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HomeMy WebLinkAbout071012 - CC Agenda Combined . yl 'a`$ i979CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, July 10, 2012 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:15 P.M. City Council Regular Session: 6:00 P.M. CITY COUNCIL CLOSED SESSION: 5:15 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Wade McKinney, City Manager Employee Organization: Non-Represented Professional, Management and Confidential Employees b. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case) 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Sturtevant ROLL CALL: Mayor Kelley Mayor Pro Tem O'Malley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Recognition of Atascadero Youth for Christ Volunteers for Their Assistance with the Paloma Creek Park Dugout Painting Project 2. Recognition of Steve Robinson, DVM, for 20 Years of Service to the Charles Paddock Zoo 3. Presentation to Glen R. Lewis for the $100,000 Donation from the Thelma Vetter Estate for the Charles Paddock Zoo's Red Panda Exhibit A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes — June 12, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of June 12, 2012. [City Clerk] 2. City Council Draft Action Minutes — June 26, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of June 26, 2012. [City Clerk] 3. May 2012 Accounts Payable and Payroll ■ Fiscal Impact: $2,494,270.77. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2012. [Administrative Services] 4. Designation of Voting Delegate - League of California Cities' Annual Conference ■ Fiscal Impact: None ■ Recommendation: Council designate Council Member Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2012, and direct the City Clerk to inform the League of the designation [City Manager] 5. Transit Center Project Award - City Bid No. 2012-002 ■ Fiscal Impact: $673,880.32 for construction of the Atascadero Transit Center Base Bid and Additive Alternate A. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Pickard & Butters Construction in the amount of $623,010.82 for construction of the Transit Center Base Bid Project; and, 2. Award Additive Alternate A in the amount of $50,869.50 and include the additional work in the Base Bid contract with Pickard & Butters Construction; and, 3. Authorize the Public Works Director to intermittently close portions of Capistrano Road and Lewis Avenue during the construction period; and, 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. [Public Works] 6. Adoption of Ordinances A, B and C — Del Rio Road Commercial Area Specific Plan — PLN 2007-1245 (Walmart) and PLN 2007-1246 (The Annex) — Applicants: EDA Inc. / Omni Design Group — Owners: Walmart Inc. / The Rottman Group / Montecito Bank & Trust ■ Fiscal Impact: The fiscal impact analysis determined the project at build out (Walmart and Annex) will have a net positive annual revenue of $529,637 to the City of Atascadero. The City's proportional share of the interchange mitigation costs is $2,111,901.00, which will be funded out of the City's Traffic Impact Fee (TIF) account. ■ Recommendations: Council: 1. Adopt on second reading by title only Ordinance "A", amending the zoning code text to add Specific Plan Zone 2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings and waiving further reading of the ordinance; and, 2. Adopt on second reading by title only Ordinance "B", approving zoning map amendment (ZCH 2007-0141 and ZCH 2007-0142), including a zoning overlay of the project site to "SP-2" (Specific Plan Zone 2) based on findings and waiving further reading of the ordinance; and, 3. Adopt on second reading by title only Ordinance "C", adopting the Del Rio Road Commercial Area Specific Plan and Appendix documents [Specific Plan Zone 2 (SP 2009-0003)] as a table in the municipal code, based on findings and waiving further reading of the ordinance. [Community Development] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.) B. PUBLIC HEARINGS: 1. Placement of Sewer Service Charges on the 2012-2013 Property Tax Rolls ■ Ex Parte Communications: ■ Fiscal Impact: The City will bill $1,728,176.34 in sanitation service charges for Fiscal Year 2012-2013. ■ Recommendation: Council adopt the Draft Resolution placing sewer service charges on the 2012-2013 property tax rolls. [Public Works] C. MANAGEMENT REPORTS: None. COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Manor Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. County Mayors Round Table 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council 7. Oversight Board for the Successor Agency to the Community Redevelopment Agency of Atascadero Mayor Pro Tem O'Malley 1. City/ Schools Committee 2. Integrated Waste Management Authority (IWMA) 3. League of California Cities — CITIPAC Board Member 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (SLORTA) Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City / Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the July 10, 2012 Regular Session of the Atascadero City Council was posted on July 3, 2012, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 3rd day of July, 2012, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE A TA SCA DERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. 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 accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 07/10/12 R FT - y �i19y 1818 R 1979 \ -4- CAD]Ro CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, June 12, 2012 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session: 5:15 p.m. City Council Regular Session: 6:00 p.m. CITY COUNCIL CLOSED SESSION: 5:15 P.M. Mayor Kelley announced at 5:16 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation (Govt. Code Sec. 54956.9 (c)) Initiation of Litigation - One Potential Case 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS Draft Atascadero City Council Minutes June 12,2012 Page 1 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 6. CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor Kelley called the meeting to order at 6:01 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Sturtevant, Mayor Pro Tem O'Malley and Mayor Kelley Absent: Council Member Fonzi Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jerel Haley, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem O'Malley to approve the agenda. Motion passed 4:0 by a roll-call vote. PRESENTATIONS: 1. Recognition of Church of Jesus Christ of Latter-day Saints Volunteers for Their Assistance with the Lake Park Clean-up Effort Public Works Director Russ Thompson recognized the Church of Latter-day Saints for their efforts with Lake Park clean up. This is their fourth year assisting the City. Ken Scott and Cindy Wittmeyer received the Certificate of Appreciation. Mr. Scott thanked the City for the recognition and invited the City Council and the community to join them in some of their community projects. Draft Atascadero City Council Minutes June 12,2012 Page 2 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 2. Recognition of Council Member Clay for 15 years of service to the City as a Council Member. City Manager Wade McKinney recognized Council Member Clay for his service to Atascadero. Council Member Clay thanked Mr. McKinney and the City Council for the recognition. He explained his passion for his work with the City. Mayor Kelley recognized Police Chief Jerel Haley for a positive Grand Jury report on Atascadero Police Department's property evidence room. A. CONSENT CALENDAR: 1. City Council Special Meeting Draft Action Minutes — May 8, 2012 ■ Recommendation: Council approve the City Council Special Meeting Draft Action Minutes of May 8, 2012. [City Clerk] 2. City Council Draft Action Minutes — May 8, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of May 8, 2012. [City Clerk] 3. City Council Draft Action Minutes — May 22, 2012 ■ Recommendation: Council approve the City Council Draft Action Minutes of May 22, 2012. [City Clerk] 4. 2012-2013 Annual Spending Limit ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution establishing the annual spending limit for fiscal year 2012-2013. [Administrative Services] 5. Temporary Road Closure Hot EI Camino Cruise Nite 2012 ■ Fiscal Impact: No net fiscal impact. ■ Recommendation: Council adopt the Draft Resolution authorizing temporary road closures on Friday, August 17, 2012, for Hot EI Camino Cruise Nite 2012. [Community Services] 6. Purchase of Wastewater Headworks Barscreen, Compactor and Control Panel ■ Fiscal Impact: This action will result in the expenditure of $395,482.23 in budgeted wastewater funds from the Headworks Barscreen Project. ■ Recommendation: Council approve the purchase of two headworks barscreen machines, a screw compactor, and power/data acquisition control panel for $395,482.23 from Gierlich Mitchell. [Public Works] Draft Atascadero City Council Minutes June 12,2012 Page 3 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Sturtevant to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. (#A-4: Resolution No. 2012-027, #A-5: Resolution No. 2012-028) UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Barbie Butz, Linda Hendy, Anthony Falconne, Gary Kirkland, Karyn Sturtevant, Mike Anderson, Jim Shannon, Frannie Falconne, Lydia Thompson, Donald Cross, Steve Martin, and Terry Mathis. Mayor Kelley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. Apple Valley Assessment Districts ■ Ex Parte Communications: ■ Fiscal Impact: Annual assessments for 2012/2013 will total $40,740 for road/drainage system maintenance and $49,000 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. ■ Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 01 —Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 01 — Apple Valley. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. Draft Atascadero City Council Minutes June 12,2012 Page 4 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 PUBLIC COMMENT: None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 01 — Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 01 — Apple Valley. Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2012- 029, #2: Resolution No. 2012-030, #3: Resolution No. 2012-031, #4: Resolution No. 2012-032) 2. De Anza Estates Assessment Districts ■ Ex Parte Communications: ■ Fiscal Impact: Annual assessments for 2012/2013 will total $40,091 for road/drainage system maintenance and $15,875 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. The City General Fund will contribute $1 ,500 for the fiscal year 2012/2013 for half of the maintenance costs of the trails and open space. ■ Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 03 — De Anza Estates. [Administrative Services] Draft Atascadero City Council Minutes June 12,2012 Page 5 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Sturtevant to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 03 — De Anza Estates. Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2012- 033, #2: Resolution No. 2012-034, #3: Resolution No. 2012-035, #4: Resolution No. 2012-036) 3. Woodridge (Las Lomas) Assessment Districts ■ Ex Parte Communications: ■ Fiscal Impact: Annual assessments for 2012/2013 will total $23,741 for road/drainage system maintenance and $81,652 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge. ■ Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 02 —Woodridge (Las Lomas); and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, Draft Atascadero City Council Minutes June 12,2012 Page 6 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 02 — Woodridge (Las Lomas). [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Sturtevant to: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2012/2013; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2012/2013 for Street and Storm Drain Maintenance District No. 02 — Woodridge (Las Lomas); and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 — Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2012/2013; and, 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2012/2013 for Landscaping and Lighting District No. 02 —Woodridge (Las Lomas). Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2012- 037, #2: Resolution No. 2012-038, #3: Resolution No. 2012-039, #4: Resolution No. 2012-040) 4. Authorizing an Amendment to the Contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System ■ Ex Parte Communications: ■ Fiscal Impact: Over time the two-tiered retirement contracts are expected to save the City money. ■ Recommendation: Council adopt on second reading by title only, the Draft Ordinance authorizing the Mayor to execute an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council. Draft Atascadero City Council Minutes June 12,2012 Page 7 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 PUBLIC COMMENT: None MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem O'Malley to adopt on second reading by title only, the Draft Ordinance authorizing the Mayor to execute an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. Motion passed 4:0 by a roll-call vote. (Ordinance No. 559) C. MANAGEMENT REPORTS: 1. Interim Promotions Services Agreement ■ Fiscal Impact: The City Council earmarked $176,000.00 for Promotion activities. The current budget includes $44,000 of that total; the remainder would come from General Fund Reserves. The Interim Contract would have a maximum cost of $31,350.00. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with S.W. Martin & Associates for an Interim Promotions program in the amount of $22,150.00; and, 2. Authorize the City Manager to execute a Change Order, if needed, to extend this contract for two more months, at $4,600 per month for a total of $9,200. [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Sturtevant and seconded by Council Member Clay to: 1. Authorize the City Manager to execute a contract with S.W. Martin & Associates for an Interim Promotions program in the amount of $22,150.00; and, 2. Authorize the City Manager to execute a Change Order, if needed, to extend this contract for two more months, at $4,600 per month for a total of $9,200. Motion passed 4:0 by a roll-call vote. (Contract No. 2012-006) 2. Revision to the City of Atascadero Personnel System Rules ■ Fiscal Impact: There is no direct impact as a result of adoption of these rules. ■ Recommendation: Council adopt the Draft Resolution adopting revisions to the City's Personnel System Rules. [City Manager] Draft Atascadero City Council Minutes June 12,2012 Page 8 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: David Bentz. Mayor Kelley closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt the Draft Resolution adopting revisions to the City's Personnel System Rules, including changing all the "will"s back to "shall"s. Motion passed 4:0 by a roll-call vote. (Resolution No. 2012- 041) 3. General Municipal Election — November 6, 2012 ■ Description: The City Council must adopt resolutions to initiate the election process, and to combine the City's election with the County. ■ Fiscal Impact: The City Clerk's estimate for the election in Atascadero is $25,000.00. ■ Recommendations: Council: 1. Adopt Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012; and, 2. Adopt Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 6, 2012. [City Clerk] City Clerk / Assistant to the City Manager Marcia McClure Torgerson gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Clay and seconded by Council Member Sturtevant to: 1. Adopt Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012; and, 2. Adopt Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 6, 2012. Motion passed 4:0 by a roll-call vote. (#1: Resolution No. 2012- 042, #2: Resolution No. 2012-043) Draft Atascadero City Council Minutes June 12,2012 Page 9 of 10 ITEM NUMBER: A- 1 DATE: 07/10/12 COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Mayor Pro Tem O'Malley 1. SLO Council of Governments (SLOCOG) — CalTrans is going to be working on Highway 41. Mr. O'Malley, along with City staff, has asked that during their work, CalTrans take advantage of this opportunity to improve the bicycle pathway along Highway 41. 2. SLO Regional Transit Authority (SLORTA) — Discussed the potential consolidation of the bus systems in our County. Mr. O'Malley has argued on our behalf of the Council's concerns with losing local control. E. INDIVIDUAL DETERMINATION AND / OR ACTION: City Clerk City Clerk Torgerson announced that she will be conducting the Nuts and Bolts Forum on Thursday, June 28th at 6:00 p.m. This Forum is for anyone interested in running for elective office, or just interested in the process. F. ADJOURNMENT Mayor Kelley adjourned the meeting at 7:50 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager Draft Atascadero City Council Minutes June 12,2012 Page 10 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 o� 1915 R NOD --- C� E; � CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, June 26, 2012 6:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor Kelley called the meeting to order at and Council Member Fonzi led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem O'Malley and Mayor Kelley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, Annette Manier, Administrative Assistant, and City Attorney Brian Pierik. Atascadero City Council Draft Action Minutes 06/26/12 Page 1 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Clay to approve the agenda. Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: None. UPDATES FROM THE CITY MANAGER: None COMMUNITY FORUM: The following citizens spoke during Community Forum: Tom Gaddis, Tim Haley, Mitch Paskin, Mike Brennler, Barbara Zabala, William Arkfeld, Sandra Pendel, Livia Kellerman, David Broadwater, and Patricia Frank. Mayor Kelley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. Del Rio Road Commercial Area Specific Plan - PLN 2007-1245 (Walmart) & PLN 2007-1246 (The Annex) - applicants:EDA Inc. / Omni Design Group owners: Walmart Inc. / The Rottman Group / Montecito Bank & Trust Capital Improvement Plan (CIP) Amendment 2012 Update of the Five- Year CIP - PLN 2007-1183 ■ Ex Parte Communications: ■ Fiscal Impact: The fiscal impact analysis determined the project at build out (Walmart and Annex) will have a net positive annual revenue of $529,637 to the City of Atascadero. The City's proportional share of the interchange mitigation costs is $2,111,901.00, which will be funded out of the City's Traffic Impact Fee (TIF) account. 1. Adopt Resolution "A", certifying Proposed Final Environmental Impact Report SCH No. 2010051034 for the Del Rio Road Commercial Area Specific Plan, including Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and; Atascadero City Council Draft Action Minutes 06/26/12 Page 2 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 2. Adopt Resolution "B", approving General Plan Land Use Diagram Amendment (GPA 2007-0020 and GPA 2007-0021) based on findings; and, 3. Introduce Ordinance "A", for first reading by title only, amending the zoning code text to add Specific Plan Zone 2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings; and, 4. Introduce Ordinance "B", for first reading by title only, approving zoning map amendment (ZCH 2007-0141 and ZCH 2007-0142), including a zoning overlay of the project site to "SP-2" (Specific Plan Zone 2) based on findings; and, 5. Introduce Ordinance "C", for first reading by title only, adopting the Del Rio Road Commercial Area Specific Plan and Appendix documents [Specific Plan Zone 2 (SP 2009-0003)] as a table in the municipal code, based on findings; and, 6. Adopt Resolution "C", adopting Specific Plan Master Plan of Development (SP 2009-0003) for the Del Rio Commercial Area, based on findings and subject to Conditions of Approval; and, 7. Adopt Resolution "D", approving the Walmart Tree Removal Permit TRP 2009-0128, based on findings and subject to Conditions of Approval; and, 8. Adopt Resolution "E", approving the Annex Tree Removal Permit TRP 2009-0127, based on findings and subject to Conditions of Approval; and, 9. Adopt Resolution "F", approving the Walmart Vesting Tentative Parcel Map AT 09-0073 (TPM 2009-0095; Walmart) based on findings, subject to Conditions of Approval; and, This resolution includes a staff recommendation to include an amended condition of approval regarding the Mission Oak traffic circulation improvements; and, 10.Adopt Resolution "G", approving the Annex Vesting Tentative Parcel Map AT 07-0059 (TPM 2011-0098; The Annex) based on findings and subject to Conditions of Approval; and, 11.Adopt Resolution "H", amending the Five-Year Capital Improvement Plan consistent with the General Plan, based on findings; and, Atascadero City Council Draft Action Minutes 06/26/12 Page 3 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 12.City Council allocate funds and direct staff to begin the permitting and design process for the expansion of the Del Rio Road / US 101 interchange; and direct staff to draft a formal agreement between City and the tenants at the Mission Oaks shopping center to meet regularly through any form of communication necessary to discuss timing and phasing of road construction issues to ensure adequate access is provided to the Mission Oaks shopping center during construction of improvements at the Del Rio Road and EI Camino Real intersection and US 101 interchange. The City Council shared their Ex Parte communications: Council Member Clay stated that this project has been going on for almost seven years, and during that time he has spoken to the Rottman Group and WalMart executives. Most recently, he has only received information from staff. Mr. Clay said that he has received numerous emails and phone calls, running about 24 in favor, 1 against. Council Member Fonzi stated that she met with Amber Johnson, who at one time represented WalMart. That meeting took place before Ms. Fonzi was on the City Council. She also met with representatives from the Rottman Group when they presented their proposed design, and she has also met with Ron Rottman to talk about pedestrian issues on roundabouts. Ms. Fonzi also stated she has received many phone calls and emails. Mayor Pro Tem O'Malley stated that he has been on the City Council for ten years, with eight of those years involved with WalMart. Mr. O'Malley said that he has spoken to many people over the years concerning this project. Most recently, he has spoken with representatives of the Annex project. He has received approximately 200 emails, with 90% being supportive of WalMart. Council Member Sturtevant stated that he had met with WalMart representatives during the EIR process. He also has spoken with Ron Rothman and has received many emails on this project. Mayor Kelley stated that he has also been involved with this project since day one. He met with the Rottman Group years ago and have met a few times with representatives of WalMart. Mr. Kelley also said that he has met with Mr. Rottman who will be representing the Del Rio people, also Tom Comar and Lee Perkins from Save Atascadero. He also said that he has received more emails on this item than any other agenda item, and 90-95% of them are supportive of WalMart. All Council Members stated that they have received many phone calls and emails from the public. Community Development Director Warren Frace gave the staff report and answered questions from the Council. Scott Thorpe with Revenue Cost Specialists, Jason Atascadero City Council Draft Action Minutes 06/26/12 Page 4 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 Brandman and Grant Gruber with Michael Brandman Associates, and Steve Weinberger with W-Trans also gave presentations and answered questions from the Council. Amelia McLear of WalMart spoke to the City Council, expressing WalMart's request for the City Council to approve their project. Ellen Berkowitz of WalMart thanked the City Council and staff for their work and asked the City Council to vote to allow them to serve the people of Atascadero. Mayor Kelley recessed the meeting at 7:40 p.m. Mayor Kelley reconvened the meeting at 7:55 p.m. Chip Woolbrant of Montecito Bank, the owner of the Annex property, and David Marchell with OMNI Design Group stated that they were available to answer any questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Tim Haley, Martha Bordonaro, Ron Rothman, Mike Anderson, Kate Montgomery prepared statement read by Livia Kellerman, Livia Kellerman, Zandra Flores, Ellen Beraud (Exhibit A), Linda Hendy, Ray Weymann, Carol McCracken, David Broadwater (Exhibit B), Taylor Nlcole, Randy Lawrence, Robert Vesnarer, Ray Johnson, Mark Wolfe, Jan Wolff, Michael Richardson, Bob Martz, Don Dubois, Dorothy Dodge, Carol Florence, Kelly Dodge, Steve Garrow, Don Gooding, Bob Wilkins, Franca Gentiel Lansky, Gary Kirkland, Madeline Rothman, Lydia Thompson, Fred Frank, Chuck Cooper, Tani Vrajich, Elizabeth Travis, Stephanie Hale, Gladys Moore, Mike Brennler, Hardy Nielsen, Felisa Hamman, Edie Knight, Constatino Santos, Elisa Dubois, Daniel Moyers, Wes Dawes, George Schroff, Luther Johnson, Gwen Pelfrey, Jim Shannon, Vicky Morse, Mary Lea Harris, John Holman, David Bentz, Zachary Mount, Franny Falcone, Steve LaSalle, Dr. Karnazzo, Chuck Ward, Deon Morse, Tom Jones, and Garth Wilwand. Mayor Kelley closed the Public Comment period. Mayor Kelley recessed the meeting at 9:56 p.m. Mayor Kelley reconvened the meeting at 10:20 p.m. Atascadero City Council Draft Action Minutes 06/26/12 Page 5 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 MOTION: By Council Member Clay and seconded by Mayor Pro Tem O'Malley to adopt Resolution "A", certifying Proposed Final Environmental Impact Report SCH No. 2010051034 for the Del Rio Road Commercial Area Specific Plan, including Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program. Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-044) MOTION: By Council Member Fonzi and seconded by Council Member Clay to adopt Resolution "B", approving General Plan Land Use Diagram Amendment (GPA 2007-0020 and GPA 2007-0021) based on findings, and replacing Finding #6 with the following: 6. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public services. The EIR identifies traffic improvements necessary to mitigate traffic operations to acceptable levels and requires the applicant to either construct such improvements or pay to the City proportional share of traffic impact fees to install such improvements in accordance with the City's adopted traffic impact fee program. After implementation of the traffic improvements identified in the EIR, all intersections, roadway segments, and queues would operate at acceptable levels. Notwithstanding that the applicant is required to pay its proportional share traffic impact fees for roundabout improvements that the EIR concludes would fully mitigate impacts at the Del Rio Road/US 101 and San Anselmo Road/US 101 interchanges and related roadway segments, the EIR must conclude that such impacts are significant and unavoidable because neither the City nor the applicant have full control over the timing of completion of the mitigation. This is because: (1) the improvements are under the jurisdiction of Caltrans, and thus require Caltrans approval prior to implementation; (2) acquisition of the necessary rights of way may require the cooperation of third party landowners, and (3) the City cannot guarantee with certainty when the remainder of the traffic impact fee funding to be paid by future development will be available. For the purposes of general plan consistency analysis, however, these are not considered new impacts. Impacts related to the Del Rio Road/US 101 and San Anselmo/US 101 interchanges were previously identified and considered by the City in adopting the 2025 General Plan. In particular, both the 2025 General Plan and 2025 General Plan EIR analyzed these specific interchanges and concluded that they would be significantly impacted under Atascadero City Council Draft Action Minutes 06/26/12 Page 6 of 10 ITEM NUMBER: A-2 DATE: 07/10/12 2025 General Plan buildout conditions, but that interchange improvements would be expected to mitigate these impacts. Specifically, Table 111-3 of the General Plan Circulation Element describes that these interchange improvements would be needed to bring Year 2025 levels of service "into compliance with the City's adopted standard of LOS C or better." (Page III-7) The General Plan 2025 Traffic Study Technical Appendix to the General Plan 2025 Final EIR states that the interchange improvements "have been identified as necessary to correct existing and projected circulation deficiencies and achieve the City's General Plan goals and policies." (Page 35) [Additionally, the General Plan 2025 EIR concludes with regard to traffic impacts on roadways, including the subject interchanges are significant and unavoidable, stating that "[a]lthough [the General Plan] contains the recommendations of the traffic engineers and numerous policies designed to achieve traffic improvements, it is unclear, considering the scale and funding required, whether such improvements are feasible. Furthermore, the State has placed limits on the fees the City can collect from developers to fund such improvements. Finally, as growth in the region occurs, it is likely that operations on regional traffic routes, such as Highway 101 and 41 will worsen. Impacts are considered significant and unavoidable (Class 1)." (Page 81) With regard to the Del Rio Road segment between EI Camino Real and Ramona Road (including the US 101 overpass) specifically, although the General Plan does not identify that this segment would be significantly impacted, this is not considered a new impact for the purposes of General Plan consistency because the impact is directly related to the condition of the Del Rio Road/US 101 interchange, which the General Plan does identify as significantly impacted as described above. Consistent with the General Plan, the EIR requires these interchange improvements as mitigation in the form of modern roundabouts. The EIR further mitigates the impact at the Del Rio Road/US 101 interchange by requiring that Del Rio Road/US 101 roundabouts be in place no later than the issuance of the first certificate of occupancy for the Annex commercial uses. Accordingly, such conclusion in the project EIR merely informs the public that the City and applicants are not in complete control of the timing of implementation, even though there is a reasonable expectation that these impacts will be mitigated as contemplated in the General Plan and provided for in the City's Capital Improvement Plan and traffic impact fee program. The applicant and the City are required to implement the mitigation requirements as described in the EIR in order to achieve acceptable level of service. Atascadero City Council Draft Action Minutes 06/26/12 Page 7 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 The EIR also describes that freeway operations are projected to operate at unacceptable levels without the Project and, therefore, the impacts would be considered a pre-existing condition. As such, for general plan consistency purposes, the Project's contribution to unacceptable freeway operations is not a new impact. It should be noted that the EIR determined that regional policies and programs within the jurisdiction of other agencies are proposed as the means of reducing the freeway impacts, and that therefore, there are no feasible freeway improvements available that the Project could implement that would achieve acceptable levels of service. Finally, the EIR found that all impacts to public services, infrastructure and utilities were either less than significant and did not require mitigation or less than significant after the implementation of feasible mitigation measures; and, Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-045) MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to introduce Ordinance "A", for first reading by title only, amending the zoning code text to add Specific Plan Zone 2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Sturtevant to introduce Ordinance "B", for first reading by title only, approving zoning map amendment (ZCH 2007-0141 and ZCH 2007-0142), including a zoning overlay of the project site to "SP-2" (Specific Plan Zone 2) based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Mayor Pro Tem O'Malley to introduce Ordinance "C", for first reading by title only, adopting the Del Rio Road Commercial Area Specific Plan and Appendix documents [Specific Plan Zone 2 (SP 2009- 0003)] as a table in the municipal code, based on findings. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to adopt Resolution "C", adopting Specific Plan Master Plan of Development (SP 2009-0003) for the Del Rio Commercial Area, based on findings and subject to Conditions of Approval, with the addition of a maximum of 4-foot candles for lighting within the parking lot areas (in Condition #25), and the replacement of Condition #21 with the following: Atascadero City Council Draft Action Minutes 06/26/12 Page 8 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 21. Prior to issuance of any permits or recordation of any final maps, for the Annex portion of the project the applicant shall enter into an improvement agreement with the City of Atascadero. At a minimum, the Improvement Agreement shall include the following: a. Timing and amount of City traffic impact fees to be paid. b. Provisions for the Annex relating to its proportional share for the roundabouts at the Del Rio 101 Interchange. In the event of a cost overrun above the $4.5 million estimated costs for these roundabouts, the Annex will pay to the City its proportional share of the overrun up to a maximum of $200,000. In the event of a cost underrun below the $4.5 million estimated cost for these roundabouts, then the Annex will then receive a credit or refund for its proportional share of the underrun up to a maximum of$200,000. c. Requirements and timing of all off-site circulation improvements. d. The provisions in the Improvement Agreement shall be consistent with the applicable mitigation required in the certified Final Environmental Impact Report. Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-046) MOTION: By Council Member Clay and seconded by Council Member Sturtevant to adopt Resolution "D", approving the Walmart Tree Removal Permit TRP 2009-0128, based on findings and subject to Conditions of Approval. Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-047) MOTION: By Council Member Fonzi and seconded by Council Member Clay to adopt Resolution "E", approving the Annex Tree Removal Permit TRP 2009-0127, based on findings and subject to Conditions of Approval. Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-048) MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Clay to adopt Resolution "F", approving the Walmart Vesting Tentative Parcel Map AT 09-0073 (TPM 2009-0095; Walmart) based on findings, subject to Conditions of Approval, including an amended condition of approval regarding the Mission Oak traffic circulation improvements Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-049) MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to Adopt Resolution "G", approving the Annex Vesting Tentative Parcel Map AT 07-0059 (TPM 2011-0098; The Annex) based on findings and subject to Conditions of Approval. Atascadero City Council Draft Action Minutes 06/26/12 Page 9 of 10 ITEM NUMBER: A- 2 DATE: 07/10/12 Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-050) MOTION: By Council Member Clay and seconded by Council Member Sturtevant to adopt Resolution "H", amending the Five-Year Capital Improvement Plan consistent with the General Plan, based on findings. Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-051) MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Fonzi to authorize the Director of Administrative Services to appropriate $800,000 in Circulation Impact Fees Funds and direct staff to begin the permitting and design process for the expansion of the Del Rio Road / US 101 interchange; and direct staff to draft a formal agreement between City and the tenants at the Mission Oaks shopping center to meet regularly through any form of communication necessary to discuss timing and phasing of road construction issues to ensure adequate access is provided to the Mission Oaks shopping center during construction of improvements at the Del Rio Road and EI Camino Real intersection and US 101 interchange. Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: None. COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor Kelley adjourned the meeting at 11:04 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A— Prepared statement from Ellen Beraud Exhibit B— Prepared statement from David Broadwater Atascadero City Council Draft Action Minutes 06/26/12 Page 10 of 10 ITEM NUMBER: A - 3 DATE: 07/10/12 Atascadero Cht.11 Council Staff Report ® Administrative Services Department May 2012 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2012. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 5/10/12 Checks # 29580 - 29604 $ 14,592.22 Direct Deposits 227,076.70 Dated 5/24/12 Checks # 29605- 29634 17,029.74 Direct Deposits 225,491.23 Accounts Payable Dated 5/1/12 - 5/31/12 Checks # 132912 - 133231 & EFTs 1110 - 1124 2,010,080.88 TOTAL AMOUNT $ 2,494,270.77 FISCAL IMPACT: Total expenditures for all funds is $ 2,494,270.77 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands: �! Rachelle' Rickard, Director of`Administrative Services ATTACHMENT: May 2012 Eden Warrant Register in the amount of $ 2,010,080.88 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 1110 05/01/2012 RABOBANK, N.A. Payroll Vendor Payment 40,377.78 1111 05/01/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,937.31 1112 05/01/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,154.88 132912 05/04/2012 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 3,701.92 132913 05/04/2012 CSAC -EIA Payroll Vendor Payment 1,194.68 132914 05/04/2012 MEDICAL EYE SERVICES Payroll Vendor Payment 1,604.36 132915 05/04/2012 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 9,395.28 132916 05/04/2012 SDRMA Payroll Vendor Payment 142,340.92 132917 05/04/2012 AARON MILLS CONSTRUCTION, INC. Accounts Payable Check 7,000,00 132918 05/04/2012 ACE AUTO CARE Accounts Payable Check 1,889.73 132919 05/04/2012 ACES TRANSCRIBING&SECRETARIA Accounts Payable Check 49.50 132920 05/04/2012 ADVANCED SEPTIC&SEWER SVC Accounts Payable Check 1,000.00 132921 05/04/2012 AECOM USA, INC. Accounts Payable Check 4,792.90 132922 05/04/2012 ALL SIGNS AND GRAPHICS, LLC Accounts Payable Check 32.18 132923 05/04/2012 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 176.15 132924 05/04/2012 AL'S SEPTIC PUMPING SVC, INC. Accounts Payable Check 670.00 132925 05/04/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 3,064.29 132926 05/04/2012 AMI PIPE&SUPPLY Accounts Payable Check 297.21 132927 05/04/2012 ARAMARK UNIFORM SERVICES Accounts Payable Check 277.07 132928 05/04/2012 AT&T Accounts Payable Check 52.57 132929 05/04/2012 AT&T Accounts Payable Check 1,050.81 132930 05/04/2012 ATASCADERO 76 Accounts Payable Check 60.00 132931 05/04/2012 ATASCADERO GOLF CLUB Accounts Payable Check 250.00 132932 05/04/2012 ATASCADERO GOSPEL CHAPEL Accounts Payable Check 250.00 132933 05/04/2012 ATASCADERO NEWS Accounts Payable Check 1,282.35 132934 05/04/2012 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00 132935 05/04/2012 AW DIRECT, INC. Accounts Payable Check 307.33 132936 05/04/2012 BERNARDS Accounts Payable Check 203,708,24 132937 05/04/2012 BMW MOTORCYCLES OF FRESNO Accounts Payable Check 664.68 132938 05/04/2012 BOB'S CONCRETE PUMPING Accounts Payable Check 635.00 132939 05/04/2012 BREZDEN PEST CONTROL, INC. Accounts Payable Check 80.00 132940 05/04/2012 SHIRLEY R. BRUTON Accounts Payable Check 141.00 132941 05/04/2012 BURKE,WILLIAMS, & SORENSON LLP Accounts Payable Check 27,107.00 132942 05/04/2012 BURTON'S FIRE, INC. Accounts Payable Check 183.69 132943 05/04/2012 BUTLER BUSINESS MACHINES Accounts Payable Check 63.28 132944 05/04/2012 CA CODE CHECK, INC. Accounts Payable Check 15,431.41 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 132945 05/04/2012 KEVIN CAMPION Accounts Payable Check 1,009.00 132946 05/04/2012 JASON F. CARR Accounts Payable Check 179.00 132947 05/04/2012 CHANNEL COUNTIES DIVISION Accounts Payable Check 70.00 132948 05/04/2012 CHARTER COMMUNICATIONS Accounts Payable Check 980.68 132949 05/04/2012 BRADY CHERRY Accounts Payable Check 300.00 132950 05/04/2012 KATHLEEN J. CINOWALT Accounts Payable Check 189.00 132951 05/04/2012 CITY OF FRESNO Accounts Payable Check 432.00 132952 05/04/2012 CITY OF FRESNO Accounts Payable Check 432.00 132953 05/04/2012 KAREN CLANIN Accounts Payable Check 490,00 132954 05/04/2012 MARIANNE CLARKE Accounts Payable Check 89.00 132955 05/04/2012 COASTAL COPY, LP Accounts Payable Check 109.36 132956 05/04/2012 VOID Accounts Payable Check 0.00 132957 05/04/2012 COLONY AUTO SERVICE, INC. Accounts Payable Check 430.66 132958 05/04/2012 CONTROL MICROSYSTEMS, INC. Accounts Payable Check 1,856.82 132959 05/04/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 20.92 132960 05/04/2012 BRIAN S. DAVIN,JR. Accounts Payable Check 234.00 132961 05104/2012 SANDRA N. DEAL PH.D. Accounts Payable Check 325.00 132962 05/04/2012 DEPARTMENT OF WATER RESOURCES Accounts Payable Check 2,277.00 132963 05/04/2012 DIANI BUILDING CORPORATION Accounts Payable Check 157,470.88 132964 05/04/2012 DRIVE CUSTOMS Accounts Payable Check 240.27 132965 05/04/2012 DUCKS UNLIMITED Accounts Payable Check 250.00 132966 05/04/2012 EARTH SYSTEMS PACIFIC Accounts Payable Check 4,140.00 132967 05/04/2012 GEOFF ENGLISH Accounts Payable Check 42.90 132968 05/04/2012 FEDERAL EXPRESS Accounts Payable Check 20.85 132969 05/04/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 525.16 132970 05/04/2012 FGL ENVIRONMENTAL Accounts Payable Check 216,00 132971 05/04/2012 WARREN FRACE Accounts Payable Check 300.00 132972 05/04/2012 FRAZEE INDUSTRIES, INC. Accounts Payable Check 81.90 132973 05/04/2012 GALLS, LLC Accounts Payable Check 213.20 132974 05/04/2012 DAVID A. GARIBAY Accounts Payable Check 108.00 132975 05/04/2012 GAS COMPANY Accounts Payable Check 1,155.44 132976 05/04/2012 ANDREW J. GEFTAKYS Accounts Payable Check 171.00 132977 05/04/2012 GEM AUTO PARTS Accounts Payable Check 224.31 132978 05/04/2012 GILBERT'S LANDSCAPES Accounts Payable Check 407.91 132979 05/04/2012 GOLDEN STATE STEEL Accounts Payable Check 63,000.00 132980 05/04/2012 GOLDING CONCRETE SAWING Accounts Payable Check 656.50 132981 05/04/2012 GOODWILL IND.OF SANTA CRUZ Accounts Payable Check 250.00 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 132982 05/04/2012 GOVERNMENT FINANCE OFFICERS AS Accounts Payable Check 225.00 132983 05/04/2012 GRISANTI HARDWARE Accounts Payable Check 48.26 132984 05/04/2012 GROUND UP DESIGN&CONST. MGMT Accounts Payable Check 821.05 132985 05/04/2012 ROCHELLE O. HANSON Accounts Payable Check 179.00 132986 05/04/2012 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 192.80 132987 05/04/2012 MELINDA A. HARTMAN Accounts Payable Check 229.20 132988 05/04/2012 HARVEY'S HONEYHUTS Accounts Payable Check 535.36 132989 05/04/2012 HELIXSTORM, INC. Accounts Payable Check 8,460.00 132990 05/04/2012 HSBC BUSINESS SOLUTIONS Accounts Payable Check 252.87 132991 05/04/2012 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 351.50 132992 05/04/2012 INTERNATIONAL COUNCIL OF Accounts Payable Check 100.00 132993 05/04/2012 JK'S UNLIMITED Accounts Payable Check 14,471.95 132994 05/04/2012 L.N. CURTIS &SONS Accounts Payable Check 710.96 132995 05/04/2012 LEHIGH HANSON Accounts Payable Check 501.41 132996 05/04/2012 JAMES R. LEWIS Accounts Payable Check 250.00 132997 05/04/2012 LIFE ASSIST, INC. Accounts Payable Check 238.10 132998 05/04/2012 ANDREW M. LUCAS Accounts Payable Check 225.00 132999 05/04/2012 MAINLINE UTILITY CO. Accounts Payable Check 750.00 133000 05/04/2012 WADE MCKINNEY Accounts Payable Check 527.72 133001 05/04/2012 MEDWORKS MEDICAL CENTER Accounts Payable Check 100.00 133002 05/04/2012 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 380.00 133003 05/04/2012 MID-STATE SOLID WASTE& RECYCG Accounts Payable Check 2,501.62 133004 05/04/2012 MINER'S ACE HARDWARE Accounts Payable Check 286.85 133005 05/04/2012 MISSION UNIFORM SERVICE Accounts Payable Check 114.04 133006 05/04/2012 MITCH FREDERICK SEALCOATING Accounts Payable Check 3,535.00 133007 05/04/2012 MOSS, LEVY, &HARTZHEIM LLP Accounts Payable Check 5,800.00 133008 05/04/2012 MPI Accounts Payable Check 84.31 133009 05/04/2012 DAVE MUEHLHAUSEN Accounts Payable Check 10.00 133010 05/04/2012 NEOPOST USA, INC. Accounts Payable Check 320.33 133011 05/04/2012 NORTH COAST ENGINEERING INC. Accounts Payable Check 1,627.50 133012 05/04/2012 O.C. TANNER Accounts Payable Check 871.36 133013 05/04/2012 OFFICE DEPOT INC. Accounts Payable Check 945.77 133014 05/04/2012 O'REILLYAUTOMOTIVE, INC. Accounts Payable Check 16.54 133015 05/04/2012 TARA ORLICK Accounts Payable Check 17.76 133016 05/04/2012 PACIFIC COAST GYMNASTICS CENTS Accounts Payable Check 357.70 133017 05/04/2012 PACIFIC GAS AND ELECTRIC Accounts Payable Check 4,461.10 133018 05/04/2012 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 531,44 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 133019 05/04/2012 CASEY J. PATTERSON Accounts Payable Check 825.00 133020 05/04/2012 PENFIELD&SMITH ENGINEERS INC Accounts Payable Check 7,862.50 133021 05/04/2012 ELLEN PERKINS Accounts Payable Check 190.00 133022 05/04/2012 PERRY'S ELECTRIC MOTORS&CTRL Accounts Payable Check 547.02 133023 05/04/2012 PFEIFFER PARTNERS, INC. Accounts Payable Check 54,967,23 133024 05/04/2012 PHOTO STOP Accounts Payable Check 325.50 133025 05/04/2012 JASON M. PLATZ Accounts Payable Check 171,00 133026 05/04/2012 PROCARE JANITORIALSUPPLY,INC. Accounts Payable Check 1,146.01 133027 05/04/2012 PRP COMPANIES Accounts Payable Check 2,517.00 133028 05/04/2012 PRW STEEL SUPPLY, INC. Accounts Payable Check 115.59 133029 05/04/2012 RADAR SHOP, INC. Accounts Payable Check 110.00 133030 05/04/2012 RANGE MASTER Accounts Payable Check 18.00 133031 05/04/2012 JERI RANGEL Accounts Payable Check 32.19 133032 05/04/2012 RECOGNITION WORKS Accounts Payable Check 60.06 133033 05/04/2012 REBECCA REYNOLDS Accounts Payable Check 250.00 133034 05/04/2012 RACHELLE RICKARD Accounts Payable Check 300.00 133035 05/04/2012 ROB DAVIS BACKHOE Accounts Payable Check 6,490.00 133036 05/04/2012 MICHELE SCHAMBER Accounts Payable Check 179.00 133037 05/04/2012 SCOTT T.MURRAY PLUMBING Accounts Payable Check 21,456.00 133038 05/04/2012 SECRETARY OF STATE Accounts Payable Check 40.00 133039 05/04/2012 SLO COUNTY OFFICE OF EDUCATION Accounts Payable Check 740.00 133040 05/04/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 74.00 133041 05/04/2012 SUCCESSOR AGENCY TO COMM. Accounts Payable Check 31,133.00 133042 05/04/2012 SUNLIGHT JANITORIAL Accounts Payable Check 1,857.00 133043 05/04/2012 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 264.00 133044 05/04/2012 RONALD R.TARICA Accounts Payable Check 240,00 133045 05/04/2012 TESCO CONTROLS, INC. Accounts Payable Check 32,561.75 133046 05/04/2012 RUSS THOMPSON Accounts Payable Check 300.00 133047 05/04/2012 TRINITY QUIK LUBE Accounts Payable Check 3,720.00 133048 05/04/2012 TRIPLE J GREASE REMOVAL Accounts Payable Check 100.00 133049 05/04/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 6,461.27 133050 05/04/2012 VALLEY YELLOW PAGES Accounts Payable Check 264.00 133051 05/04/2012 VERIZON WIRELESS Accounts Payable Check 2,455.98 133052 05/04/2012 VIDEO PALACE Accounts Payable Check 2.15 133053 05/04/2012 MICKEY WALLWORK Accounts Payable Check 40.00 133054 05/04/2012 JEFF WILSHUSEN Accounts Payable Check 179.00 133055 05/04/2012 KAREN B.WYKE Accounts Payable Check 89.40 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 1113 05/10/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 133056 05/11/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 133057 05/11/2012 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 133058 05/11/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,241.75 133059 05/11/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,717.07 133060 05/11/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 133061 05/11/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,767.11 133062 05/11/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 464.07 133063 05/11/2012 SEIU LOCAL 620 Payroll Vendor Payment 604.47 133064 05/11/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 133065 05/11/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 3,811.20 133067 05/14/2012 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 3,809.60 133068 05/14/2012 CHEVRON&TEXACO BUS. CARD Accounts Payable Check 982.39 133069 05/14/2012 SHELL Accounts Payable Check 1,213.65 133070 05/14/2012 WRIGHT EXPRESS FSC-76 FLEET Accounts Payable Check 234.88 133071 05/14/2012 WRIGHT EXPRESS FSC-76 UNIVERSL Accounts Payable Check 14,185.43 1114 05/15/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEA Payroll Vendor Payment 42,224.89 1115 05/15/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 55,627.85 1116 05/15/2012 RABOBANK, N.A. Payroll Vendor Payment 38,762.44 1117 05/15/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,366.30 1118 05/15/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,146.35 133072 05/19/2012 29TONIGHT, CO. Accounts Payable Check 445,75 133073 05/19/2012 AGP VIDEO, INC. Accounts Payable Check 2,445.00 133074 05/19/2012 AMERICAN MARBORG Accounts Payable Check 161.70 133075 05/19/2012 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,146.52 133076 05/19/2012 ANTECH DIAGNOSTICS Accounts Payable Check 1,053.60 133077 05/19/2012 ARAMARK UNIFORM SERVICES Accounts Payable Check 135.33 133078 05/19/2012 AT&T Accounts Payable Check 109.28 133079 05/19/2012 AT&T Accounts Payable Check 384,25 133080 05/19/2012 AT&T Accounts Payable Check 7638 133081 05/19/2012 ATASCADERO HAY& FEED Accounts Payable Check 946.93 133082 05/19/2012 ATASCADERO POLICE OFFICERS Accounts Payable Check 84.00 133083 05/19/2012 AURORA WORLD, INC. Accounts Payable Check 960.20 133084 05/19/2012 BARRY-OWEN CO., INC. Accounts Payable Check 296.10 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 133085 05/19/2012 BASSETTS CRICKET RANCH,INC. Accounts Payable Check 199.05 133086 05/19/2012 SHERRY BAZZELL Accounts Payable Check 48.84 133087 05/19/2012 BELL'S PLUMBING REPAIR, INC. Accounts Payable Check 742.00 133088 05/19/2012 BERRY MAN, INC. Accounts Payable Check 926.10 133089 05/19/2012 TERRY BUCKLEY Accounts Payable Check 62.48 133090 05/19/2012 CA CITY MANAGEMENT FOUNDATION Accounts Payable Check 800.00 133091 05/19/2012 CAL-COAST REFRIGERATION, INC Accounts Payable Check 205.87 133092 05/19/2012 KATE CAPELA Accounts Payable Check 34.44 133093 05/19/2012 CDCE, INC. Accounts Payable Check 1,500.00 133094 05/19/2012 CENTRAL COAST R& R LOCK Accounts Payable Check 32.33 133095 05/19/2012 CHARLES PRODUCTS, INC. Accounts Payable Check 129.09 133096 05/19/2012 CITY OF FRESNO Accounts Payable Check 216.00 133097 05/19/2012 COAST LINE DISTRIBUTING Accounts Payable Check 238.97 133098 05/19/2012 COASTAL COPY, LP Accounts Payable Check 223.08 133099 05/19/2012 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 63.57 133100 05/19/2012 COBAN TECHNOLOGIES, INC, Accounts Payable Check 138,499.33 133101 05/19/2012 NICHOLAS E. COUGHLIN Accounts Payable Check 562.00 133102 05/19/2012 CREDIT BUREAU Accounts Payable Check 40.00 133103 05/19/2012 CRYSTAL SPRINGS WATER Accounts Payable Check 153.96 133104 05/19/2012 CS INDUSTRIES Accounts Payable Check 116.40 133105 05/19/2012 MATTHEW J. CURRY Accounts Payable Check 140.00 133106 05/19/2012 BRIAN S. DAVIN, JR. Accounts Payable Check 324.00 133107 05/19/2012 DANIELA. DAVIS Accounts Payable Check 388.50 133108 05/19/2012 DECOU LUMBER COMPANY Accounts Payable Check 176.15 133109 05/19/2012 DENT SPEC&ON-SITE AUTO GLASS Accounts Payable Check 75.00 133110 05/19/2012 DEPARTMENT OF JUSTICE Accounts Payable Check 1,099.00 133111 05/19/2012 DOCUTEAM Accounts Payable Check 42.80 133112 05/19/2012 MONICADOMINGUEZ Accounts Payable Check 11.00 133113 05/19/2012 EARTH SYSTEMS PACIFIC Accounts Payable Check 21,386.01 133114 05/19/2012 ED'S FLY MEAT, LLC Accounts Payable Check 100.25 133115 05/19/2012 EL CAMINO VETERINARY HOSP Accounts Payable Check 2,607.94 133116 05/19/2012 ARACELY ENRIQUEZ Accounts Payable Check 45.00 133117 05/19/2012 ERIC WELLS CONSTRUCTION Accounts Payable Check 3,250.00 133118 05/19/2012 ESCUELA DEL RIO Accounts Payable Check 200.00 133119 05/19/2012 EXECUTIVE INFORMATION SERVICES Accounts Payable Check 28,056.60 133120 05/19/2012 FEDERAL EXPRESS Accounts Payable Check 47.07 133121 05/19/2012 FERRELL'S AUTO REPAIR Accounts Payable Check 165.70 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 133122 05/19/2012 FIRST TRANSIT, INC. Accounts Payable Check 19,059.56 133123 05/19/2012 FITNESS APPRAISAL, INC. Accounts Payable Check 5,910.00 133124 05/19/2012 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 7,414.74 133125 05/19/2012 FOSTER FARMS DAIRY Accounts Payable Check 87.03 133126 05/19/2012 DAVID A. GARIBAY Accounts Payable Check 162.00 133127 05/19/2012 GAS COMPANY Accounts Payable Check 460.86 133128 05/19/2012 ANDREW J. GEFTAKYS Accounts Payable Check 228.00 133129 05/19/2012 GEM AUTO PARTS Accounts Payable Check 677.35 133130 05/19/2012 GOLF VENTURES WEST, LLC Accounts Payable Check 61.94 133131 05/49/2012 GOPHER STOMPERS, INC. Accounts Payable Check 320.00 133132 05/19/2012 GREEN TRADING USA Accounts Payable Check 139.51 133133 05/19/2012 BRADLEY A. HACKLEMAN Accounts Payable Check 714.00 133135 05/19/2012 HOME DEPOT Accounts Payable Check 2,797.90 133136 05/19/2012 HOT FOCUS, INC. Accounts Payable Check 268.56 133137 05/19/2012 INDEPENDENT STATIONERS Accounts Payable Check 144.06 133138 05/19/2012 INFORMATION TECHNOLOGY Accounts Payable Check 262.32 133139 05/19/2012 J.S.M. ELECTRIC Accounts Payable Check 227.00 133140 05/19/2012 JAKE FANNING CONSTRUCTION Accounts Payable Check 200.00 133141 05/19/2012 CAROL D. JANSSEN Accounts Payable Check 597.60 133142 05/19/2012 JR'S ENVIRONMENTAL SERVICES Accounts Payable Check 4,245.00 133143 05/19/2012 KID TEES Accounts Payable Check 776.42 133144 05/19/2012 KIRK CONSTRUCTION Accounts Payable Check 8,724.69 133145 05/19/2012 KPRL 1230 AM Accounts Payable Check 320.00 133146 05/19/2012 LAFEBER COMPANY Accounts Payable Check 45.70 133147 05/19/2012 LANDSCAPES BY STACH Accounts Payable Check 250.00 133148 05/19/2012 MADRONE LANDSCAPES, INC. Accounts Payable Check 18,493.00 133149 05/19/2012 BECKY MAXWELL Accounts Payable Check 15.00 133150 05/19/2012 WADE MCKINNEY Accounts Payable Check 347.43 133151 05/19/2012 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 570.00 133152 05/19/2012 MID-COAST MOWER& SAW, INC. Accounts Payable Check 478.94 133153 05/1912012 MID-STATE SOLID WASTE &RECYCG Accounts Payable Check 881.72 133154 05/19/2012 MILLENNIUM CONSULTING ASSC. Accounts Payable Check 2,840.00 133155 05/19/2012 MINER'S ACE HARDWARE Accounts Payable Check 368.31 133156 05/19/2012 MISSION COMMUNITY BANK Accounts Payable Check 1,837.53 133157 05/19/2012 MICHAL S. MOSES Accounts Payable Check 1,243.72 133158 05/19/2012 MOUNTAIN CORPORATION Accounts Payable Check 300.88 133159 05/19/2012 MOUNTAIN SHADES, INC. Accounts Payable Check 219.82 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 133160 05/19/2012 MWI VETERINARY SUPPLY CO. Accounts Payable Check 148.95 133161 05/19/2012 KARRI MYALL-METZLER Accounts Payable Check 250.00 133162 05/19/2012 O.C. TANNER Accounts Payable Check 1,864.13 133163 05/19/2012 OFFICE DEPOT INC. Accounts Payable Check 218.47 133165 05/19/2012 PACIFIC GAS AND ELECTRIC Accounts Payable Check 18,024.60 133166 05/19/2012 PEPSI BEVERAGES COMPANY Accounts Payable Check 756.22 133167 05/19/2012 PERFORMANCE SWEEPING, INC. Accounts Payable Check 400.00 133168 05/19/2012 PERRY'S PARCEL& COURIER SVC Accounts Payable Check 22.96 133169 05/19/2012 PETTING ZOO, INC. Accounts Payable Check 604.55 133170 05/19/2012 PHILLIPS INTERNATIONAL, INC. Accounts Payable Check 578.40 133171 05/19/2012 JASON M. PLATZ Accounts Payable Check 114.00 133172 05/19/2012 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 382.38 133173 05/19/2012 PTL ENTERPRISES Accounts Payable Check 200.52 133174 05/19/2012 QUINN RENTAL SERVICES Accounts Payable Check 401.51 133175 05/19/2012 RAMINHA CONSTRUCTION, INC. Accounts Payable Check 84,096.66 133176 05/19/2012 RECOGNITION WORKS Accounts Payable Check 10.40 133177 05/19/2012 RENAUD ENTERPRISES, INC. Accounts Payable Check 252.09 133178 05/19/2012 REPUBLIC ELEVATOR COMPANY Accounts Payable Check 25,038.00 133179 05/19/2012 ROB DAVIS BACKHOE Accounts Payable Check 9,995.00 133180 05/19/2012 MICHELLE R. ROGERS Accounts Payable Check 315.00 133181 05/19/2012 ROYAL RESORTWEAR, LLC Accounts Payable Check 831.03 133182 05/19/2012 SAN LUIS MOTORSPORTS Accounts Payable Check 1,821.93 133183 05/19/2012 SANTA MARGARITA CONST. CORP. Accounts Payable Check 16,537.66 133184 05/19/2012 GEORGE SITYAVITZ Accounts Payable Check 191.87 133185 05/19/2012 JOHN C. SIEMENS Accounts Payable Check 196.00 133186 05/19/2012 CHRISTOPHER SILVA Accounts Payable Check 33.00 133187 05/19/2012 SLO COUNTY SHERIFF Accounts Payable Check 129.00 133188 05/19/2012 SMART AND FINAL Accounts Payable Check 40.92 133189 05/19/2012 STANLEY CONVERGENT SECURITY Accounts Payable Check 172.00 133190 05/19/2012 STAPLES CREDIT PLAN Accounts Payable Check 557.08 133191 05/19/2012 STATE WATER RES CONTROL BOARD Accounts Payable Check 130.00 133192 05/19/2012 STEPHEN JOSEPH Accounts Payable Check 280.00 133193 05/19/2012 STONEAGE ARTS, INC. Accounts Payable Check 391.63 133194 05/19/2012 STREATOR PIPE&SUPPLY Accounts Payable Check 260.76 133195 05/19/2012 BRIAN STURTEVANT Accounts Payable Check 395.16 133196 05/19/2012 SUN BADGE COMPANY Accounts Payable Check 510.75 133197 05/19/2012 SUNLIGHT JANITORIAL Accounts Payable Check 1,072.50 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 133198 05/19/2012 TERRA PAINTS Accounts Payable Check 243.34 133199 05/19/2012 TOPLINE PRODUCTS, INC. Accounts Payable Check 186.74 133200 05/19/2012 TOYSMITH Accounts Payable Check 225.04 133201 05/19/2012 TY, INC. Accounts Payable Check 194.40 133204 05/19/2012 U.S. BANK Accounts Payable Check 17,001.15 133205 05/19/2012 ULTREX BUSINESS PRODUCTS Accounts Payable Check 1,357.30 133206 05/19/2012 UNITED STAFFING ASSOCIATES,LLC Accounts Payable Check 792.00 133207 05/19/2012 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 6,806.14 133208 05/19/2012 FRED S.VERNACCHIA, M.D. Accounts Payable Check 80.00 133209 05/19/2012 WALLACE GROUP Accounts Payable Check 7,071.25 133210 05/19/2012 WARM FUZZY TOYS Accounts Payable Check 394.07 133211 05/19/2012 WELL SEEN SIGN CO., LLC Accounts Payable Check 112.61 133212 05/19/2012 WILLIAM P. WHITE Accounts Payable Check 396.14 133213 05/19/2012 WILD REPUBLIC Accounts Payable Check 4,205.25 133214 05/19/2012 WILKINS ACTION GRAPHICS Accounts Payable Check 88.57 133215 05/19/2012 WISHPETS CO. Accounts Payable Check 273.73 133216 05/19/2012 WULFING'S BACKGROUND& POLYGR Accounts Payable Check 250.00 133217 05/19/2012 WYSONG CONSTRUCTION CO. Accounts Payable Check 206,616.60 133218 05/19/2012 YESTERDAYS SPORTSWEAR Accounts Payable Check 713.47 133219 05/1912012 ZOO MED LABORATORIES, INC. Accounts Payable Check 258.60 1119 05/25/2012 STATE DISBURSEMENT UNIT Payroll Vendor Payment 856.81 1120 05/25/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEA Payroll Vendor Payment 41,617.61 1121 05/25/2012 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEh Payroll Vendor Payment 56,041.76 133220 05/25/2012 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00 133221 05/25/2012 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 133222 05/25/2012 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,241.75 133223 05/25/2012 AXA EQUITABLE Payroll Vendor Payment 520.12 133224 05/25/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,717.07 133225 05/25/2012 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 170.00 133226 05/25/2012 FRANCHISE TAX BOARD Payroll Vendor Payment 300.00 133227 05/25/2012 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,267.11 133228 05/25/2012 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 455.92 133229 05/25/2012 SEIU LOCAL 620 Payroll Vendor Payment 801,47 133230 05/25/2012 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61 133231 05/25/2012 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,811.20 1122 05/29/2012 RABOBANK, N.A. Payroll Vendor Payment 38,171.09 City of Atascadero Disbursement Listing For the Month of May 2012 Check Check Number Date Vendor Description Amount 1123 05/29/2012 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 9,080.97 1124 05/29/2012 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,139,40 $ 2,010,080.88 ITEM NUMBER: A-4 DATE: 07/10/12 n m 'N ff IF � ,1 lm C AAD 7 A tascadero City Council Staff Report — City Clerk Designation of Voting Delegate - League of California Cities' Annual Conference RECOMMENDATION: Council designate Council Member Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2012, and direct the City Clerk to inform the League of the designation. DISCUSSION: This year's League of California Cities' Annual Conference is scheduled for Wednesday, September 5t" through Friday, September 7t", in San Diego. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each City Council is asked to designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. Council Member Sturtevant will be attending the annual conference and would be available to serve as delegate. FISCAL IMPACT: None ITEM NUMBER: A- 5 DATE: 07/10/12 OR A tascadero City Council Staff Report — Public Works Department Transit Center Project Award City Bid No. 2012-002 RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Pickard & Butters Construction in the amount of $623,010.82 for construction of the Transit Center Base Bid Project; and, 2. Award Additive Alternate A in the amount of $50,869.50 and include the additional work in the Base Bid contract with Pickard & Butters Construction; and, 3. Authorize the Public Works Director to intermittently close portions of Capistrano Road and Lewis Avenue during the construction period; and, 4. Authorize the Director of Public Works to file a Notice of Completion with the County Recorder upon satisfactory completion of the project. DISCUSSION: Background: In 2007, the City and the San Luis Obispo Council of Governments authorized and funded a study to determine the feasibility of developing a downtown transit center. Staff presented the Site Selection study results to Council in September 2009, and the location on Capistrano Avenue was chosen. In May 2010 the City Council approved the Wallace Group, Inc., to perform the Downtown Transit Center design. The design is now complete and the City is moving on to the construction phase. The Transit Center project base bid is designed with an emphasis on durable construction and functionality. The project includes downtown standard hardscaping that matches the City's downtown design elements. In addition, drought tolerant landscaping and green design elements such as solar lighting were chosen to reduce long-term operating and maintenance costs. The Transit Center's amenities include ITEM NUMBER: A- 5 DATE: 07/10/12 two shade structures with rain gutters, benches, trash cans, street trees, route map and schedule kiosks, decorative retaining walls and a paver pathway to the City Hall Annex and Colony Square. The project also includes a drop off/pick up area, on Capistrano Avenue, to accommodate disabled access. This project also includes two bid alternates. The first bid alternate is for a.) the construction of a flashing bus sign that will alert drivers to the presence and movement of parked buses, and b) decorative stamped concrete crosswalks at the Capistrano Ave and Lewis Avenue intersection. This sign will provide additional warning to drivers as they travel south from Lewis Avenue towards State Route 41 . The second bid alternate consists of the installation of downtown streetscape sidewalk and lighting along the east side of Capistrano Avenue (Bank of America side). Bid Alternate B also included new street lighting on the portion of Capistrano that parallels Atascadero Creek. Staff is not recommending awarding Bid Alternate B because of budget constraints. Analysis: The Transit Center Project was first advertised from March 13, 2012, through April 17, 2012. The City rejected the first bid results because of inaccuracies and errors in the top bids received. Therefore, the Transit Center Project was rebid from May 9, 2012 to June 11, 2012. A total of five bids were received for the second bid. The bids were reviewed for accuracy and compliance with State and City of Atascadero bidding requirements and the total verified to arrive at the actual corrected bid results. Staff has confirmed that the apparent low bidder is Pickard & Butters Construction. Conclusion: Staff recommends that the City Council authorize the City Manager to execute a contract with Pickard & Butters Construction in the amount of $673,880.32 for construction of the Atascadero Transit Center Base Bid and Additive Alternate A. FISCAL IMPACT: PROJECTED EXPENDITURES Design / Admin Costs $ 125,000 Construction $ 673,881 Inspection / Testing / Construction Administration $ 75,000 Contingency @ 20% $ 134,780 Total Estimated Expenditure: $1,008,661 REVENUE Proposition 1 B $ 900,000 Federal Transit Authority 5307 Funds $ 84,519 Local Transit Funds $ 40,500 Total Allocated Revenue: $ 1,025,019 ESTIMATED SURPLUS OF AVAILABLE FUNDING $16,358 ITEM NUMBER: A- 5 DATE: 07/10/12 ALTERNATIVES: 1. Reject all bids and direct staff to redesign and re-bid the project. 2. Do not award the contract, reject all bids and cancel the project. ATTACHMENTS: Bid Summary ITEM NUMBER: DATE: 07/10/12 Attachment 1 Attachment 1 Bid Summary City of Atascadero Office of the City Clerk Bid Summary TO: Public Works FROM: Lisa Cava,Deputy City Cleck A4 BID NO.: 2012-004 OPENED: 2/6/1918 PROJECT: ATASCADERO TRANSIT CENTER REBm 5 Bids were received and opened today,as follows: Name of Bidder TOTAL BASE BID BID ALTERNATE A BID ALTERNATE B PICKARD&BUTTERS $622,978.96 $50,880.00 $232,373.00 WYSONG $670,885.02 $32,375.00 . $158,160.00 L MADONNA $690,669.45 $52,365.00 $233,873.25 W H ITAK E R $697,057.00 $31,540.00 $177,785.00 ARTHURS $705,467.00 $29,350.00 $177,685.00 ITEM NUMBER: A- 6 DATE: 07/10/12 r Fm-rr ;r it r 1978 A tasca deco City Council Staff Report — Community Development Department Adoption of Ordinances A, B and C Del Rio Road Commercial Area Specific Plan PLN 2007-1245 (Walmart) & PLN 2007-1246 (The Annex) Applicants: EDA Inc. / Omni Design Group Owners: Walmart Inc. / The Rottman Group / Montecito Bank & Trust RECOMMENDATIONS: Council: 1. Adopt on second reading by title only Ordinance "A", amending the zoning code text to add Specific Plan Zone 2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings and waiving further reading of the ordinance; and, 2. Adopt on second reading by title only Ordinance "B", approving zoning map amendment (ZCH 2007-0141 and ZCH 2007-0142), including a zoning overlay of the project site to "SP-2" (Specific Plan Zone 2) based on findings and waiving further reading of the ordinance; and, 3. Adopt on second reading by title only Ordinance "C", adopting the Del Rio Road Commercial Area Specific Plan and Appendix documents [Specific Plan Zone 2 (SP 2009-0003)] as a table in the municipal code, based on findings and waiving further reading of the ordinance. ITEM NUMBER: A- 6 DATE: 07/10/12 REPORT-IN-BRIEF: The City Council approved the Del Rio Road Commercial Area Specific Plan project on June 26, 2012. As part of the Council's decision, Ordinances A, B, and C (attached) were introduced for first reading by title only. The Ordinances must now be adopted on 2nd reading by title only and will become effective after 30 days. FISCAL IMPACT: The fiscal impact analysis determined the project at build out (Walmart and Annex) will have a net positive annual revenue of $529,637 to the City of Atascadero. The City's proportional share of the interchange mitigation costs is $2,111,901.00, which will be funded out of the City's Traffic Impact Fee (TIF) account. ATTACHMENTS 1. Attachment 1: Draft Ordinance A approving Zone Text Amendment to establish Specific Plan Zone 2 2. Attachment 2: Draft Ordinance B approving Zoning Map Amendment 3. Attachment 3: Draft Ordinance C approving the Del Rio Commercial Area Specific Plan ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Attachment 1: Draft Ordinance A Approval of Zone Text Amendment for Specific Plan Zone 2 Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 & PLN 2007- 1246) DRAFT ORDINANCE "A" SP-2 OVERLAY DISTRICT ZONING CODE TEXT AMENDMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 9-3.691 ESTABLISHING A "SPECIFIC PLAN ZONE 2" ZONING DISTRICT CODE TEXT ZCH 2007-0141 AND ZCH 2007-0142 FOR THE DEL RIO COMMERCIAL AREA SPECIFIC PLAN DEL RIO COMMERCIAL AREA SPECIFIC PLAN WALMART STORES INC. / THE ROTTMAN GROUP / MONTECITO BANK AND TRUST WHEREAS, an application has been received from: Walmart Stores, Inc. (2001 S.E. 10th Street Bentonville, AR 72716-0550) Owner, and EDA Design Professionals (1998 Santa Barbara St. Suite 200 San Luis Obispo, CA 93401) Applicant, and; The Rottman Group (P.O. Box 227 Santa Maria, CA 93456-0227) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453)Applicant, and; Montecito Bank and Trust (10 10 State Street, San Barbara, California 93 10 1) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453) Applicant, to consider Planning Applications PLN 2007-1245 and PLN 2007-1246, for a project consisting of General Plan Amendments, Zone Text and Map Amendments, Specific Plan, Vesting Tentative Parcel Maps, Tree Removal Permits and certification of an Environmental Impact Report ("EIR") on a 39.3± acre site located on El Camino Real and Del Rio Road, Atascadero, CA 93422 (APN 049-112-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070); and, ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC), Commercial Park (CPK), Single-Family Residential (SFR-X), High-Density Residential (HDR), Medium-Density Residential (MDR), and Suburban Estates (SE); and, WHEREAS, the site's current Zoning Designation is Commercial Retail (CR), Commercial Park (CPK), Residential Single-Family (RSF-X), Residential Multi Family (RMF- 20), Residential Multi Family(RMF-10), and Residential Suburban (RS); and, WHEREAS, the Planning Commission has recommended that the City Council approve a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Commercial Retail (CR), High-Density Residential (HDR), and Single- Family Residential (SFR-X); and, WHEREAS, a Zoning Ordinance Text Change is proposed by the applicants to establish zoning code text for Specific Plan Zone 2; and, WHEREAS, the General Plan has designated the project site as an area requiring a comprehensive master plan in order to minimize environmental impacts and maximize community compatibility (General Plan Table II-5) and to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, a Final EIR, Finding of Fact, and Statement of Overriding Considerations have been prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, the Final EIR, Finding of Fact and Statement of Overriding Considerations have been recommended by the Planning Commission for certification to the City Council; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding commercial opportunities within the City; and, WHEREAS, timely and properly noticed Public Hearings upon the subject Zone Text Amendment application was held by the Planning Commission and City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Ordinance amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 5, 2012, studied and considered Zone Text Change ZCH 2007-0141 and ZCH 2007-0142, after first studying and considering the Final EIR, Finding of Fact and Statement of Overriding Considerations prepared for the project; and, ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment WHEREAS, the Planning Commission of the City of Atascadero, has recommended the City Council approve Zone Text Change ZCH 2007-0141 and ZCH 2007-0142; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on June 26, 2012, studied and considered Zone Text Change ZCH 2007-0141 and ZCH 2007-0142, after first considering the Planning Commission's recommendation and considering the Final EIR, Finding of Fact and Statement of Overriding Considerations prepared for the project; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS:: SECTION 1. Findings for Approval of a Zone Text Change Creating a Specific Plan Zone 2 Zoning District Code Text. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan as described in General Plan Amendment Finding No. 4. and, 2. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use as described in General Plan Amendment Finding No. 3; and, 3. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development as described in General Plan Amendment Finding No. 5, zoning map amendment No. 4; and, 4. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts as described in General Plan Amendment Finding No. 6; and 5. The proposed zone change is consistent with the project-specific Final Environmental Impact Report and incorporates all feasible mitigation measures consistent with the Mitigation Monitoring and Reporting Program; and, SECTION 2. Approval. Section 9-3.691 of the Atascadero Municipal Code is amended to read as follows: 9-3.691 Establishment of Specific Plan Zone No. 2: (SP-2). A Specific Plan Zone No. 2 (SP-02) is established in on parcels (APN 049-112- 002, 018, 019, 022, 036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070) with a combined gross acreage of 39.3 acres. The permitted uses, maximum intensities, residential densities, site plans and architectural guidelines are established and regulated by the Del Rio ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Road Commercial Area Specific Plan (SP 2003-0003). The development standards contained within the Specific Plan Policy Document and Appendixes, as conditioned, shall be applied to all future development within the Specific Plan area, and as follows: (a) All development projects and construction permits shall be consistent with the requirements of the Del Rio Road Commercial Area Specific Plan document (adopted by ordinance) and the Del Rio Road Commercial Area Specific Plan Master Plan of Development which is an appendix to the Specific Plan and adopted by City Council resolution. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Del Rio Road Commercial Area Specific Plan. (c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Del Rio Road Commercial Area Specific Plan. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Del Rio Road Commercial Area Specific Plan. (e) Modifications and changes to the project shall be processed consistent with the Del Rio Road Commercial Area Specific Plan requirements. (f) The Del Rio Road Commercial Area Specific Plan document shall be adopted and amended by City Council Ordinance (g) The Specific Plan Master Plan of Development for the Del Rio Road Commercial Area Specific Plan shall be adopted and amended by City Council Resolution. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Attachment 2: Draft Ordinance B Approval of Zoning Map Amendment Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 & PLN 2007-1246) DRAFT ORDINANCE "B" ZONING MAP AMENDMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO ZONING MAP DESIGNATIONS FOR THE DEL RIO COMMERCIAL AREA SPECIFIC PLAN (ZCH 2007-0141 AND ZCH 2007-0142) DEL RIO COMMERCIAL AREA SPECIFIC PLAN WALMART STORES INC. / THE ROTTMAN GROUP / MONTECITO BANK AND TRUST WHEREAS, an application has been received from: Walmart Stores, Inc. (2001 S.E. 10th Street Bentonville, AR 72716-0550) Owner, and EDA Design Professionals (1998 Santa Barbara St. Suite 200 San Luis Obispo, CA 93401) Applicant, and; The Rottman Group (P.O. Box 227 Santa Maria, CA 93456-0227) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453)Applicant, and; Montecito Bank and Trust (10 10 State Street, San Barbara, California 93 10 1) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453) Applicant, to consider Planning Applications PLN 2007-1245 and PLN 2007-1246, for a project consisting of General Plan Amendments, Zone Text and Map Amendments, Specific Plan, Vesting Tentative Parcel Maps, Tree Removal Permits and certification of an Environmental Impact Report ("EIR") on a 39.3± acre site located on El Camino Real and Del Rio Road, Atascadero, CA 93422 (APN 049-112-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070); and, WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC), Commercial Park (CPK), Single-Family Residential (SFR-X), High-Density Residential (HDR), Medium-Density Residential (MDR), and Suburban Estates (SE); and, ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment WHEREAS, the site's current Zoning Designation is Commercial Retail (CR), Commercial Park (CPK), Residential Single-Family (RSF-X), Residential Multi Family (RMF- 20), Residential Multi Family(RMF-10), and Residential Suburban(RS); and, WHEREAS, the Planning Commission has recommended that the City Council approve a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Commercial Retail (CR), High-Density Residential (HDR), and Single- Family Residential (SFR-X); and, WHEREAS, the General Plan has designated the project site as an area requiring a comprehensive master plan in order to minimize environmental impacts and maximize community compatibility (General Plan Table II-5) and to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the Planning Commission has recommended that the City Council approve a Zoning Ordinance Text Change to establish zoning code text for Specific Plan Zone 2; and, WHEREAS, a Zoning Map Amendment is proposed by the applicant to change the zoning of lots with the project area to Commercial Retail (CR), Residential Single-Family (RSF- X), and Residential Multi Family (RMF-20), with a Specific Plan Zone 2 overlay on the entire project site in order to correspond with the recommended General Plan Land Use Diagram Amendment and Specific Plan Zone 2 Zoning Ordinance code text; and, WHEREAS, a Final EIR, Finding of Fact and Statement of Overriding Considerations have been prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, the Final EIR, Finding of Fact and Statement of Overriding Considerations have been recommended by the Planning Commission for certification to the City Council; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding commercial opportunities within the City; and, WHEREAS, timely and properly noticed Public Hearings upon the subject Zoning Map Amendment application was held by the Planning Commission and City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Map Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 5, 2012, studied and considered Zoning Map Amendment ZCH 2007-0141 and ZCH 2007-0142, after first studying and considering the Final EIR and Statement of Overriding Considerations prepared for the project; and, ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment WHEREAS, the Planning Commission of the City of Atascadero has recommended the City Council approve Zoning Map Amendment ZCH 2007-0141 and ZCH 2007-0142; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on June 26, 2012, studied and considered Zoning Map Amendment ZCH 2007-0141 and ZCH 2007-0142, after first studying the Planning Commission recommendation and considering the Final EIR, Findings of Fact and Statement of Overriding Considerations prepared for the project; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of an Amendment to the Official Zoning Map of Atascadero changing the zoning of lots within the SP-2 Specific Plan District. The City Council finds as follows: 1. The proposed zone change will be compatible with existing or desired conditions in surrounding neighborhoods and surrounding General Plan land uses and General Plan policies. As described in General Plan Amendment Finding No. 5, the proposed Project will be compatible with existing or desired conditions in surrounding neighborhoods. The proposed Project would allow the development of a highly desirable and vibrant community retail hub to North Atascadero. The Project will serve the growing local demand for retail products and groceries in North Atascadero, while at the same time revitalizing one of the City's larger and more visible properties. Approval of the Project will provide an aesthetic and commercial boon to the immediate and surrounding areas. As described in General Plan Amendment Finding No. 4, the proposed Project is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. Furthermore, it implements, and is consistent with, the General Plan's Master Plan of Development Overlay Area Number 5 and 6, which calls for two "master plan[ned] commercial center" not to exceed 300,000 square feet total. The proposed Project is in conformance with the adopted General Plan Goals, Policies and Programs and the overall intent of the General Plan. That the Project is in conformance with applicable goals, policies and programs is also described in detail in Draft EIR Section 3.8: Land Use, Table 3.8-4 and in the Del Rio Road Commercial Area Specific Plan. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Land Use, Open Space and Conservation Element Land Use Goal 3: Transform the existing EI Camino Real "strip" into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long-term economic viability of the community. Land Use Policy 3.1: Encourage retail business at efficient and attractive nodes along EI Camino Real and Morro Road with mixed office and residential uses between those nodes. Program 2: Designate and protect the east side of the Del Rio Road and El Camino Real intersection for a master planned retail commercial use. The Project will support Land Use Goal 3 and its related policies and programs by providing new retail along El Camino Real. Consistent with the City's goal of transforming the El Camino Real "strip," the Project consists of a new approximately 123,112 square foot Walmart store with grocery and 6,448 square foot outdoor garden center and outdoor bagged goods area, along with two commercial out-parcels, each with 5,000 square feet of retail, restaurant and/or office use, and the Annex project which consists of 120,900 square feet of freestanding commercial and retail uses. This master planned commercial center will create an efficient and attractive master planned "node" of commercial retail on the east side of the Del Rio Road and El Camino Real which maximizes the property's use potential and will increase tax revenue to the City and contribute to the long-term economic viability of the community by providing local and regional tax generating uses. The proposed Walmart store would serve as an anchor tenant for the surrounding commercial area, including the existing Mission Oaks shopping center and the proposed Annex center, as well as future commercial development in the area, which will offer Atascadero residents diverse, high quality and affordable retail and grocery options. The Specific Plan sets forth detailed design guidelines for building design, landscaping, and signage to ensure that the commercial uses are attractive and compatible with their surroundings. The Project promotes a mix of uses in the area as it includes a multiple family residential component providing up to 44 units and a single family residential component with up to six (6) units thereby, adding to the transition between the commercial node and the existing residentially zoned parcels. Approval of the proposed Annex / Walmart project ("Project") is in the public interest because it will allow for a commercial development that (1) satisfies the long time demands of residents for a grocery store and a broad array of convenient and low cost shopping options in the northern part of the City, and (2) attracts much needed tax revenue to the City. The Project will transform a ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment currently underutilized location into a retail node consistent with General Plan policy. Once completed, the Project will serve the growing local demand for retail and groceries in North Atascadero, while stimulating economic development consistent with City goals. The site has long been considered by the City to be an ideal place for a commercial center. The Project is partially located within the City's Master Plan of Development Overlay Areas identified in Table II-5 of the Atascadero General Plan. Specifically, the Annex / Walmart site is located within Overlay Area Numbers 5 and 6, which specifically calls for a "master plan[ned] commercial center" not to exceed 300,000 square feet. The Walmart Project, consisting of approximately 129,560 square feet of commercial uses (including 6,448 square feet outdoor garden center) and two 1-acre commercial outparcels for retail, restaurant and/or office buildings up to 5,000 square feet each, and the Annex Project consisting of 120,900 square feet of freestanding commercial uses consisting of retail, restaurant and drive-thru restaurant facilities, on six (6) retail pads, two (2) drive-thru restaurant pads, and two (2) restaurant and/or office use pads, is consistent with the type of use (master plan commercial center) and density contemplated in the General Plan for this area. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP-2 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case,be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; The establishment and operation of the project will not be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood because the Project incorporates extensive architectural design, landscaping, pedestrian, and environmental sustainability features that ensure it will be compatible with the existing development, neighborhoods and the environment as described in General Plan Amendment Findings No. 3 and No. 5. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Approval of the Project is compatible with existing development, neighborhoods and the environment because it will transform a currently underutilized location into retail node. Once completed, the Project will serve the growing local demand for retail and groceries in North Atascadero, while at the same time revitalizing one of the City's larger and more visible commercial areas. As discussed in General Plan Amendment Finding No. 5, the Project site has long been considered by the City to be the ideal location for a commercial center. The ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment site is specifically identified in the City's Master Plan of Development Overlay Areas as suited for a 300,000 square foot master planned commercial center with neighborhood shopping and a grocery store designed to be compatible with the existing Mission Oaks development. The Project is consistent with the commercial density contemplated in the General Plan for this area. With the approval of the proposed Project, El Camino Real and Del Rio Road, now an economically underutilized location, will be developed as a vibrant commercial corner contemplated by the General Plan. Further, as described in General Plan Amendment Finding No. 5, the Project incorporates extensive architectural design features, generous setbacks, robust landscaping and numerous pedestrian features designed to ensure compatibility with conditions in surrounding neighborhoods and the environment. Lastly, as described the General Plan Amendment No. 4 the Project is in conformance with adopted General Plan Goals, Policy and Programs. Further, the project is consistent with the overall intent of the General Plan and is not contrary to the orderly development of the area. SECTION 2. Approval. The City Council approves the rezoning the subject site consistent with the following: EXHIBIT A: Zone Change Map SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Exhibit A: Zoning Map Amendment Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 & PLN 2007-1246) F RSF-X RS RS asF-x Areas of zoning map amendment CR RS 01 CR SP-2 Overlay (Specific Plan Overlay#2) within dashed line RS RMF-20 Proposed Luning Districts Uel Rio Road Specific flan N,�� asnu«ar�ze roo.wr..r �('j() vra�.�.rM�.rwrrsu� wit_Ira�r�r. �.�ns.r..rr aOr r.+r Ir r..... // r.•..�err r.r I rich_30D tees " ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment Attachment 3: Draft Ordinance C Specific Plan Document for SP-2 Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 and PLN 2007-1246) DRAFT ORDINANCE "C" SPECIFIC PLAN DOCUMENT ADOPTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING A TABLE FOR THE SPECIFIC PLAN DOCUMENT FOR THE SP-2 ZONING DISTRICT FOR THE DEL RIO COMMERCIAL AREA (SP 2009-0003) DEL RIO COMMERCIAL AREA SPECIFIC PLAN WALMART STORES INC. / THE ROTTMAN GROUP / MONTECITO BANK AND TRUST WHEREAS, an application has been received from: Walmart Stores, Inc. (2001 S.E. 10th Street Bentonville, AR 72716-0550) Owner, and EDA Design Professionals (1998 Santa Barbara St. Suite 200 San Luis Obispo, CA 93401) Applicant, and; The Rottman Group (P.O. Box 227 Santa Maria, CA 93456-0227) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453)Applicant, and; Montecito Bank and Trust (10 10 State Street, San Barbara, California 93101) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453) Applicant, to consider Planning Applications PLN 2007-1245 and PLN 2007-1246, for a project consisting of General Plan Amendments, Zone Text and Map Amendments, Specific Plan, Vesting Tentative Parcel Maps, Tree Removal Permits and certification of an Environmental Impact Report ("EIR") on a 39.3± acre site located on El Camino Real and Del Rio Road, Atascadero, CA 93422 (APN 049-112-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070); and, ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC), Commercial Park (CPK), Single-Family Residential (SFR-X), High-Density Residential (HDR), Medium-Density Residential (MDR), and Suburban Estates (SE); and, WHEREAS, the site's current Zoning Designation is Commercial Retail (CR), Commercial Park (CPK), Residential Single-Family (RSF-X), Residential Multi Family (RMF- 20), Residential Multi Family(RMF-10), and Residential Suburban(RS); and, WHEREAS, the Planning Commission has recommended that the City Council approve a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Commercial Retail (CR), High-Density Residential (HDR), and Single- Family Residential (SFR-X); and, WHEREAS, the Planning Commission has recommended that the City Council approve a Zoning Ordinance Text Change and Zoning Map Amendment to establish zoning code text for Specific Plan Zone 2 and to change the zoning of lots with the project area to Commercial Retail (CR), Residential Single-Family (RSF-X), and Residential Multi Family (RMF-20), with a Specific Plan Zone 2 overlay on the entire project site; and, WHEREAS, the General Plan has designated the project site as an area requiring a comprehensive master plan in order to minimize environmental impacts and maximize community compatibility (General Plan Table II-5) and to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, a Final EIR, Finding of Fact and Statement of Overriding Considerations have been prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, the Final EIR, Finding of Fact and Statement of Overriding Considerations have been recommended by the Planning Commission for certification to the City Council; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding commercial opportunities within the City; and, WHEREAS, timely and properly noticed Public Hearings upon the subject Specific Plan application was held by the Planning Commission and City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 5, 2012, studied and considered the Del Rio Road Commercial Area Specific Plan ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment (SP 2009-0003), after first studying and considering the Final EIR, Finding of Fact and Statement of Overriding Considerations prepared for the project; and, WHEREAS, the Planning Commission of the City of Atascadero recommended the City Council approve the Del Rio Road Commercial Area Specific Plan (SP 2009-0003); and, WHEREAS, the Atascadero City Council, at a Public Hearing held on June 26, 2012, studied the Planning Commission's recommendation and considered the Del Rio Road Commercial Area Specific Plan (SP 2009-0003), after first studying and considering the Final EIR, Finding of Fact and Statement of Overriding Considerations prepared for the project; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of Del Rio Road Commercial Area Specific Plan. The City Council finds as follows: 1. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP-2 Ordinance; and, 2. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case,be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 3. The proposed Specific Plan will be compatible with existing or desired conditions in surrounding neighborhoods and surrounding General Plan land uses and General Plan policies. As discussed in General Plan Amendment Finding No. 5, the proposed Project will be compatible with existing and desired conditions in surrounding neighborhoods. The proposed Project would allow the development of an efficient and attractive community retail hub in North Atascadero. The Project will serve the growing local demand for retail products, groceries and restaurants in North Atascadero, while at the same time revitalizing one of the City's larger and more visible properties located just off Highway 101. Approval of the Project will allow for the development of a master planned commercial center consistent with General Plan policies. As discussed in detail in General Plan Amendment Finding No. 4, the proposed Project is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 4. Modification of zoning regulations, development standards, or processing requirements is warranted by the design and amenities incorporated. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment As discussed in General Plan Amendment Findings No. 3 and 5, project design, features and amenities will transform a currently underutilized location into a vibrant retail hub in an ideal location, providing an aesthetic and commercial boon to the immediate and surrounding areas and serving the growing local demand for retail and groceries in North Atascadero. With incorporation of the site design, landscaping and architectural features discussed in the General Plan Amendment Findings, the Project has been specifically designed to be compatible with existing development, neighborhoods and the environment. Without the approval of the Specific Plan, Zone Change and General Plan Amendment, the City's goal of creating an efficient, attractive and cohesive master-planned commercial center of this type at this ideal location would not be possible. In addition to creating additional employment and business opportunities and attracting much needed tax revenue, the Project will satisfy the long time demands of residents for a grocery store in the northern part of the City, while offering a broad array of convenient shopping and restaurant options. Accordingly, modification of zoning regulations and development standards is warranted by the Project design and the amenities provided by the Project. 5. The Specific Plan standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. The proposed General Plan Amendment, Zone Change and Specific Plan would allow the development of a master-planned, vibrant and attractive and cohesive community retail hub to North Atascadero which is not possible under the current zoning. The Project will serve the growing local demand for discount retail, groceries and restaurants in North Atascadero, while at the same time revitalizing one of the City's larger and more visible properties. Approval of the Specific Plan, Zone Change and General Plan Amendment will allow development of a commercial center and economic development of the area. The purpose of the Del Rio Road Commercial Area Specific Plan is to assist in the development of the site in a manner that benefits local shoppers, the general public, and the City of Atascadero. The Specific Plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the Specific Plan area. The development regulations contained in the Specific Plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards. The benefits derived from the Specific Plan cannot be reasonably achieved through existing development standards or processing requirements. The Del Rio Road Commercial Area Specific Plan serves as the overlay zone for the Project. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment The Specific Plan, together with the underlying zoning on the sites, establishes permitted uses and provides development regulations, requirements, and design guidelines for all development within the boundaries of the Specific Plan area. The Specific Plan specifies land use standards and policies for the site and establishes additional design guidelines as well as landscaping, lighting, signage, fencing and screening, on-site circulation, loading and outdoor storage standards that are not required in the Code and that ensure a high standard of design for the site. In addition, it facilitates design integrity between the variety of uses (i.e., achieves General Plan objective of a master planned commercial center). Also, the additional area gained by redesignating the residential parcels located at the back of the site to commercial will allow for a less dense project that can implement additional landscaping and buffer areas throughout the site, to further blend the Project with the surrounding area. 6. Benefits derived from the Specific Plan Zone 2 zone cannot be reasonably achieved through existing development standards or processing requirements. The benefits derived from the Specific Plan cannot be reasonably achieved through existing development standards or processing requirements. The Specific Plan specifies land use standards and policies for the site and establishes additional design guidelines as well as and landscaping, lighting, signage, fencing and screening, on-site circulation, loading and outdoor storage standards that are beyond the Municipal Code standard in order to ensure a high standard of design and compatibility for the site. In addition, it facilitates design integrity between the variety of uses (i.e. achieves General Plan objective of a master planned commercial center). Also, the additional area gained by redesignating the residential parcels located at the back of the site to commercial will allow for a less dense project that can implement additional landscaping and buffer areas throughout the site, to further blend in with the surrounding area. 7. The Specific Plan development standards or processing requirements is warranted to promote orderly and harmonious development and offers certain redeeming features to compensate for requested modifications. As discussed in General Plan Amendment Findings No. 3 and 5, in addition to revitalizing one of the City's larger and more visible properties, the Project would serve as an example for the community in energy efficiency by incorporating a variety of sustainability features in the construction, design and operation of the store that would reduce its demand for resources, utilize non-toxic materials, and promote waste reduction. The additional area gained by redesignating the residential parcels located at the back of the site to commercial will allow for a less dense project that can implement additional landscaping areas. The Project would also exceed the City's minimum landscaping requirements and contain robust landscaping and greenery to enhance the site and screen parked cars. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment 8. The Specific Plan development standards or processing requirements is warranted to promote orderly and harmonious development and will supplement or supersede any adopted ordinances, regulations and standards of the City which are applicable. The Del Rio Road Commercial Area Specific Plan implements the goals and policies of the City of Atascadero General Plan within the Specific Plan area. The Specific Plan is generally consistent with the City of Atascadero Municipal Code, but provides additional development standards and guidelines that are customized to achieve the specific vision for the project area. The City's zoning standards are utilized for certain aspects, such as the minimum parking spaces required,while the Specific Plan provides other standards and guidelines that are tailored to the specific development proposed for the Del Rio Road Commercial Area Specific Plan. Development regulations and requirements contained in the Specific Plan supplement or replace those of the City of Atascadero Municipal Code as they might otherwise apply to lands within the Del Rio Road Commercial Area Specific Plan area. For projects within the Specific Plan area, policies and standards in the Del Rio Road Commercial Area Specific Plan take precedence over more general policies and standards applied through the rest of the City. To the extent the provisions of the Specific Plan and the Atascadero Municipal Code are in conflict, the provisions of the Specific Plan will prevail. In situations where policies or standards relating to a particular subject have not been provided in the Specific Plan, the existing policies and standards of the Atascadero Municipal Code shall continue to apply. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on June 26, 2012, approved the Del Rio Road Commercial Area Specific Plan for the SP-2 zoning overlay district as described in the following: 1. EXHIBIT A: Del Rio Commercial Area Specific Plan 2. EXHIBIT B: Addendum—Del Rio Road Commercial Area Specific Plan ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment EXHIBIT A: Del Rio Commercial Area Specific Plan Document Ordinance SP-2 Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 and PLN 2007-1246) This Exhibit is attached as a separate document. (Also available for viewing at www.atascadero.org) Yellow label CITY OF ATASCADERO Walmart /Annex Specific Plan Ordinance C Exhibit A f DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN March 2012 _ PC' 1998 Santa Barbara Street,Suite 200 Sen Luis Obispo,CA 934W Adopted Month Day,Year ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment EXHIBIT B: Del Rio Commercial Area Specific Plan Document Ordinance SP-2 Addendum - Del Rio Road Commercial Area Specific Plan (PLN 2007-1245 and PLN 2007-1246) The specific document is amended as follows: Specific Plan Addendum SP-2: Del Rio Road Commercial Area Specific Plan ......................................................................................................................................................................................................................................................................................................................................................................................................................... Page Specific Plan Section /Text Addendum Text ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1-2 Add paragraph at the end of ' Appendix B and Section VII represent section 1.2: the Specific Plan Master Plan of Development and are adopted by City Council resolution that is separate from the Specific Plan ordinance. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... IV-2 Add text under: Adjacent to residential zoned property: Minimum building setbacks 30 feet ......... ......................................................................... . VI-4 6.9.1. CITY MAINTENANCE 6.9.1. CITY MAINTENANCE RESPONSIBILITY RESPONSIBILITY Public facilities are planned for Public facilities are planned for public public maintenance by the City or maintenance by the City or the the appropriate utility service appropriate utility service provider and provider and include, but are not include, but are not limited to, the limited to, the following: following: ■ All public streets within the All public streets within the Specific Plan area, Specific Plan area, excluding excluding residential residential subdivisions. subdivisions. Public traffic signals and traffic ■ Public traffic signals and control signs within the public traffic control signs within right-of-way within the Specific the public right-of-way Plan area. within the Specific Plan Public improvements constructed area. in the public right-of-way inside of ■ Public improvements and outside of the Specific Plan constructed in the public area. right-of-way inside of and All sewer mains, excluding lateral outside of the Specific Plan connections. area. The existing and expanded storm ■ All sewer mains, excluding drains in the public ri ht-of-wa ....................................................................................................._................_.......................................................................................................................................... g .._......_....................................................................................................................................................g..........................................Y................_ ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment ..........................................................................................................................................................................................................................................................................................................................................................................................................................� Specific Plan Addendum SP-2: Del Rio Road Commercial Area Specific Plan i ...................................... ....................................................... .........................................:................. ......... ... ..................................... lateral connections. or dedicated easements. ■ The existing and expanded f Street lightiRg Within p blir rights storm drains in the public of way in the Sperifir Plan area right-of-way or dedicated • I anrlsraniRg within the renter easements. medians of all p blir streets in ■ Street lighting within public the cnerifir Plan area rights of way in the Specific Plan area. ■ Landscaping within the center medians of all public streets in the Specific Plan area. .......................... ............... ...................................................................................................................................................................................................... ........ VI-5 1.9.3. PRIVATE MAINTENANCE 1.9.3. PRIVATE MAINTENANCE Private and public improvements to Private and public improvements to be be maintained by the developers maintained by the developers include, include, but are not limited to, the but are not limited to, the following: following: Streets, drives, lanes and ■ Streets, drives, lanes and pedestrian paths on private pedestrian paths on private property within the Specific Plan property within the Specific area. Plan area. Public streets within any ■ Public streets within any residential subdivisions residential subdivisions Traffic control signs and ■ Traffic control signs and pavement markings on private pavement markings on property within the Specific Plan private property within the area. Specific Plan area. Landscaping and lighting on ■ Landscaping and lighting on private property within the private property within the Specific Plan area. Specific Plan area. Property line walls, fences, ■ Property line walls, fences, retaining walls, refuse storage retaining walls, refuse areas, signs, slopes, and parking storage areas, signs, lots. slopes, and parking lots. Open space areas on private • Open space areas on property within the Specific Plan private property within the area including detention facilities, Specific Plan area including bio-swales, and other low-impact- detention facilities, bio- development features. swales, and other low- Newly constructed drainage impact-development facilities on private property features. within the Specific Plan area. .................................................................................................................................................................................................................................................................................................... ................................................................................................................. ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment ..........................................................................................................................................................................................................................................................................................................................................................................................................................� Specific Plan Addendum SP-2: Del Rio Road Commercial Area Specific Plan .................................... ............................................................................ ............................................... ......... ■ Newly constructed drainage Landscaped frontages within the facilities on private property right-of-way of all public streets. within the Specific Plan Street lighting within public rights area. of way in the Specific Plan area. ■ Landscaped frontages Landscaping within the center within the right-of-way of all medians of all public streets in public streets. the Specific Plan area ...................... ......... ..... ............. ......................................................................:.......................... .................. .................. .................. ................................................... VII-1 ; Amend the following text: VII Master Plan of Development Exhibits VII Exhibits (adopted by separate resolution) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ VIII-29 Signage Program Summary: The Signage Program for the Annex Project Site shall be modified to Delete are replace include the following provisions: a Major tenants over 10,000 square feet in size may be permitted up to 125 square feet of sign area. b. Minor tenants shall be permitted to install one (1) square foot of sign per linear foot of frontage, with a minimum of 20 square feet and a maximum of 40 square feet per building frontage facing a street or customer parking area. Signage for Minor Tenants shall not to exceed 80 square feet per tenant space. C. All signs shall be individual pan channel letters and logos. No box or cabinet signs shall be permitted. d. The freeway facing pylon sign on the Annex site shall be permitted to have a maximum combined sign area of 300 square feet per side and a maximum height of 50 feet above finished grade. e. Monument signs on the Annex Prosect Site shall have a maximum sign area of 60 square feet and a maximum height of 12 feet from finished grade. f. Additional tenant signage on the ITEM NUMBER: A- 6 DATE: 07/10/12 Attachment ..........................................................................................................................................................................................................................................................................................................................................................................................................................� Specific Plan Addendum SP-2: Del Rio Road Commercial Area Specific Plan i ...................................... ............................................................................................................................................................................................................ ................................................. Annex Prosect Site may be approved through the Administrative Use Permit process, with design review by the Community Development Department, if the request is consistent with the intent of the Specific Plan. ............................................................................................................................................................................................................................................................ ............................................................................; B-1 Add Text Appendix B adopted by separate resolution. ITEM NUMBER: B - 1 DATE: 07/10/12 1918 q G 19 � City Council Agenda Report Staff Report — Public Works Department Placement of Sewer Service Charges on the 2012-2013 Property Tax Rolls RECOMMENDATION: Council adopt the Draft Resolution placing sewer service charges on the 2012-2013 property tax rolls. DISCUSSION: The Atascadero Municipal Code provides for the collection of sewer service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984. The attached resolution has been prepared to accomplish the necessary collection through the 2012-2013 property tax bills. There has been no increase in the sewer service rates. A Notice of Public Hearing has been published noticing this action. The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A of the Draft Resolution. Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July 20, 2012 deadline. FISCAL IMPACT: The City will bill $1,728,176.34 in sanitation service charges for Fiscal Year 2012-2013. ATTACHMENTS: Draft Resolution ITEM NUMBER: B - 1 DATE: 07/10/12 Attachment DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2012-2013 PROPERTY TAX ROLLS WHEREAS, the City Council of the City of Atascadero (hereafter referred to as City Council) has duly held a public hearing concerning the addition of the 2012-2013 service charges to the 2012-2013 property tax bills; and, WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and, WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council; and, WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and, WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That the City Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth; and the City Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. ITEM NUMBER: B - 1 DATE: 07/10/12 Section 5. This resolution is approved by at least a two-thirds vote of said Council. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B - 1 DATE: 07/10/12 EXHIBIT A Due to the length of Exhibit A, it has not been reproduced as an attachment, however, it may be reviewed in its entirety in the office of the City Clerk.