planning Commission Meeting - November 6, 1996 Page 5 of 11 Discussion: Commissioner Hageman agreed with 'the six foot fence required. on the easterly side property line. Commis- sioner Bowen asked staff if it was possible to substitute some sort of a landscape barrier for the six foot fence. Doug responded that the Zoning Ordinance specifically calls out for a fence in this type of location; however, under the umbrella of the Conditional Use Permit the Planning Commis- sion can direct that the condition be modified as such. AYES: Wallace, Hageman, Sauter, Bowen, Johnson, Zimmer- man, Edwards NOES: None ABSENT: None MOTION PASSED: 7:0 B. 2 . TENTATIVE PARCEL MAP #96008: Consider the application of Roland Lanin (Wilson Land Surveys) for a Tentative Parcel Map for the division of one 1 .50 acre lot into two (2) parcels of 0 . 76 and 0.74 acres each for single family residential use. ----Commissioner Wallace stepped down for this iteN only---- STAFF RECOMMENDATION: (Kelly Heffernon) The Planning Commission should recommend the following actions for the City Council' s consideration: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; and 2 . That Tentative Parcel Map #96008 be approved based on the Findings contained in Attachment (E) and subject to the Conditions of Approval contained in Attachment (F) • Kelly Heffernon provided the staff report. Commissioner Hageman commented that because of topography it was highly unlikely that parcel 2 would ever gain its ' ';access off of Santa Rosa Road instead of Old Santa Rosa Road, but thought it would be prudent to have an access relinquishment along the rear property line. 000039 Planning Commission Minutes - November 6, 1996 Page 6 of 11 Kelly responded that there was a correction to Condition #14 (a) . that might address the access issue. John Neil read the condition as corrected: 14. a. " . . . . . . . . . .to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing. . . . . . . " After discussion, it was suggested that a Condition #17 be added stating: "The Final Map shall show relinquishment of access rights for Santa Rosa Road on parcel two" . TESTIMONY: none ACTION: Find that the Negative Declaration prepared for the project is adequate under the requirements of th8 California Environmental Quality Act (CEQA) . Motion: Bowen Second: Hageman AYES: Bowen, Hageman, Zimmerman, Johnson, Sauter, Edwards NOES: None ABSENT: None MOTION PASSED: 6:0 ACTION: Approve Tentative Parcel Map #96008 based on the Findings contained in Attachment (E) , and subject to the Conditions of Approval, as amended, contained in Attachment (F) . Motion: Bowen Second: Hageman AYES : Bowen, Hageman, Zimmerman, Johnson, Sauter, Edwards NOES: None ABSENT: None MOTION ' PASSED: 6:0 i 0000,10 ATTACHMENT F - CONDITIONS OF APPROVAL Tentative Parcel Map 96008 8805 Old Santa Rosa Road, (Lanini/wilson) Revised by the Planning Commission on November 6, 1996 Engineering Division conditions 1. All public improvements shall be constructed in conformance with the city of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 3. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 4. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded in conjunction with the parcel map, or a note placed on the parcel map, stating that a soils report has been prepared. The document shall indicate any soils problems which may exist on the newly created lots. 5. All existing and proposed utility, pipeline,, open space, scenic or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. 6. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 7 . The applicant shall install all new utilities ': (water, gas, electric, cable TV and telephone) underground. 8. Any utility trenching in existing streets shall be overlaid to restore a smooth riding surface as required by the City Engineer. 9. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approved by the 0000,}x. City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 10. A black line clear Mylar (0.4 mil) copy and a blue line print of the parcel map shall be provided to the city upon recordation. 11. A parcel map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to .the City Engineer for approval. The parcel map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 12. Sewer connection fees shall be paid prior to the issuance of building permits. 13. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 14. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the parcel map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Old Santa Rosa Road shall be improved from centerline to the property frontage in conformance with City Standard 401 (Rural Local) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A 5' wide offer of dedication shall be provided along the entire Old Santa Rosa Road property frontage. Offers of dedication shall be recorded prior to, or in conjunction with, the parcel map. 15. A statement shall be placed on the parcel map noticing the requirement for the construction of improvements per these conditions of approval. 000042 16. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to ,a written- request received ;,prior to the expiration date. 17. The Final Map shall show relinquishment of access rights for Santa Rosa Road on parcel two. 000043 CITY OF ATASCADERO STAFF REPORT Agenda Item: A-9 Through: Andrew J. Takata Date: 11/26/96 City Manager File No : TPM #96004 Via: Steven L. Decamp Acting Community Development Director From: Doug Davidson, Senior Planner SUBJECT: Consideration of a tentative parcel map application to divide one parcel of 3 . 79 acres into three lots of 3.33, 0.24, '. and 0.22 acres each for single family residential use using a Planned Deyelopmeht Overlay zone (PD) . Subject site is located at 7055 I' Sombrilla Road (Duwayne Streeper/Vaughan Surveys) . RECOMMENDATION: Per the Planning Commission' s recommendation, deny Tentative Parcel Map #96004, based on the Findings for Denial contained in the staff report, dated November 6, 1996 . BACKGROUND: On November 6, 1996, the Planning Commission conducted a public hearing on the above-referenced map. After discussion (see attached Minutes Excerpts) , the Commission voted unanimously to recommend denial of Tentative Parcel Map 196004. /ph Attachments : Planning Commission Staff Report - November 6, 1996 Minutes Excerpts - November 6, 1996 '' cc: Duwayne Streeper Tom Vaughan 000044 CITY OF ATASCADERO Item: B . 4 STAFF REPORT FOR: Planning Commission Meeting Date: November 6, 1996 BY:vbDoug Davidson, Senior Planner File No: TPM #96004 SUBJECT: Consideration of a tentative parcel map application to divide one parcel of 3 .79 acres into three lots of 3.33, 0.24, and 0 .22 acres each for single family residential use using a Planned Development Overlay zone (PD) . RECOMMENDATION: Staff recommends that Tentative Parcel Map #96004 be denied based on the Findings for Denial contained in Attachment F. A. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duwayne Streeper 2 . Representative. . . . . .. . . . . . . . . . . . . . . . . . . .Vaughan Surveys 3 . Project Address. . . . . . . . . . . . . . . . . . . .7055 Sombrilla Road 4 . Site Area. . . . . . . . . . . 3 . 79 acres 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Res . Single Family) 7 . General Plan Designation. . . . .Mod. Density Single Family 8 . Existing Use. . . . . . . . . . . . . . . . . . . .Single Family Residence B. ANALYSIS• As stated in the introduction, the proposal is to subdivide a 3.79 acre parcel into three lots of 3.33, 0 .24, and 0.22 acres each. In the RSF-Y zone, the minimum lot size is one acre with sewer and one and one-half acres when sewer is not available. This site is within the Urban Services Zine and sewer is available to the property - the existing single family residence is hooked up to the sewer system. The existing residence would remain on the proposed 3. 33 acre parcel . The two small parcels would front on the unimproved Mercedes Ave. (Highway 41 right-of- way) . Given the proposed lot sizes, 0.22 and 0 .24, the request necessitates the formation of a Planned Development Overlay zone . 1 0000,15 Planned Development Overlay Zone This is not a request for PD7 zone the method to create small lot subdivisions in multiple family zones with which. the Planning Commission has become so familiar. While the subject application also seeks to reduce the required minimum lot size, it would create a unique PD Overlay which reflects the particular site characteristics and its location in a single family'', residential area. In order to reduce the minimum lot size via a PD zone, the Commission must make the following four findings: 1 . That reducing the minimum lot size is warranted to promote orderly and harmonious development. 2 . That reducing the minimum lot size will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3 . Benefits derived from the overlay zone cannot be reasonably achieved through existing minimum lot size standards. 4 . Proposed plans, if any, offer certain redeeming features to compensate for reducing the minimum lot size. Staff does not believe that these findings can be affirmed. The creation of small parcels (less than one-quarter acre) in the Moderate Density Single Family zone does not promote orderly development, provide beneficial effects, or offer redeeming features . The access to the site, or more correctly, the lack of access to the site, is a severe site constraint and obstacle to orderly development. Whereas in PD7 zones, the provision of a large number of housing opportunities in multiple family zones is deemed a worthwhile benefit, using the only level area of a 3. 79 site to squeeze in two new homes is not enhancing the opportunity to best utilize the special characteristics of a site. In addition to providing low and moderate income housing, another benefit that PDs have offered is the preservation of creeks, ridge tops, or oak groves in the form of open space easements . These types of offers in conjunction with clustered development are often seen as good tradeoffs. A good example of this and one with some similarities to the subject site was the Noakes subdivision at the end of Cortez Ave. This project clustered four parcels (0. 50, 0.50. 1 .50, and 1 .74 acres) in a moderate density zone while dedicating the remainder of Pine Mountain Park (17 acres) to the City as permanent open space. The subject application offers no such benefits to the City. 2 000046 Subdivision Ordinance As a back-up plan and an alternative design to the PD overlay, the applicant has provided a tentative map that meets the one acre minimum lot size of the RSF-Y zone (Attachment E - Exhibit B of development statement. ) While this proposal meets the minimum lot size requirements, it does not comply with the design standards of the Subdivision Ordinance. Chapter 8 of the Subdivision Ordinance establishes that lot lines should be at the top of slope banks and prohibits lots with greater than a 3: 1 depth-to-width ratio unless certain findings are made. By carving out a rectangular parcel to encompass the existing residence, these standards are not satisfied. Although assurances could be made that subsequent deep lot subdivisions would not occur, this proposed lot layout is irregular and haphazard. The placement of the existing home recognizes the site' s constraints and the fact that one single family residence is the appropriate development potential of the property.— The above analysis attempts to prove that the subject property is not suitable for subdividing either as a PD Overlay or as one acre parcels. In addition to the PD Findings and specific Subdivision Ordinance standards, the proposed subdivision is also not appropriate for more fundamental reasons. The main requirement for lot design as contained in Subdivision Ordinance section 11-8 .201 reads that, "the design of lots should be based on intended use, topography, and access requirements . Lots which are impractical for intended uses due to terrain, location, of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. " The access to the two new proposed sites is clearly inadequate; in fact, there is no road access, existing or proposed, at this time. The Fire Department has also expressed concern over emergency access to these properties. Access to proposed Parcels 1 and 2 can not be obtained from Valle, Sombrilla, or the Quail Ridge development. While the new parcels front on Mercedes Ave. - the right-of-way for future Highway 41 —actual access is currently gained by cutting through the Bank of America parking lot and driving across an empty field. Until Highway 41 is constructed, these sites are not accessible in a reasonable fashion. The priority and funding of Highway 41 has been questioned for years. The City should not condition parcel maps upon development of a highway which is under the jurisdiction of another agency (Caltrans) for funding and scheduling. Lastly, even if adequate access can be, or will be provided, the proposed parcel map does not justify the special findings for a PD or comply with the Subdivision Ordinance. • 3 00001 '7 C. CONCLUSIONS: Adequate access to the two new building sites is not provided, or proposed, in conjunction with the parcel map. To approve a parcel map today contingent upon construction of Highway 41 is not appropriate. Furthermore, the minimum lot size standards of the Zoning Ordinance and the design criteria of the ; Subdivision Ordinance, encourage a regular and uniform lot size pattern. A subdivision meeting the minimum lot size of one acre does not continue this consistency. Finally, the proposal does not offer the special benefits mandatory for creating a Planned Development Overlay Zone, and thereby allowing two approximately 0.20 acre lots in the moderate density residential area. ATTACHMENTS: Attachment A -- Location Map (General Plan) -- Attachment B -- Location Map (Zoning) Attachment C -- Tentative Parcel Map Attachment D - Development Statement Attachment E - Alternative Map (3 one-acre lots) Attachment F -- Findings for Denial • 4 0000,18 ATTACHMENT A �'i✓ CI"L Y OF AAIASCADERO ZONING MAP COMMUNITY DEVELOPMENT TPM 9604 LSG\BF.7�n• DEPARTMENT 9' f \\ 1 RR a- 1 I v � � �__ „``` \SOA •1 l 1�� RMF !6 a � �, ,��__�-�- i t- --�" • �, t� \��_,E - R F_ b -40~ , iZ1t L1 -` -R ;4Y AL(FHj'� CT rc � sc � .✓ _ LSF 4 - OIlk FH t o- •NORES LY yt V ./1�r - FHI - 1 �' i 0000,E9 ATTACHMENT B �'�✓ " --' CITY OF ATASCADERO LAND USE MAP ��'.�a - .e r�r•-, c� COMMUNITY DEVELOPMENT TPM 9604 ;o DEPARTMENT •.. .,. .. ...• �•. Vic.?•{.: . 4 � -AMI 2 :I RURAL RES xi 1 L N� <t ; a v.�tiyivhy t$ ti• }. i� i a � .i M � u •• Lam\'(i • .. � :•:.�• :�'' ::�:�:�:�:: '.�.: `:'�: ': •"��•••: I ss I . ..X: is .a.:.r:•`.-.- (l,id.,, a _i �' _ i 1 i t i r r � 'v�.� si a:�r.•±r ryr.��r -, t�::•:,"�... ?l 1 t R.� �ir� a �J~;�� -•', uj w vO 71 DE 4 ::.• 000050 ATTACHMENT C CITY Or AIRSCADERO ''i✓ � �,.!�'` DEVELOP. STATEMENT COMMUNITY DEVELOPMENT TPM 9604 DEPARTMENT VAUGHAN SURVEYS, INC. 1101 Riverside Avenue • Paso Robles; C 93446 /onC\ 700 C'77C C AV /OnC\ X170 CO')C March 12, 1996 Supplemental Developer's Statement ' Tentative Parcel Map AT 96-035 The project site exists in an existing residential neighborhood along the proposed alignment for California State Highway 41. This project proposes to create two parcels suitable for future residentialdevelopment, with the existing residence located on the remainder parcel. The proposed lots would be created over a generally flat area presently covered only by native grasses and 4 Oak trees (not-to be removed). The remainder parcel, occupied by the existing residence, consists of steeper slopes and is predominantly covered with Oak trees. The project site has commercial uses to the west, condominiums to the south, and residential uses to the north and east. This subdivision would provide a reasonable transition from the bordering high-density residential and commercial uses on the southwest, into the single-family residential uses adjacent to the northeast. Exhibit "A" attached hereto, shows the parcel configuration as proposed on the Tentative Parcel Map. This is the most logical approach to subdividing this project into three seperate parcels by giving each a desirable building site and all parcels having convenient access to public right-of-way. The larger remainder parcel preserves the steeper Cndevelo-able area by keeping .t confined within +kaf p-mrCe1. please refer +n 3:vhinit "n" ♦ �� a aaw �a. a. showing a lot configuration that meets a 1 acre minimum lot size. This conceptual design allows for three equal size parcels, each with an acceptable building site. 000051 ATTACHMENT D CITY OF A1ASCADERO 1 PROPOSED PARCEL MAP JI• .a 'i ��:.ro = +e 1Y,•-, � canF�� COMMUNITY DEVELOPMENT TPM 9604 DEPARTMENT Inn kPll 1 �� _ � � ! ;�l -� X11. ;1 ► '�� ,�. � � �, � I i �I � ' lig! j • 1 1 `I�t `, , /j ,fit �, !!rr�:• lil,,, � �.• ! /r' /• � /� / � /�o / ,'• � i 1 { It 1 `1� zry 1 E,3 f� �1•,� f : r¢� r a. 1�, � I � t I S i.I� 000052 ATTACHMENT E >� ATASCADEI� r CITY Or ''i✓ ' `�" � MAP ALTERNATIVE �� — ac "'•'� CONE ACRE LOTS — NO PD �FRn. COMMUNITY DEVELOPMENT TPM 9604 DEPARTMENT At Wit Ilk /01 1' qq ; '<i '� �s� ✓�,ff'i I�I � 1 \\ � \ \\ ,1 ,Y it I +I I i \ t1 ; • c / /I / / / ,/w/ m uj 't',\ \6\ \ i i gk ( /a dIa � Gtblw � s I -- 000053 ATTACHMENT F - Findings for Denial Tentative Parcel Map #96004 7055 Sombrilla Ave. (Streeper/Vaughan Surveys) November 6, 1996 ORDINANCE FINDINGS: 1 . Modification of the minimum lot standards is not warranted to promote orderly and harmonious development 2 . Modification of the minimum lot size standards 'does not enhance the opportunity to best utilize the special characteristics of an area and will not have a :beneficial effect on the area. 3 . The proposed map does not offer redeeming features to compensate for reducing the minimum lot size. MAP FINDINGS: 1 . The proposed subdivision is not consistent with applicable General and Specific Plans. 2 . The design and/or improvements of the proposed subdivision is not consistent with applicable General and Specific Plans . 3 . The site, including the proposed access, is not physically suitable for the type of development proposed. 4 . The site, including the proposed access, is not physically suitable for the density of the development proposed. 5. The design of the subdivision, and the type of proposed improvements, could conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; adequate access is not provided, or proposed to be provided, to serve the two new parcels . 00005,1 MINUTES EXCERPTS - 11/6/96 Planning Commission Meeting - November 6, 1996 Page 8 of 11 ACTION: Approve Tentative Tract Map 96013 based on the Findings for Approval contained in Attachment G and the Conditions of Approval contained in Attachment H. Motion: Wallace Second: Johnson AYES: Wallace, Johnson, Bowen, Sauter, Hageman, Edwards, Zimmerman ~" ~ NOES : None ABSENT: None MOTION PASSED: 7:0 B.4 TENTATIVE PARCEL MAP 96004/ZONE CHANGE 96014: Consider the applications of Duwayne Streeper (Vaughan Surveys) for a Tentative Parcel Map and Zone Change for the creation of a Planned Development Overlay Zone (PD) which would result in the division of one 3.79-acre parcel into three ( 3) parcels of 3.33, 0.22, and 0.24 acres each for single family residential use. STAFF RECOMMENDATION: Doug Davidson • The Planning Commission should recommend denial of Tentative Parcel Map #96004 based on the Findings for Denial contained in Attachment F. TESTIMONY: Tom Vaughan - Vaughan' s Surveys, representative of the applicant, argued in favor of the project and expressed disappointment in staff ' s recommendation of denial. Duwayne Streeper - the applicant, 7055 Sombrilla, felt that there was confusion regarding the access to the property and explained the feasibility of the project. ACTION: Deny Tentative Parcel Map 196004/Zone Change 96014 based on the Findings for Denial contained in Attach- ment F. Motion: Johnson Second: Wallace AYES : Johnson, Wallace, Sauter, Bowen, Hageman, Zimmer- man, Edwards 000055 REPORT TO CITY COUNCIL Meeting Date: 11/26/96 CITY OF ATASCADERO Agenda Item: A-10 Through: Andrew J Takata, City Manager From: John B Neil, Assistant City Engineer-i,Q,t� SUBIECT: Reimbursement agreement with Kelly V. Gearhart, et al, for the construction of sewer structures along Alamo Avenue RECOMMENDATION: Staff recommends that the City Council approve the reimbursement agreement with Kelly V. Gearhart, et al, for the construction of sewer structures in Alamo Avenue. DISCUSSION: The City Council approved Tract 2225 at their July 9, 1996 meeting. The conditions of approval include provisions for reimbursing the developer for the design and construction of sewer structures which extend beyond the limits necessary to serve the subdivision. The sewer main extension plans approved by the Chief of Wastewater Operations include sewer structures along the Alamo Avenue property frontage of Tract 2225. The sewer structures are located under that portion of Alamo Avenue to be improved by the developer as required by the conditions of approval for the subdivision. The approved sewer main extension plans provide for the most efficient location of sewer structures. Construction of the sewer main extension concurrently with the Tract 2225 improvements will preclude the future trenching of the newly constructed pavement. The sewer structures constructed along Alamo Avenue do not benefit Tract 2225. In conformance with the conditions of approval, the developer is requesting reimbursement for the construction these sewer structures. An estimate of the probable cost of the sewer structures is included in the reimbursement agreement as Exhibit A. The estimate is based on City Standard Unit Prices forBonding Estimates, May 1996 and establishes the maximum reimbursement from the City to the developer. FISCAL IMPACT: The total fiscal impact is limited to the actual cost for the design p es gn and constructimn of the sewer structures in Alamo Avenue or $34,691.00, whichever is less. The reimbursement will be funded 000057 through the Wastewater Facilities Fund. A reimbursement district will be established at a future date in order to collect a fee from the properties that derive benefit from the sewer structures constructed along Alamo Avenue by the developer of Tract 2225. ATTACHMENTS: Attachment A- Reimbursement Agreement Attachment B - Resolution No. 104-96 Attachment C- Location of sewer structures covered by Reimbursement Agreement 000058 ATTACHMENT A - Reimbursement Agreement Agenda Item: Meeting Date: 11/26/96 FOR RECORDER USE ONLY RECORDING REQUESTED BY: City of Atascadero WHEN RECORDED MAIL TO: City Clerk City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION/USE OF SEWER STRUCTURES (Government Code Section 50140 et seq.) THIS AGREEMENT is entered into this the 26th day of November, 1996, by and between Kelly V. Gearhart and Bruce C. White hereinafter collectively referred to as "Builder" and the City of Atascadero, California, a Municipal Corporation, organized under, and existing by virtue of, the laws of the State of California, hereinafter referred to as "City;" the parties hereto recite as follows: WHEREAS, the City, pursuant to its legal authority to require sewer structures be designed and constructed by Builder in exchange for the privilege of building within the City of Atascadero, has required the construction of sewer structures along Alamo Avenue as a condition of approval for Tract 2225; and WHEREAS, it is the opinion of the City Council of the City of Atascadero that the sewer structures, including laterals and other facilities, must be designed and constructed which can be or will be used for the benefit of property other than that on which Builder is constructing; and WHEREAS, such sewer structures or other facilities are to be dedicated to the public; and WHEREAS, the City Council of the City of Atascadero finds it is in the best interests of the City to contract with Builder to reimburse Builder for the actual as-built cost for construction of the sewer structures. NOW, THEREFORE, inconsideration for the mutual covenants contained herein, Builder and City agree as follows: 1. Builder agrees to construct or have constructed sewer structures along Alamo Avenue of the quantity, size and type as set forth in Exhibit A attached hereto and incorporated herein. Plans for the sewer structures covered under this agreement are on file with the City UC►UU59 Engineer. 2. If required by the Labor Code of the State of California, Builder agrees to pay the prevailing wage rates for each craft or type of worker or mechanic needed to construct the sewer structures pursuant to Section 1770, et. seq. of the Labor Code if applicable. Builder agrees to comply with the provisions of the Labor Code Section 1775. In the event that Builder is required to pay prevailing wages, and fails to do so, the Builder shall forfeit, as a penalty to the City, Fifty Dollars ($50.00) for each calender day, or portion thereof, for each worker paid less than the stipulated prevailing rate for such work or craft in which such worker is employed for any work needed to construct the sewer structures. The penalty, if any, shall be determined pursuant to Labor Code Section 1775. In addition to such penalty, Builder shall pay to each worker the difference between•the stipulated prevailing wage rate and the amount paid to each worker for each calender day, or portion thereof, for which each worker was paid less than the stipulated prevailing wage rate. 3. The Builder agrees to dedicate the sewer structures to the City upon acceptance of the sewer structures as complete by the City Engineer. 4. The Builder agrees that upon acceptance of the sewer structures as complete by the City Engineer, the City will reimburse to Builder a lump sum payment of thirty four thousand six hundred ninety one dollars($34,691.00) or the actual as-built cost for design and construction of the sewer structures, whichever is less. The total reimbursement to Builder shall not exceed the actual as-built cost for design and construction of the sewer structures. 5. The Builder agrees to provide the City with a detailed accounting, satisfactory to the City Engineer, of the amounts expended for the design and construction of the sewer structures. 6. The Builder agrees that should the total cost for design and construction of the sewer structures exceed thirty four thousand six hundred ninety one dollars ($34,691.00), the City's total reimbursement to Builder shall be limited to thirty four thousand six hundred ninety one dollars ($34,691.00)and no additional reimbursement shall be made from City to Builder. 7. The Builder agrees that City shall send the reimbursement to Builder at: Kelly V. Gearhart 6660 Navajoa Avenue Atascadero, CA 93422 This address may be changed at any time by Builder by receipt of written notice to the City. 8. The Builder agrees that after completion and acceptance of the sewer structures a ten percent (10%) improvement security shall be retained by City for the guarantee and warranty of the work for a period of one year. 9. This Agreement, and all matters relating to this agreement, shall be governed by the laws of the State of California in force at the time any need for interpretation of this agreement or any decision for holding concerning this agreement arises. 10. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, Builder and City, but nothing in this Section shall be construed as a consent by City to any assignment of this Agreement or 000060 any interest therein by Builder. provision of this agreement be held b a court of competent jurisdiction to be 11. Should any p g y p 1 either invalid, void, or unenforceable, the remaining provisions of this agreement shall remain in full force and effect unimpaired by the holding. 12. This instrument constitutes the sole and only agreement between City and Builder respecting reimbursement for design and construction of sewer structures specified in Exhibit A and shown on the plans on file with the City Engineer, and correctly sets forth the obligations of City and Builder to each other as of its date. Any agreements or representations respecting said reimbursement or any other matter discussed in this agreement not expressly set forth in this instrument are null and void. 13. Time is expressly declared to be the essence of this agreement. 14. The parties hereby represent that the parties executing this agreement are expressly authorized to do so for and on behalf of the parties. 15. The parties agree that each party and counsel have reviewed this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 16. The captions of the Sections of this Agreement are for convenience and reference only, and are not intended and shall not be construed to define or limit the provisions to which they relate. EXECUTED on , 1996, at the City of Atascadero, San Luis Obispo, County, California. Builder: KELLY V. GEARHART Builder: BRUCE C. WHITE (notarize signature) (notarize signature) Attest: City of Atascadero: By: Cindy L. Holton George Highland Deputy City Clerk Mayor Approved as to content: Approved as to form: Steven J. Sylvester Roy Hanley • City Engineer Deputy City Attorney 000061 EXHIBIT A REIMBURSEMENT AGREEMENT BETWEEN KELLY GEARHART, et al, AND THE CITY OF ATASCADERO FOR CONSTRUCTION OF SEWER STRUCTURES ALONG ALAMO AVENUE NOVEMBER 26, 1996 ITEM UNIT NO. ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1 8" PVC sanitary sewer main 535 If $20.00 $10,700.00 2 Sanitary sewer manhole 2 ea $2,500.00 $5,000.00 3 Sanitary sewer clean-out 1 ea $600.00 $600.00 4 4" PVC sanitary sewer lateral 192 If $12.00 $2,304.00 5 Saw-cut A.C. pavement 1,020 If $0.75 $765.00 6 Remove A.C. pavement 2,040 sf $1.00 $2,040.00 7 Trench resurfacing 2,040 sf $3.00 $6,120.00 8 11/2" A.C. overlay 6,940 sf $0.38 $2,637.20 SUBTOTAL $30,166.20 Engineering, staking, testing @ 15% $4,524.93 TOTAL $34,691.13 "unit prices are based on City Standard Unit Prices for Bonding Estimates, May 1996 O000627 ATTACHMENT B - Resolution 104-96 Agenda Item: Meeting Date: 11/26/96 RESOLUTION NO. 104-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A REIMBURSEMENT AGREEMENT WITH KELLY V. GEARHART, et al, FOR THE CONSTRUCTION OF SEWER STRUCTURES ALONG ALAMO AVENUE WHEREAS, Section 50140 et seq. of the Government Code provides for implementation_-of a Reimbursement Procedure; and WHEREAS, the City Council of the City of Atascadero finds that the sewer structures constructed on Alamo Avenue and the area of benefit is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof, and WHEREAS, the City Council of the City of Atascadero finds that the sewer structures constructed on • Alamo Avenue are not required to serve Tract 2225; and WHEREAS, the Reimbursement Agreement between Kelly V. Gearhart, et al, and the City of Atascadero on the form in the City Clerk's office does comply with all the requirements of the Reimbursement Procedures; NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The Reimbursement Agreement with Kelly V. Gearhart, et al, for the construction of sewer structures along Alamo Avenue in the form on file with the City Clerk is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City. 2. The City Clerk is hereby authorized and directed to record the Reimbursement Agreement with the San Luis Obispo County Recorder's office. 3. The Deputy City Attorney is hereby authorized to make minor corrections as to the form of the Reimbursement Agreement. 4. The Finance Director is hereby authorized and directed to disburse funds per the conditions listed in the Reimbursement Agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held November 26, 1996. 000063 Attest: City of Atascadero: By: Cindy L. Holton George Highland Deputy City Clerk Mayor Approved as to content: Approved as to form: Steven J. Sylvester Roy Hanley City Engineer Deputy City Attorney i i 000064 rn , 03n0"38 30 01 3"IOd I Q1 IL —� I 03NOONvBV 38 O1 3Nn lVji8l0313 —4— I IWI - S W �C,4- 1 :3 1S v U t- - - - - - - - - - I-Q �� w U c y► I I 10 �' QQ � ..x ]Ad.9 I /r (c.:) 3nd.9-J - -.� I I I co ; I NI A IN i I I: i A f A 13 �J1S bl �0� - -- • { i xtt M V I N I I I w)3nd 9 . I I (d I) Ind.9 a CN I I S��O-\00 000065 REPORT TO CITY COUNCIL ?..AGENDA ITEM: A-11 DATE: 11-22-96 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director Department of Community Services SUBJECT- Resolution to name the new service building at the zoo, "The Bu,ttles Building". RECOMMENDA TION.- It is recommended that the City Council approve Resolution No4l 90-96 naming the new zoo service building, "The Buttles Building". - BACKGROUND: The Buttles Living Trust made a generous $10,000 contribution to the Zoological Society of San Luis Obispo County for the construction of the new quarantine project. The first phase of this project included vacating the existing service area to • accommodate the new quarantine facilities. Kurt and Wilma Buttles cared deeply for animals and have continued to make substantial contributions to the zoo as well as other animal organizations throughout San Luis Obispo County. This proposal to name the new service building after the Buttles family meets the Recreation and Parks Commission "POLICY ON THE NAMING OF PUBLIC BUILDINGS, PARKS, AND OTHER FACILITIES IN THE CITY OF ATASCADERO". FISCAL IMPACT.- There is no fiscal impact other than to recognize the Buttles Li✓ing Trust for their contributions to the Zoological Society of San Luis Obispo County and the Charles Paddock Zoo. CAWP511CITYCOMBUTTLES.RPT 000066 RESOLUTION NUMBER 90-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, NAMING THE ZOO SERVICE BUILDING AT THE CHARLES PADDOCK ZOO THE "BUTTLES BUILDING" The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor and the City Council hereby declare that the Zoo service building at the Charles Paddock Zoo be named the "Buttles Building" 2 . Whereas, the facility and other zoo improvements have been accomplished by means of substantial gifts and contributions from the Buttles Foundation Trust-, and 3 . Whereas, the naming of the Zoo services building is consistent with the City of Atascadero's Policy For Naming Public Buildings, and the Cities desire to recognize their generosity. 4. The Zoo Staff is hereby authorized to appropriate funds, if necessary; for the installation of a sign for the building. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the of 1996. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney C:\WP51\CITYCOUN\RPSOL90.96 �s 000067 CIMY HOLTON DEPUTY CITY K ATASCADERO CITY COUNCIL SPECIAL MEETING NOVEMBER 20 II WEDNESDAY, N , 1996 CITY ADMINISTRATION BUILDING NUE rkROTUNDA OOM PALMA AV 4 FLOOR 6500 E �00 P.M. George Ray George Harold Qavid .Luna Johnson Highland Carden Bewley This agenda is prepared and posted pursuant to the requirements of Govemment code Section 54954.2. By listing atopic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the b of general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the poJicy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item;adoption or approval,and, disapproval. Copies of the staff reports or other documentation relating to a ch item of business referred to on the agenda are on file in the office of the City Clerk (R om 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda In compliance with the Americans with Disabilities Act, if you now F special assistance to participate in a City meeting or other services offered by this City, pl se contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (8051 461-iO74. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibi'ty to the meeting or service. CALL TO ORDER ROLL CALL BUSINESS ITEMS: 1. INTERVIEW OF APPLICANT TO CITY CLERK VACANCY A. Resolution No. 103-96 - Making appointment of citizen applicant to fill the unexpired term of City Clerk Lee Price (Staff recommendation: Adopt) 2. ORDINANCE NO. 316 - Allowing City's participation in Operations Agreement for the Milihollin Quarry (Staff recommendation: Motion to waive reading in full and adopt on second reading by title only) 1 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 1 From: Cindy Holt eputy City Clerk Meeting Qat : 11/20/96 Through: Andrew J. Takata, City Manager i SUBJECT: Appointment of City Clerk RECOMMENDATION: I 1} Interview and consider candidate Marcia Torgerson. 2) Review options to fill the vacancy, and make an app intment to fill the unexpired term. 3) Adopt Resolution No. 103-96, formalizing the appoir,itment. BACKGROUND: • The elected City Clerk, Lee Price, submitted her resignation, elective i October 26, 1996. State Law (Govt. Code §36512) requires that the City Council either fill the vacancy by appointment or call a special election within PO days from the commencement of the vacancy. At the City Council meeting of October 22, 1996, the City Cl rk was directed to open a recruitment and solicit interested residents. One appli ation was received, from Marcia Torgerson, by the closing date. DISCUSSION: j i State Law requires that the City Clerk be a registered votei and a resident of Atascadero at the time of appointment. The general rule is that, he City Council may not appoint one of its own officers (i.e., a member of the City Council or the City Treasurer) to a vacant elective position (The California Munidjoal Law Handbook, Page 11-8). The City Council is requested to appoint a City Clerk to serve the remaining unexpired term, ending November 1998, or direct staff to bring back the a0propriate resolution calling for a special election. The cost of a special election wold be approximately $25,000. Attachment: One (1) application Resolution No. 103-96 i s r EY tn� 15 Please return to: CITY CLERK CAD 'f 6500 Palma Avenue L � For office use only Room 207 Interview Date/Time: CITY OF ATASCADERO CITY CLERK APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City. Minimum qualifications are subject to verification. Please fill out and attach the Suppiemgntai Questionnaire. NAME: Marcia McClure Torgerson RESIDENTIAL ADDRESS: 6200 Llano Road, Atascadero Home Phone: 466-7980 MAILING ADDRESS (if different): "' Work Phone: 466-5072 1979-1982 = 3 years Are you a resident of the City of Atascadero? Yes• How Long? 1990-1996 = 6 years Are you a registered voter? YesX No Social Security No. 567-80-1300 Owner/Operator OCCUPATION: McClure Business Service • EMPLOYMENT: Present or last employer's name, address and phone number: McClure Business Service P.O. Box 782, Atascadero, CA 93423 466-5072 Position held and length of employment: Owner/Operator, 1991-present = 6 years. EDUCATION: At-Home Professions, Medical Transcription Program. State Certified Training, Registered Dental Assistant Program. Granada Hills High School, graduated with honors. RELEVANT TRAINING, EXPERIENCE, CERTIFICATES Of TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: 26 years of office managing experience which includes all secretarial duties, dealing with the public, tape transcription, computer literate in both word processing and accounting, accounts payable and receivable, payroll, conducting office meetings, solving ,office problems, processing of claims and keeping organized records. This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. City Clerk Application Page 2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZA- TIONS: 1. I have attended most City Council meetings from 1992-present. 2. I have become involved in community issues that I felt strongly about. My efforts were focused on .solving the problems and protecting the community. 3. I was on the Board of Directors for ALPS for one year (1994). 4. I am a member of the Atascadero Historical Society. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: I served on the community panel that interviewed applicants for the Finance Director of the City of Atascadero in May 1994. How did you learn about this vacancy? Newspaper Article Newspaper Ad_ Community Group Word of Mouth X Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Fee/ free to submit a resume or other information about yourself. I hereby certify, 'under penalty of perjury, that the information on this application and attached supplement are true and correct. filSignature: &44-1/ L k�--Date: I--/S . CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE CITY CLERK 1. Please explain why you would like to serve as the City Clerk. As a result of being actively involved in community issues),, I have a strong interest in city government and a strongdesire to ''serve the community. By having regularly attended City Council meetings and man Planning Commission meetings since 1992, I have become familiar with the procedures of the City Council and City business. If I am appointed, it will enable me to help Atascadero during its current difficulties and fulfill my desire to serve Atascadero. Also because I aM self employed, my ours are flexible. That flexibility allows me to be both willing and able to schedule set times (i.e. Mondays , Wednesdays and Fridays, 8:00- a.m. ) that I will be at City Hall. During those hours, I would be available to assist the public, the City Council, and helg in the preparation of the City Council agendas and minutes. If appointed, I would attend all City Council meetings in the capacity of City Clerk. 2. What qualities, experience and expertise would you bring to the position? I would bring to the position of City Clerk 26 years of office managing experience which includes all seEr—etarial duties, dealing with the public, tape transcription, computer literate in both word processing and accounting, accounts payable and receivable, conducting office meetings, solving office problems, processing of claims and keeping organized confidential records. I am a very detail oriented and organized person which would enable me to efficiently maintain the records of the Council. I am kn 'wn form honesty and o 3ectivity. AS a result of my past employment and lite experiences I am comfortable dealing with the public, even in tense situations . I do not panic under pressure and I am experienced at diffusing potentially hostile situations. I am accustomed to handling confidential information in a professional manner. 3. Do you have a background in government? Are you familiar with the functions of the City Clerk? I do not have a background in government. However, I am familiar with some of the functions of the City Clerk based on my attendance of City Council meetings from 1992-present I am proficient with the computer program Microsoft Word, which is the program previously used by the City Clerk for the purpose of preparing the agenda and minutes of City Council meetings. -1' have -experienced dealing with the City Clerk;as a citizen asking for public information and I had a few lengthy con ersations with ee rice before she lett. She explained to me some of the functions of the City Clerk that I was unfamiliar with. • Supplemental Application City Clerk Page 2 4. How do you view the City Clerk's role in relationship to the community? In relationship to the City Council? The City Clerk is the link that the public has to the city government. The public comes to the City Clerk for 1.n ormation an assistance Concerning citZ issues. As an elected official, the City Clerk works or the community. The City Clerk is also responsible For maintaining all records for the City Council including minutes, ordinances, resolutions and confidential documents. Other City Clerk tasks are to administer oaths, conduct elections, post official notices, receive claims and documents, and assist the City Manager. By fulfilling these obligations, it also enables information to be readily accessible and open to the public as required by law. 5. If there is additional information you would like to share about yourself, please use the following space provided (optional). As my resume verifies, I have been continuously employed since 1970, except for a one-year break I took in 1980 when I first moved to Atascadero. Although much of my past experience has prepared me for this position, I realize that if I am appointed, there will be numerous tasks to learn. I take ride in my work and will therefore strive to do the best fob possible. i nave no con acts of interest. I teelthat Lee Price was an excellent City Clerk who will be difficult to replace. If appointed, I will do my best to make this transition, for the City Council and the public, as painless as possible and-I will work hard to serve Atascadero. 6. Are you a resident of the City of Atascadero? Yes... 7. Are you currently registered to vote? Yes. 1 hereby certify, under penalty of perjury, that the foregoing information is true and correct. Signature: 4L4 Date: / ( —J S - 9 Marcia McClure Torgerson 6200 Llano Road Atascadero, CA 93422 805-466-7980 November 15, 1996 Atascadero City Council RE: City Clerk appointment Dear Councilmembers: h I have enclosed my resume 'for your review. As my resume.... shows you, I have been self employed for the last 6 years. I am also enclosing reference letters from two of my previous employers that I worked for before opening my own business. To clarify my employment record with these letters, I must explain that these two doctors were at one time partners (Dental Affiliates). Over the years, I actually worked for bath of them in their separate offices, in their partnership office and as a business consultant for each of them. Therefore, I worked for one or the other or both over a sixteen year period. Thank you for considering me for the office of the City Clerk. Sincerely, Marcia McClure Torgerson /m Marcia McClure Torgerson 6200 Llano Road Atascadero, CA 93422 805-466-7980 EMPLOYMENT HISTORY January 1991 to Present OWNER. Operate secretarial service which McClure Business Service includes accounts receivable and payable, Atascadero, CA 93422 transcription of dictation and other secretarial services for professional clients. September 1988 to December 1990 OFFICE MANAGER. Conducted all secretarial Charles Udolph, D.D.S. duties, accounts receivable and payable, Peter Roth, D.D.S. payroll, office meetings, and solved office Woodland Hills, CA problems. January 1982 to June 1988 OFFICE MANAGER. Conducted all secretarial Dental Affiliates duties, accounts receivable and payable, Agoura, CA payroll, hiring and firing, office meetings and solved office problems. January 1981 to December 1981 LEGAL SECRETARY. Conducted all reception Ghitterman, Hourigan, et al. duties, transcription of dictation, typing, Atascadero, CA transcription machine, and calendar. February 1973 to September 1979 SECRETARY/BOOKKEEPER. Conducted all Dennis Roginson, D.D.S. reception duties, accounts receivable and Woodland Hills, CA payable. Processed insurance forms,-letters, statements, patient records and daily schedules. September 1970 to February 1973 SECRETARY/BOOKKEEPER. Conducted all J. Richard Wittwer, D.D.S. receptionist duties, accounts receivable, Reseda, CA processed insurance forms, letters and patient records. EDUCATION August 1996 Certificate of Completion, Medical Transcription Program. At-Home Professions Program included training in medical terminology, anatomy and Fort Collins, CO physiology, and transcription of acute care hospital reports for all medical specialties. 1976 Registered Dental Assistant. License #1862. State of California 1971 Graduated with honors. Granada Hills, CA Granada Hills High School DENNIS L. ROGINSON, D.D.S., M.S. / A Professional Corporation Diplomutc Antericutt L4Aurd Dentofacial Orthopedics of and Orthtxhnttics Orthodontics Exclusively October 20, 1990 Re: Mrs. Marcia Torgerson This letter is to verify that Mrs. Marcia Torgerson was in my employment full time from February, 1973 through September, 1979; and from January, 1982 through June, 1988. Over the years, Mrs. Torgerson has also been employed by me as a part—time business consultant. During Mrs. Torgerson's course of employment;with me, she handled my business and personal financial matters. In essence, she was my office manager and personal secretary. Mrs. Torgerson is extremely competent, reliable, and efficient. Her honesty and loyalty are above reproach. She is an asset to any employer and I recommend her without any hesitation. If additional information is desired regarding Mrs. Torgerson's qualifications, please feel free to contact me. I will gladly assist you. Sincerea-y. �� Dennis L. Roginson, D,D.S. DLR:dr 22600 Ventura Blvd..Suitc'202.Woodland Hills.CA 91364-1481 (818)346-3530 5200 Hunan Road.Suite 217,. ;dura Hills.CA 91.301-3390 (818)991-8012 D1:1 st''Y fort Ohl dt-en 29525 Canwood Street. Suite 201 ■ Agoura Hills Medical Plaza ■ Agoura Hills, California 91301 ■ C6161 991-6010 Charles H. Udolph, D.D.S., Inc. ■ Judith S. Pabst,D.D.S., Inc. ■ Peter M. Roth, D.D.S., M.S.D., Inc. Ap,%it 26, 1991 To whom .it may concekn: Let me 6tant zhi6 tetters of %ecommendati.on by baying .ij I we,%e you, I would hire Ma,%c ca immed.iatety. Ma,%cia wo,%ked jok me jo,% appnoximatety 6.ix yeau. She .i6, not only an expen# at ojj ice management, but at,6o is extnemet y pnoj ie i.ent at patient u atfon6. The,%e .i6n't anything th.i6 pe46on can not do. I hope thiz doe6n't bound ovekt y enthus ia6ti c, but 6he .i6 tnuty one .in a mi,Q,P,ion, and ij you have any quation6, ptea6e jeet J,%ee to contact me. . S.incetety, Cha,%tu H. Udotph, D.D.S. RESOLUTION NO. 103-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF ATASCADERO, CALIFORNIA, APPOINTING ONE CITIZEN TO SERVE AS THE CITY CLERK WHEREAS, The voters of the City of Atascadero duly elect a City Clerk every four years; and WHEREAS, Lee Price was re-elected to a-four-year term in June of 1994; and WHEREAS, The elected City Clerk has vacated the office by her resignation effective October 26, 1996; and WHEREAS, Government Code §36512 requires that the City Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy; and WHEREAS, Following direction given by the City Council, the Deputy City Clerk conducted a recruitment and solicited applications from members of the public interested in serving as the City Clerk; and WHEREAS, The City Council did, on November 20, 1996, conduct interviews for appointment of a City Clerk and then did deliberate on their options to fill the vacancy; NOW, THEREFORE, The City Council of the City of Atascadiero does hereby resolve to appoint the following citizen to serve the unexpired terra of the City Clerk, said term to expire in November of 1998: On motion by Councilmember , seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: Resolution No. 103-96 Page 2 of 2 ATTEST: CITY OF ATASCADERO CINDY L. HOLTON, Deputy City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • I MEETING AGENDA DATE j / o/96(TEM# ..,..2....�.. .ORDINANCE NO. 316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O� ATASCADERO APPROVING AN OPERATIONS AGREEMENT TO ENSURE THEiSUCCESS OF AN APPROVED RECLAMATION AND CLOSURE PLAN AMENDMENT (�UP #96003) FOR THE MILLHOLLIN QUARRY The City Council of the City of Atascadero, California, does ordain as follows : SECTION 1 . The Operations Agreement attached herlto as Exhibit A and hereby incorporated herein is hereby found colsistent with the General Plan and approved. SECTION 2 . The Mayor, and in the Mayor' s absencethe City Manager, is hereby authorized to execute said Agr ement on behalf of the City for properties described in the Agreement. I SECTION 3 . The City Clerk shall cause this ordinance to be published once within fifteen (i5) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the a opting and posting of this ordinance and shall cause this or inance and this certification together with proof of posting to b4 entered into the Book of Ordinances of the City. t SECTION 4 . This ordinance shall go into effect ad be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing Ordinance is approved by the,, following role call vote: AYES: I NOES : ABSENT: DATE ADOPTED: By: 1 George P. Highla d Mayor , y City of Atascade o ATTEST: i i t CINDY HOLTON, Deputy City Clerk I Ordinance No. 316 Page 2 of 2 " APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Director Community Development Department