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HomeMy WebLinkAboutAgenda Packet 10/22/1996 *PU 'IC REVIEW COPY P/ v ATASCADERO CITY COUNCIL REGULAR MEETING OCTOBER 22, 1996' CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM i 7:00 P.M. i George RaY George Harold David Luna Johnson Highland Carden Bewley This agenda is prepared and posted pursuant to the mquirements of Government node Section 54954.2. By listing a topic on this agenda, the City Council A as expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A refekral to staff with specific requests for information; continuance,specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; 'authorizations to enter into negotiations and execute agreements pertaining to the item; adoption o, approval; and, disapproval. 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 (Room 208) and in the Information Office (Room 103), available for public inspection during,City Hal I business hours. The City Clerk will answer any,questions regarding the agenda. . In compliance with the Americans with Disabilities Act, if you need secial assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-50p4. Notification at least 48 hours prior to the meeting or time when services are needed w4l assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. i li 6:00 P.M. - CLOSED SESSION: 1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title City Manager` 2) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Name of Case: City of Atascadero v. Travis Development 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participa#i n back page) CALL TO ORDER I. PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENTS I COMMUNITY FORUM $ I A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon;separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES - September 10, 1996 (City Clerk's recommendation Approve) 2. CITY COUNCIL MINUTES - September 11, 1996 (Adjourned Meeting) (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES - September 24, 1996 (City Clerk's recommendation: Approve) 4. RESOLUTION NO. 80-96 - Authorizing a lease agreement with Superior Office Systemsfor photocopiers (Staff recommendations, Adopt) 5. RESOLUTION NO 87-96 - Authorizing the filing of a claim for Local Transportation Funds and State Transit Assistance Funds in compliance'with the Transportation Development Act (Staff recommendation: Adopt) 6. RESOLUTION NO. 92-96 - Adopting the 1996/97 Fiscal Year Budget (Staff recommendation: Adopt) 7. RESOLUTION NO. 93-96 - Adopting Salary Schedule for Full-Time and Temporary' Part-Time Employees (Staff recommendation: Adopt) 8. RESOLUTION NO. 94-96 - Amending contract with the Zoological Society in regard to the Zoo Education Coordinator Position (Staff recommendation: Adopt) B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 96005/ZONE CHANGE 96007 A. Negative Declaration - Find to be adequate under the provisions of CEQA and the State and local guidelines for its implementation (Planning Commission/Staff recommendation-: Find to be adequate) B. ' Resolution No. 86-96 - Amending the Land Use Map of the General Plan by modifying the land use designation of the site from' "Office" to "High Density Single Family" (Planning Commission/Staff recommendation: Adopt) C. Ordinance No..315 - Amending the Zoning Ordinance by changing the zoning district shown on the Zoning Ordinance Map for the site from "CP" (Commer- cial Professional) to "LSF-X" (Limited Single Family - High Density) (Planning Commission/Staff recommendation: Motion to waive reading,in full and introduce on first reading, by title only) 2 i i i C. REGULAR BUSINESS: 1. ORDINANCE NO. 311 - Amending the Zoning Ordinance text byjcreating a (CPK) Commercial Park zoning district, adding Planned Development O�erlay No. 10 and amending Map 23 of the official zoning maps by rezoning certain real`property located at 11500 EI Camino Real from-(RS) Residential Suburban to (CPK) Com- mercial Park with (FH) Flood Hazard and (PD1 0) Planned Devel4ment #10 overlays and (RMF-16)'High Density Multiple Family (ZC 95003; City of '*tascadero/Hendrix) (Staff recommendation: Motion to waive reading in full and adopt on second reading, by title onl ) 2. ORDINANCE NO. 313 - Amending the Zoning Ordinance Text by the addition of a (CPK) zoning district and amending Map 11 of the official zoning maps by rezoning certain real property located at 2600 El Camino Real from (IP) Industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Staff recommendation: Motion to waive reading in full and adoit on second reading, by title only) ; i D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): i I 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority, 2. City/School Committee i 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group' 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. North County Council 8. Ad Hoc Regional Water Management Committee 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: j 1. City Council i 2. City Attorney , 3. City Clerk 4. City Treasurer 5. City Manager F. ADJOURNMENT: The City Council will adjourn to 7.00 p.m. on Wednesday, October 23, 1996, for public hearing on the subject of the Milihollin Mine. Said meedikor shall beheld in the Rotunda Room N'Floor) of the City Administration Building land is open to the public. I i i i 3 RULESOF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase` the effectiveness of your participation, please familiarize yourseff with the following mles of decorum. O Members of the audience'may 'speak on any item on the agenda, in the order the item(s) are addressed ;by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). Q Persons wishingto speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak'for five (5) minutes. O No one may speak for a second time until everyone wishing to speak' has had an opportunity to do so, and no one may speak more'than "twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. O The floor will'''then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community Forum, unless Council'authorizes an extension. O State taw does not allow the ;'Council to take` action on issues not on the agenda; staff may be asked to follow-up on such items. Agenda Item: A-1 Meeting Dater 10/22/96 ATASCADERO CITY COUNCIL SEPTEMBER 10, 1996 MINUTES The Mayor called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Steve DeCamp, City Planner; Doug Davidson, Senior Planner; Lt. Bill Watton, Acting Police Chief; John; Neil, Assistant City Engineer; Mark Markwort, Chief of Wastewater Operations; Alicia Lara, Personnel Analyst and David Foote, Environmental Impact Report Consultant r PRESENTATIONS: • Presentation by Commander Bob Gruber, VFW Post 2814, of "Missing In Action Flag and plaque to City in recognition of MIA Week,' 9/15-9/21/96 - The Mayor accepted the flag on behalf of the City. • Recognition to Atascadero Waste Alternatives, Inc. (formerly Wil-Mar Disposal) and the Atascadero Recycling Committee for efforts in achieving a 50% waste reduction in Atascadero - Kelly Heffernon and Michelle Vela$co accepted plaques presented by Councilmember Luna. • Proclaim September, 1996, "U.S. Constitution Observance Month" (California Masons) - Mike McCain accepted the proclamation on behalf of the local Masonic Temple. CC-9/10/96 Page 1 i COMMUNITY FORUM r indicated that public testimony be limoted to three (3) minutes The Mayo this evening. Ken Molett, 4815 Arizona, shared concern Awt the Carlton Hotel, vacancies in the downtown and the opening of an adult bmkstore. Margot Fertschneider, 7500 Santa Ynez, mpoed that there is a local effort to encourage Falcon Cable TV to carry the FaWamd Values Channel and urged the Council to lend support. Wendy Muller, 8200 Graves Creek Road, exiiiIiiined that she and her husband had retained the services of an attorney and readillis letter (see Exhibit A). Terrill Graham, 6205 Conejo Road, argued thadue process of law has been changed by the whim of the Council by chan#g the testimony time from three to five minutes. Cheryl Burbach, 12605 Santa Ana, asked 2City Council to stand firm on their commitment to the local PTSA to support ug-free zone. Donna Williams, local resident, spoke in suit of police services and requested that the Police Chief be restored to his offices. Emilie LeSalle, 8900 San Diego Road, criticiumkthe site selected for the North County Campus of Cuesta College and que ed why Atascadero had not been represented during the selection process. T mMayor noted that the Council has taken a position on the matter and sent a I+etferto Cuesta College asking that more consideration be given to a more centrally loaded site. Joseph Curtis, 5170 Fresno Ave., shared comms regarding the City's financial situation. Mary Walsh, 9630 Santa Lucia, encouraged,111le City Council to reinstate Bud McHale as the Police Chief and asked why VwCity Manager is now serving as the Finance Director. Rodin Dexter, 5535 Nogales, urged the Cam to bring a speedy resolution to the issues surrounding the Police Department m0ts chief. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES- August 1111996 (City Clerk's recommendation: Appromd CC 9/10/96 Page 2 2. CITY COUNCIL MINUTES - August 27, 1996 . (City Clerk's recommendation: Approve) 3. RESOLUTION NO. 80-96 - Authorizing a lease agreement with Superior Office Systems for photocopiers (Staff recommendation: Adopt) 4. RESOLUTION NO. 81-96 -Authorizing an agreement with Cooperative Personnel Services for testing services (Staff recommendation: Adopt) 5. RESOLUTION NO. 82-96 - Authorizing an agreement with the CA Commission on Peace Officer Standards &Training (POST) for testing services (Staff recommendation: Adopt) Councilmembers Johnson and Carden noted that they would abstain from #A-2 because of absence. Councilmember Johnson pulled #A-3. Rush Kolemaine requested that Item #A-4 be pulled. MOTION: By Councilmember Luna, seconded by Councilmember Bewley to approve Items #A-1 and 5; motion passed 5:0 by roll cafl vote. MOTION: By Councilmember Luna, seconded by Councilmember Bewley . to approve Item #A-2; motion passed 3:0 (Carden, Johnson abstained). S Re: #A-3. RESOLUTION NO. 80-96 - Authorizing a lease agreement with Superior Office Systems for photocopiers (Staff recommendation: Adopt) At the request of Councilmember Johnson, Alicia Lara provided additional information and clarified that the lease options will provide a cost savings and a higher level of efficiency. Councilmember Luna suggested that the staff reports contain all bids. Public Comments: Rush Kolemaine, 4850 Potrero Road, summarized concerns highlighted in his memo to the City Council (see Exhibit B) about this and Item #A-4 and suggested that the matters be referred back to staff. ---end of public testimony--- There was a consensus to continue this matter until after the City Council has an opportunity to review the 1996/97 Fiscal Year budget. CC 9/10/96 Page 3 i Re: #4: RESOLUTION NO. 81-96 - Aorizing an agreement with Cooperative Personnel Services for testing sers • (Staff recommendation: Adopt) Alicia Lara explained that the costs amoutta less than $1,000 per year and are approved on an annual basis. In addition she clarified that there are no local suppliers for this type of service. Public Comments: Terril Graham commented that he agreesth speaker Rush Kolemaine's analysis. ---end of public testimony--- Councilmember Carden asked the City Merger if both items were included in the budget. Andy Takata noted that they waL Councilmember Carden asserted that all the appropriate steps have been follovW and encouraged the Council to rely upon the expertise and research conducutty,staff. MOTION: By Councilmember Joksort, seconded by Councilmember Carden to approve Resolution 81- motion passed unanimously by roll call vote. B. PUBLIC HEARINGS: • 1. DISCUSS CITY REORGANIZATION (Staff recommendation: Request tian) The City Manager provided an in-depth saff report and summarized various options for City re-organization. Council moments followed. Councilmember Luna asserted that he wawpposed to a radical re-organization without the benefit of an audit or an appmoed appbudget for the current fiscal year. Using overhead transparencies, he outlines proposal for zero-based budgeting with no lay-offs (see Exhibit C). Councilmember Carden suggested that ns regarding the Police Department be deferred until the next meeting as a resuJW new information provided by the bargaining units. Councilmembers Johnsmand Bewley agreed. Individual reports from Department Hea . awed: Lt. Watton, Acting Police Chief, noted thi't would be wise to defer approving any re-organization plan for the Police Dtment until the issue regarding the Police Chief is resolved. He indicated t he:department can cut spending in areas other than staffing and explained tivirif positions must be cut, he would prefer them to be the two police officer paitions presently vacant. He urged the CC 9/10/96 Page 4 City Council to retain all full-time a ees citywide. Fire Chief Mike McCain commented ftt mid-manager positions are important to the organization and requested that for Council not eliminate the positions of Fire Marshal and Police Lieutenant. Brady Cherry, Director of Community ices, emphasized that the City cannot afford to borrow any more money frmthe wastewater enterprise fund and stressed that the City's street maintemnce:program is unacceptable. He suggested that some of the departmadal lines be erased and spoke in favor of employee cross-training. Steve DeCamp, City Planner/Acting Community Development Director, asserted that a qualified individual is needed taespect septic systems and other aspects of development and issued caution that. department may not be able to meet the needs of the building industry in the rtrunity if the position of plan check engineer is eliminated. He also noted i t the department will equally be impacted if the position of city planner is sacrid and explained that plan review turn around times and proactive advance 10ming are key responsibilities of that job. In closing, he recommended that the psWon of Community Development Director be filled and suggested that the Couriftostpone any staffing for Economic Development Director at this time. • Rudy Hernandez, City Treasurer, enc ed the Council to avoid 'lay-offs and suggested that consideration be given ,-a mandatory work furlough program whereby City Hall would be closed orwday per month to save costs. The Mayor declared a recess at 9:12. At 9:22 p.m., the meeting resumed. Representatives from Employee Bargaig Units addressed the City Council: Mark Markwort, President of the Mid pagers/Professional Bargaining Unit, noted that he had permission to use the nares of specific employees and urged the City Council to appoint Steve DeCamp to ift,position of Community Development Director permanently and appoint Cal*.Fernandes as the Building Official. In addition, he urged the Council to retair0e positions of Support Services Manager and Police Lieutenant in the Police De4ortment, and recommended further that positions city-wide now vacant be fillWhen the fiscal condition is stabilized. Cynthia Reid, representing the Atascabro Police Officers Association, explained that employees have offered alternative like early retirements, reduction in benefits and voluntary demotions andwged consideration of these kinds of options. Sandi Ford, Service Employees Inter al Union (SEiU), shared concern about clerical and maintenance staff. She aieeinred that the City is already down to • "bare bones" and cannot afford to to more employees. CC 9/10/96 Page 5 Public Comments: Rush Kolemaine commented that he believes the City's budget can be reduced by looking more closely at line items and by not approving any new requests. Dorothy McNeil, 8765 Sierra Vista, remarked that the City Manager has paid no attention to the recommendations of the Economic Recovery Task Force (ERFT) and questioned why proposals for re-organization are even being considered when the City has not yet adopted a fiscal budget. Jackie Vanderpool, 9191 San Diego Way, stated that she is opposed to cuts in the Police Department and urged the Council to take the ERTF report into consideration. In addition, she asserted that she is against the Council giving the City Manager any more power because he already has too much authority. Eric Greening, 7365 Valle, shared concern that there may have been a Brown Act violation if the Council discussed reorganization/lay-offs without the benefit of the public being properly notified. He suggested that other alternatives be reviewed before the option of lay-offs and encouraged the Council to give consideration to revenue enhancement. Ann Banks, 10690 Colorado Road, explained that the characteristics of the community is what drew her family to Atascadero and as a 10-year employee in the Police Department, she wants what is best for the community. She asserted that it is time to move forward with a sound fiscal plan and pointed out that employees are still willing to work with administration and the Council. Diane Robinson, local resident, requested that the Police Chief be reinstated and commented that the City needs to be managed more like the Police Department. Anne McMahon, Atascadero Youth Task Force representative, voiced concern about the stability of programs and services offered by the Community Services Department. She spoke in support of maintaining healthy recreational programs and urged the Council to make youth a priority. Mike Cole, on behalf of Joan O'Keefe, 9985 Old Morro Road, addressed concerns regarding the purchase of Stadium Park and noted that the ERTF had not recommended any cuts in personnel. She also expressed opposition to the proposal of hiring an Economic Development Director. Mike Cole, speaking for himself, opposed lay-offs and suggested that other alternatives be considered. Bonita Borgeson, 4780 Del Rio Road, pointed out that the Council has a responsibility to hold the line and still provide quality service. She argued that CC 9/10/96 Page 6 1 3 public safety should be the highest priority and asserted that development should } pay its own way. ; Patsy West, 6970 Navajoa, spoke in opposition to lay-offs and emphasized that most: of the positions targeted are those who have worked for the City for over n about the Police Department, asked that the fifteen years. She shared concer Police Chief be restored to his office and urged the Council to consider firing the City Manager. In addition, she spoke in support of hiring a Public Works Director and eliminating the present contractual arrangement for engineering services. Shirley Summers, resident, spoke in support of the Police Department and in opposition to cuts in that department. She also urged the Council to reinstate the Police Chief and fill vacant positions in that department. David Graham, 7350 Santa Ysabel Avenue, pointed out that the revenue of equation has been overlooked and argued that additional tax revenue must be generated. Elaine McKellips, West Mall resident, reported that she is voluntarily researching a grant for police communications. She also suggested that recreation programs be privatized and mentioned that there are federal grant programs that benefit children and families. Wendy Muller, 8200 Graves Creek, asserted that the City Manager has too much power and authority and claimed that the City is not well-served by the City Attorney. Leo Korba, 10905 Santa Ana Road, spoke in support of adopting a utility tax as a method to stimulate revenue and argued that its time to put the matter on the ballot and let the voters decide. He pointed out that the City Manager is attempting to provide a balanced budget despite the fact that he has not been given any authority to raise taxes or fees. Jim Williamson, 10265 Realito Avenue, voiced concern for proposed reductions in the Police Department and asserted that police and fire services should be the top priority. Carla Randolph, civilian Police Department employee, oke in Chief oppositas no ion input on the to cuts in 'the department and expressed concern that the Police re-organization proposed. Ann Landers-Ketcherside, resident, said she had been badly beaten four months ago, nearly lost her life and yet she was arrested. She proclaimed that this had made no sense to her and reported that she had sent a letter to the Attorney General about her concerns relative to the Police Department. cC. 9/10/96 Page 7 i Donald Jones, 4585 Viscano Avenue, observed that the City has no long-term plan,. He said it was a sign of poor planning to see staff recommend a color copier • at the same time lay-offs are being considered. Ray Jansen, 6655 Country Club Drive, commented that the advantages of a utility tax should be obvious and indicated he thinks the alternative is fair and equitable. Donna Williams, resident, spoke against proposed cuts in the Police Department, Bob Johnson, 3985 Rosita Avenue, proposed that the City Manager be fired and urged the Council to reinstate the Police Chief. Marg Walsh, 9630 Santa Lucia, asked if the Police Chief had been placed on administrative leave so that he would not be able to provide input on the re- organization. She also asked if the public can get copies of the budget. The Mayor referred the speaker to the City Clerk. Ms. Walsh urged the Council to reinstate the Police Chief. MOTION: By Councilmember Luna, seconded by Councilmember Bewley to go beyond the hour of 11:00 p.m.; motion approved unanimously. Jim Edwards, 2800 EI Camino Real, would like to see the city run more like a non- profit organization and encouraged the Council to reinstate the Police Chief. ---end of public testimony--- Lengthy Council comments followed. No specific action on the proposed re- organization was taken and the matter was continued until after the Council has had an opportunity to review the budget for Fiscal Year 1996/97. The proposed budget was referred to the Finance Committee and staff was directed to the bring both matters back for consideration on October 8, 1996. A brief recess was called at 11:28 p.m. This meeting reconvened at 11:35 p.m. 2. GENERAL PLAN AMENDMENT 95008/ZONE CHANGE 95013/LOT LINE ADJUST-MENT 95008/CONDITIONAL USE PERMIT 95010/TENTATIVE TRACT MAP 95006 - Consider certification of Final Environmental Impact Report (EIR) and approval for the applications associated with Atascadero Factory Outlet Phase Il and Tract 2215 A. Environmental Impact Report - Certify as adequate under CEQA (Planning Commission/Staff recommendation: Approve) B. Resolution No. 70-96 - Approving an amendment to the land use map by including certain real property at 2055-2375 El Camino Real/5505 Del Rio Rd. within the USL and changing the land use designation from Neighborhood Commercial and Suburban Residential to Commercial Park and Low Density Multiple-Family Residential (GPA 95008 - Investec) (Planning Commission/Staff recommendation Adopt) CC 9/10/96 Page 8 Commercial Park and Low Density Multiple-Family Residential (GPA 95008 - Investec) (Planning Commission/Staff recommendation: Adopt) C. Ordinance No. 309 - Amending the official City Zoning Map by rezoning certain real property at 2005-2375 EI Camino Real/5505 Del Rio Rd. from CN and RS to CPK and RMF-10 (PD7) (ZC 95013 - Investec) (Planning Commission/Staff recommendation: Motion to waive reading in full and introduce on first reading by title only) D. Lot Line Adjustment 95008 - Approve based on Findings and Conditions of Approval as contained in Attach. G of Planning Commission staff report of 8/20/96 (Planning Commission/Staff recommendation: Approve) E. Conditional Use Permit 95010 - Approve based on Findings (Attach. L) and Revised Conditions (Attach. M) of Approval as contained in Planning Commission staff report of 8/20/96 (Planning Commission/Staff recommendation: Approve) F. Tentative Tract Map 95006 Approve based on Findings (Attach. U) and Revised Conditions (Attach. V) of Approval as contained in Planning Commission staff report of 8/20/96 (Planning Commission recommendation: Deny Staff recommendation: Approve) Councilmember Bewley stepped down from this item due to a potential conflict of interest. Doug Davidson provided the staff report and recommendations. He pointed out that the applicant has withdrawn plans for a 30-lot subdivision and is presenting a revised 24-lot plan (Condition #47, he noted, would be modified to reflect this change). Council questions followed. Public Comments: Charles Eckberg, Vice President of Investec, spoke in support of the project and addressed some of the questions raised by members of the City Council and the neighbors. He emphasized that the residential project makes the commercial project viable. Andrew Miriam, Canon Associates, focused on the amended design with reduced number of units, increased setbacks and open space. He outlined traffic and circulation issues. The architects used slides to demonstrate the design of both • the commercial and residential projects. CC 9/10/96 Page 9 I i i Terry O'Farrell, 4840 Del Rio Road, commented that although he was in favor of • Phase II of the Outlet Center, he was concerned about the residential aspect of the project primarily because twenty-four homes are too many. He recommended that half-acre home sites would be more appropriate. As an attorney, he is concerned about the liability this subdivision, if constructed, might create because of poor sight distance. Arden Warner, 4990 Del Rio Road, noted that he was pleased to see the forty-foot easement, but would object to a block wall. He hopes that some fencing and landscaping will be used to provide the necessary buffer between the commercial project and the adjacent residential areas. Marj Mackey, 5504 Tunitas Avenue, commented that she was not in favor of planned unit development overlay zones on small lots and remarked that she doesn't believe one year is enough to bond for the street light because all the lots may not yet been sold by the end of that time. Nadine Oleszczuk, 2405 Rio Rita, proclaimed that the rural setting ceased to be when the outlets were constructed, hopes that there will be a wooden, rather than concrete wall, and shared concern about increased traffic. Renee Robinson, 4767 Del Rio Road, reported that she and her husband Steve are • opposed to project because of the number of homes proposed and the impact the development will have upon traffic and schools. Gerard Oleszczuk, 2405 Santa Rita Road, read a prepared statement in opposition to the residential project (see Exhibit D). William Zimmerman, 6625 Lomitas, observed that one acre lots would be more appropriate. John McNeil, 8765 Sierra Vista, President of the Atascadero Homeowners Association, read a prepared statement recommending that the residential portion of the project not be approved until impacts are mitigated (see Exhibit E). Rush Kolemaine, 4580 Potrero, voiced opposition to the project because of the number of homes proposed and related traffic concerns. Bonita Borgeson, 4780 Del Rio Road, opposes the residential project because of the sewer impacts. She also noted that she objects to the procedural process and observed that the residential portion of the project has come to the City Council without an appeal. The City Attorney commented that tentative maps are, in fact. normally approved by the Council. Staff believed it was best to have the Council review the whole project at one time and added that there is no specific law that • disallows approval by this method. Mrs. Borgeson pointed out that the Planning CC 9/10/96 Page 10 I t t Commission had not approved the residential part of the project and stated that the developer is not being asked to contribute toward the added cost of police and fire services, sidewalks and other safety measures. Donald Jones, 4585 Viscano, thanked the developer for responding to comments and concerns of the neighbors but emphasized that the public has not seen the amended plan. He argued that it would be wise to sever the two projects and delay action on the residential project until all issues can be satisfactorily addressed. Clifford Smith, 3420 Cia Road, voiced concern that there are significant cumulative impacts from the residential project that are not adequately addressed in the environmental impact report and urged rejection of the residential subdivision. Shirley Werner, Del Rio Road resident, commented that she would prefer to see larger lots and hopes that the project will bring some kind of plan for improvements to the road like shoulders and bike/walking paths. Micki Ready, Executive Manager of the Atascadero Chamber of Commerce, reported that last month the Chamber had sent out 60 relocation packets and, today only, had received six telephone calls from interested folks who wish to re- locate to Atascadero. She explained that the City is a desirable community, but emphasized that people need homes to live in. Ms. Ready spoke in favor of the • project and observed that the developers (Investec) have worked with the community, stayed in contact with the Chamber and done all they can do to make the project work. She suggested that traffic concerns be referred to the City's Traffic Committee and recommended that if the project can be phased in, it might be more acceptable to the neighbors. Robert Shannon, 4835 Del Rio Road, speaking for himself and his neighbors, the Peters, said that they would prefer a block wall along Rio Rita as buffer for sound and emphasized that wood fencing will not last. Jerry Clay, 7285 Sycamore Road, shared concern about safe travel during the construction from Phase 1 to Phase It of the outlets. Marlene Shannon, 4835 Del Rio, objected to the density proposed and argued that single-story homes would be preferable. Charlie Eckberg addressed some of the concerns articulated by the neighbors. He pointed out that no street lights are proposed for the residential subdivision and explained that the project will be built in phases. ---end of public testimony--- CC 9/10/96 Page 11 Consultant David Foote and Assistant City Engineer John Neil responded Council questions regarding traffic and sight distance. There was agreenint that • traffic impacts should be reviewed by the Traffic Committee. Additional questions to staff followed. Doug Davidson reported that the Oby would require a maintenance agreement for drainage improvements, but noted tw no Conditions, Covenants and Restrictions (CCRs) are proposed, although itwould he appropriate to add them as a condition of approval if Council so desires. cil member Carden argued against CCRs exclaiming that proper maintenanceduld be the responsibility of the property owner. Councilmember Carden asked the developer if the commercial project wo :'be built all at once or in phases. Charlie Eckberg replied that the constructionii tenant driven and will mostly likely be built in phases. Councilmember Johnson asked Mr. Eckberg if Investec would exercise opiins an residential project before moving on the commercial project. The developer clarified that the residential project would not be constructed before the commercial project and reiterated that the two projects together are whatke both viable. MOTION: By Councilmember Carden, seconded by Councilmembeet Johnson to certify the final environmental impact report as an adeqmto document under the provisions of CEOA; motion passed 4:0. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Resolution No. 70-96; motion passed 3:1 (Luria opposed). MOTION: By Councilmember Carden, seconded by Councilmeml Johnson to waive the reading in full and introduce Ordinance No. _on first reading by title only; motion carried 3:1 (Luna opposed). MOTION: By Councilmember Carden, seconded by Councilmembw Johnson to approve the lot line adjustment, motion passed 4:0 by kcaff vo te. . MOTION: By Councilmember Carden, seconded by Councilmem bw Johnson to approve Conditional Use Permit 95010 based on the firAh,gs for approval contained in Attachment L; motion passed 4:0 by roll call;. MOTION: By Councilmember Carden, seconded by Councilmernler Johnson to approve Tentative Tract Map 95006, as modified to revict 24 lots and by including a 40 foot setback); motion passed 31 (Lunaosed). • Councilmember Bewley returned to the dias. CC 9/10/96 Page 12 M f i 3. REQUEST FOR SEWER HOOK-UP OUTSIDE THE URBAN SERVICWLI111E, 8005 SAN GABRIEL RD. - Conditional Use Permit 96008 is being cantly • reviewed for a church at this location A. Resolution No. 83-96 - Permitting a sewer connection for erty, outside the USL, located at 8005 San Gabriel Rd., contingon approval of CUP 96008 (Staff recommendation: Adopt, if CUP 96008 is approves# Steve DeCamp stepped down to a potential conflict of interest. Doug Dwidson provided the staff report and recommendation to approve. He clarifiedliat if the. conditional use permit is not approved, the resolution will not take affest There were no questions from the Council or public. MOTION: By Councilmember Johnson, seconded by Councilner Carden to adopt Resolution No. 83-96, motion passed 5:0 by ro#=W vote. C. REGULAR BUSINESS: 1. ORDINANCE NO. 314 - Amending Chapter 3, Title 4 of the Atasmdfaro Municipal Code as it relates to the Traffic Committee (Staff recommendation: Motion to waive reading in full and inti Q17, first reading by title only) The City Clerk provided the brief staff report and recommendation to adipL MOTION: By Councilmember Luna, seconded by Councilmerribw Johnson • to waive the reading in full and introduce by title only Ordinance-ft, 314 an first reading by title only; motion carried 5:0 by roll call vote. 2. ORDINANCE NO. 308 - Amending the official Zoning Ordinance-SKt Ito adds. "Indoor Recreation Services" as an allowable use in the Public zef tcant'd: from 8/27/96) (Planning Commission recommendation: Waive reading in full anfadopt 017 second reading by title only) Councilmember Bewley stepped down due to potential conflict of interim Steven DeCamp provided the staff report. There was no public comment. MOTION: By Councilmember Luna, seconded by Councilmembr.>Carden to adopt on second reading; motion passed 4:0 by roll-call vote. 3. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE (Staff recommendation: Select Council Member Delegate) The City Council appointed Councilmember Johnson as the voting de/4pte. D. . COMMITTEE REPORTS (The following represent standing commillh9w. Informative status reports were given, as follows.): • CC 9/10/96 Page 13 D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority: Long- Range Transit Plan -- Councilman Carden requests direction The City Manager suggested that the balance of the meeting's agenda be continued until 5:00 p.m. the following day. Councilmember Carden's report on SLO Council of Governments was continued to that time by mutual agreement. 2. Air Pollution Control District - Mayor Highland reported that the APCD would meet the following morning. 3. Integrated Waste Management Authority - Councilmember Luna reported that the waste management issue surrounding the City of EI Paso de Robles had been resolved and noted that the IWMA had received a'check from that city for $135,000. At 1:46 a.m., the meeting was adjourned to a continued meeting to commence at 5:00 p.m. on September 11, 1996, prior to the previously noticed Closed Session. MINUTES CORDED/AND PREPARED BY: j LEE MCC C.M.0 CITY CLERK Attachments: Muller (Exhibit A) Kolemaine (Exhibit B) Luna (Exhibit C) Oleszczuk (Exhibit D) Atascadero Homeowners Assn. (Exhibit E) CC 9/10/96 Page 14 CC 9/10/96 EXHIBIT A ANDRIE, A rRpeKAffl9at^L Lwwr CORPO*wt K>N MORRIS B R:L L LSA.L [2r=R.ANDRE(Ka—d) t rn "kb L.NUTTKRY CM.413 R LAN kN j Ti'IM MIEfOkI.A e r TM "WMSEAT ' - 3CO Fr.WALL, K,Al11RTS M.YLTKitelI l MICUELE A.-TAt*WVCK KEYM D-hoM*P, septemk7cr 1.V19>rairk Miro Mal bTCtt tc ihta—X ftatt I,�in C7ltiaw f�=�=43906-m90 1 Council Members Fax Win`awe aw 50-4m City of Atamadero _ - . 1500 Fauna Avenue Atascadero, California 93422 Re, Andrew Takata Letter of September 5, 1996 To Whom It May Concern: This office represents Wendy and Teti Muller. As you know, in tate past Wendy ,Muller has expressed her views to the Council on certain matters and presented petitions on behalf of many of Atascadero's citizens. More specifically, less than forty-eight hours after she exercised her constitutional rights of free speech and expression by addressing your body, the City Attorney • was asking to review ten (10) year old business license records far her husband's plastering business. in addition, the City Manager and City Attorney were reviewing the CC&R's for Mr. and Mrs. Muller's property- These actions are too coincidental to be anything other than what is apparent—an effort to -chill" Mrs. Muller's exercise of her right to free speech. White Mr, l'akata's letter contains a not-so-veiled threat about slander, I have confirmed Wish Mz.s. Muller's sources that the comments made in her letter of August 22nd arc substantially accurate. in short, the City Attorney and,the City r did conduct a complete review of the Mullers' business license records and CC&R's immediately following the August 13 Council meeting. Indeed, a close reading of Mr. Takata's letter rCvcals il= fullowing. 1. He does not deny looking at records from Mr. Muller's business license file, even if he'did not loots at the file itself; 2. lie does not deny looking at CC&R ==is of the Muffler's home; and F:te18'11M1MUILWflW1LTRICCVNCtR 1 . J ANDRE. a MeoP.zBroNn6 c4RroRwTio►v �MUliliib d BUTTERY t::niincil M=bCX3 Ataacadem City C:nuncil September 10, 1996 Page 2 3. He dura nut deny discussing the information contained in these files with Mr. Mentandnn. My clients will not be intimidated by this conduct, and they will continue to express their opinions, even if these opinions are not shared by Messrs. Montandon and Takata. More importantly, the City should seriously consider whether these city employees and the tactics they employ are assets or liabilities to the City of A*.ascadero. very mly yours, • James C. Sumcry JCD cc; Andrew Takata Arthur Menrzndnn Wt-wdy and Ted Muller r.renruewireew�covdr�� i CC 9/10/96 EXHIBIT B R. S. Kolemaine / P.O. Box 1990/Atascadero/CA 93423-1990/elfenix 0 aol.com/Phone/FAX: (805)466-8200 ATASCADERO CITY COUNCIL 10 September 1996ts RE: Consent Calendar Items#A-3 & 4A-4 Gentlemen: _,......^. With regard to the above two items, please note the following: ---- `� Item A-3, while probably worthy of passage by the Council nevertheless fails to answer public questions and concerns as posted in the Council Agenda for this date. Simple arithmetic indicates this lease agreement could cost the City either$9,706.88 or$56,573.00 over the five year life span of the agreement, depending upon how actual costs are calculated. The difference between the two amounts depends upon whether one multiplies the $944.55 monthly lease payment by 60 months($56,673.00) or adds the total monthly charges for all photocopy machines for the period($9,706.88). The difference amounts to$46,966.12, a not inconsiderable difference in costs to the City. Either amount deserves proper public notification to the public within the Council Agenda, and either should be subject to closer Council scrutiny than is offered within the staff recommendations. In addition to the above, a closer examination of the lease indicates that three FP 7160 machines, intended to produce 1,050,000 black&white copies over five years at a cost of$ 8,925.00 machines, intended to produce only 37,992 color copies at a • ( .0085/copy)plus paper, and two FP 7117 mac p Y cost of$ 531.88 (.014/copy)plus paper are involved. In view of the ERTF recommendations to the City to drastically cut costs before seeking any new revenue sources the questions immediately raised are these: (L) Which, exactly, is the amount to be paid by the City from taxpayer funds over the next 5 years ? (2) How does this compare to the current or previous contract ? (3) How does City staff justify the use of the two FP 7117 color capable machines rather than continuing with lower cost B&W for memoranda and documents as in the past? (4) Assuming a pressing and justifiable need for separate copy machines located at the Police and Fire departments,how or why is it necessary that the Fire Dept. (only)be provided with a color capable machine with the concomitant additional costs (almost twice as much B&W copies)these require ? The council is reminded that necessary savings in City costs begin with reducing costs by a penny, a nickel, a dime and a dollar at a time... across the board, in ALL expense areas: evidence of which is definitely not visible in this lease proposed by City staff. (continued) CC 9/10/96 EXHIBIT C Axioms for the budget process 01. The purpose of any restructuring is to have a more efficient organization and not to purge the organization of employees who give their best professional opinion even though that opinion is not consistent with the views of management or the Council. 2. After the 1992 restructuring all employees are doing a satisfactory job. If they are not it is management's job to monitor the performance of employees and if that performance is unsatisfactory to document it and to dismiss them. It is not the job of the Council to get rid of these employees via restructuring! 3. Budgets must be balanced by State Law. They have been balanced. The problem is how to reestablish the reserves of the City while paying back the money borrowed to build the Police Station, Pavilion; etc. 4. One should always look for savings, but the last place to look is on the backs of long-time loyal employees. 5. Consider the following simple analysis that has not been considered: Total salaries if all positions are filled 4,9721157 Audited 94-95 salaries and benefit 5,296,409 difference 3247252 Audited 94-95 supplies and services 11673,584 10% savings in each department 167,358 No layoffs, but savings of 491 ,610 Total in (some) vacant positions Police 571305 Comm dev dir 78,664 Finance dir 65,586 Finance Tech 39,437 Admin Secty 31 ,999 BatChf/Fire Mar 64,085 3371075 What to do: Zero based budgeting; start from scratch and havq department heads justify the items in their budget to the Finance Committee Discuss savings options with the bargaining units No layoffs For the moment leave vacant positions unfilled (except Finance Director; we need good numbers►) Cross training/team building instead of divide- and conquer Raise developer fees. These are the only fees not raised in 1992. Stop subsidizing developers Raise the fees on city facilities Rewrite the funding formula for the COPs so that the General Fund is not held responsible. CC 9/10/96 EXHIBIT D . Mr. and Mrs Gerard J. Oleszczuk 2405 Rio Rita Atascadero, CA. 93422 : c 7 City of Atascadero City Counsel Li ! SEP 1 01^x" 6500 Palma Atascadero, CA. 93422 Sept 10, 1996 Subject: Conversion of 8.99 acres to Residential Multi-Family When we,the owners of Rio Rita, bought our homes, certain zoning restrictions were in place which we relied on to maintain the rural atmosphere in this area. Now, the zoning is being changed to accomodate these developers. I feel that this project will devalue our properties (along Rio Rita)by creating an urban setting with the stores, traffic, lights, people, and homes, and the elimination of the view we now have. the daytime noise and evening lights have already increased dramatically since the construction of the Outlet phase 1, and it will surely get worse. Here are some of my reasons; • The plans limit the lightpoles to 30 feet in height this buts them at eye level on Rio Rita. My wife suffers from asthma and the dust created during constrtuction will wreak havoc on her. I do not believe that an occasional sprinkling of water(as mentioned in the E.I.R.)will take care of this problem. Rio Rita is private property and we, the property owners, are responsible for what happens on it We havealready had to deal with construction companies using it to access adjoining parcels to build homes. I believe this project presents us with a serious liability concern, both during construction, as well as afterwards when families (with children)occupy these homes. I ask you to reduce the impact this project will have on us by requiring the developers to build a block wall (as found along the housing project in Templeton on hwy.101)to seperate this project from the adjoining properties. I ask that it be a block wall because it won't require any maintenance, since no one will be required to maintain a fence,and only a solid wall will block the lights,noise and dust I ask that this wall be built prior to the start of construction of the outlet phase 2 to help mitigate the noise and dust problems during construction. • The planning commission was concerned that a block wall was not in keeping with the rural atmosphere of Atascadero. I dont understand how someone can discuss a project like this, and say that the BLOCK WALL would destroy the rural setting. Others might discuss the pros and cons of this request, but it is MY property being directly affected by this project Please, grant us this request Gerard and Nadine Oleszczuk CC 9/10/96 EXHIBIT E ATASCADERD HOMEOWNERS ASSOCIATION P.O.BOX 322,ATASCADERO;C?.93423 } Sept . 10, 1 C,',, F'- {, `- Honorable City Council of AtascaderoEf� Citv hall SCS 1 o Atascadero, Cri 93422 `' i P ,77 Gentlemen: At his request , the Atascadero ?iomeowners Association Board of Directors met with P,1r. Charles Ekberg and his assistants to dis- cuss the proposed Factor , Outlet commercial expansion and the proposed single family development adjacent to it . The Atascadero :omeowners Association is concerned that the resi- dential ortion will be built while the commercial part may not materialize . Therefore , concerns about timing of the commercial part and about the residential proposal are contained in the fol- lowing recommendations which were approved by the Board 9/9/96: The Atascadero -�-lomeowners Association supports the Factory Outlet commercial expansion if Phase I is completed before the construc- tion of homes is begun, or if the developer negotiates a comple- tion bond for the comyercial part . The Atascadero homeowners Association has great concerns regarding the residential part of the project , such as : 1 . Since the project proposes to build single family homes, it should request single family zoning, not multifamily. 2 . AA is concerned about traffic impacts and pedestrian safety on Del Rio Road. 3. Finally, AiA is deeply concerned about sewer expansion for o residential develon_ ment when our sewer is already over- committed. The Atascadero Homeowners Association Board recommends that the residential portion of the project not be approved until these impacts are addressed and mitigated. Sincerely, John W. McNeil • President Agenda Item: A-2 Meeting Date: 10/22/96 ATASCADERO CITY COUNCIL CONTINUED MEETING SEPTEMBER 11, 1996 MINUTES The Mayor called the meeting to order at 5:05 p.m. All members of the City Council were present. PURPOSE OF THE MEETING: To discuss the following continued item from the meeting of Tuesday, September 10, 1996: D. COMMITTEE REPORTS 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority: Long- Range Transit Plan -- Councilman Carden requests direction Councilmember Carden reported that he desired the full Council's Input on the Long-Range Transit Plan before the matter will be voted upon by the Council of Governments (COG). He commented that he believes the plan will unsurp the City's authority to make land use decisions and hopes that he will"?have the support of the Council to vote in opposition. Councilmember Luna agreed that the regional plan infringes upon local agency authority. The Council mutually agreed to direct Councilmember Carden, the City's representative to the COG, to vote in opposition to the Long-Range Transit Plan. At 5:10 p.m., the Council adjourned to Closed Session for the purpose of discussing: 1 . PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 2. PUBLIC E EE DISCIPLINE/DISMISSAL/RELEASE MI T R O D` PREPARED BY: i LEE MCE, C.M.0 CITY CLERK CC 9/10/96 Page 1 Agenda Item: A-3 Meeting Date: 10/22/96 ATASCADERO CITY COUNCIL SEPTEMBER 24, 1996 MINUTES 6:30 P.M. - CLOSED SESSION: The City Council met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION 1. Name of Case: Thompson, etc., et al v. City of Atascadgro 2. Name of Case: Atascadero, et al v. Merrill Lynch CONFERENCE WITH LABOR NEGOTIATOR: Agency Negotiator: City Manager Employee Organizations: Management; Mid-Management/Professional; Fire Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees; City Attorney Closed Session was adjourned at 6.55 p.m. Direction was given on Item #1; Item #2 was continued to the end of Regular Session. 7:00 P.M. REGULAR SESSION: The Mayor called the meeting to order at 7:00 p.m. Councilperson Johnson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City Attorney; Steve DeCamp, City Planner/Acting Community Development Director; Doug Davidson; Senior Planner; Lt. Bill Watton, Acting Police Chief; John Neil, Assistant City Engineer and Peter Rodgers from the San Luis Obispo • Council of Governments CC 9/24/96 Page 1 COUNCIL COMMENTS: Councilmember Johnson requested that the rules of public participation be followed and discouraged personal attacks. Councilmember Carden concurred. COMMUNITY FORUM: Rush Kolemaine, 4850 Potrero Road, asserted that proper notice was not given to business owners along El Camino Real and Traffic Way about the recent City sponsored workshop regarding the proposed bikelane projects. Leo Korba, 10905 Santa Ana Road, announced that the Former Grand Jurors Association will meet on October 26" regarding the site for the North County Campus of Cuesta College. Darlene Clark, 4620 Viscano Avenue, shared concerns regarding the condition of her street. Eric Greening, 7365 Valle, urged participation at meetings of the Salinas Dam Mitigation Committee and announced that they would meet next on the 28' of October. Bob Nimmo, 7375 Bella Vista, expressed confidence in the Council and the City Manager. He voiced disappointment with those who have rushed to pass judgment regarding the issues surrounding the suspension of the Police Chief. Doug Lewis, Tunitas Avenue resident, desires all public information be made available in Room 103 of City Hall (information Office) and explained that he would like that office permanently staffed. Mary Walsh, 9603 Santa Lucia, asked for clarification about issues involving the Carlton Hotel. The Deputy City Attorney responded to some of her concerns. Mike Inns of Atascadero voiced frustration about the public not knowing all the details surrounding the Police Chief's suspension. Terrill Graham, 6206 Conejo Road, voiced concern about the amount of money the City pays the Chamber of Commerce annually, suggested that it was inappropriate for the Chamber Manager to lobby business owners about proposed bikelanes and remarked that he thinks two city attorneys are one too many. Micki Ready, Executive Manager of the Chamber of Commerce, summarized the Chamber's mission. She explained that the business community is very much aware of the proposed bikelane projects and argued that she does not "lobby" her membership, but clarified her responsibilities. She also noted that the City Manager has an open door, policy and that she was able to address concerns that some of the members of the Chamber had about the Carlton Hotel. She suggested that others who have similar questions simply go to see him. Kirk Pierson, 5405 Olmeda Avenue, said he was glad to have business CC 9/24/96 Page representation on the Chamber and encouraged the City Council to get lots of . input on the proposed bikelanes. Mary Walsh, speaking once more, asked more questions about the Carlton Hotel and suggested that the City cut back to the basics of police, fire and streets. Ms. Walsh requested that City staff provide her with copies of any formal notice regarding the bikelane projects. Rush Kolemaine reiterated earlier comments. Maria Whitten, 8969 San Gabriel Road, encouraged the Council to reinstate the Police Chief. ---end of public testimony--- A. CONSENT CALENDAR: 1. ACCEPTANCE OF FINAL TRACT MAP 96001, 4700 TRAFFIC WAY - Consideration of map and accompanying Reimbursement Agreement for the subdivision of the site into nineteen (19) residential lots ranging in size from 4,183 to 10,694 sq. ft. (Gearhart/Cannon Associates) (Staff recommendation: Accept mapfApprove Reimbursement Agreement) Councilmember Luna pulled this matter to comment that he believes the map is inconsistent with the Housing Element of the General Plan and that the map . presented is not what was reviewed. He added that he is opposed to the reimbursement agreement and disapproves of the City's participation. Public Comments: Joan O'Keefe, 9985 Old Morro Road East, remarked that the public did not receive adequate time to review the reimbursement agreement and asked the Council to continue the matter for another week. Ray Jansen, 6655 Country Club Drive, stated that if there has been a change from what was previously reviewed, it would be wise to give the matter additional consideration. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Johnson to adopt Resolution No. 89-96; motion passed 32 (Luna and Highland opposed). 2. APPROVAL OF APPLICATION FOR CARD PARLOR PER CITY CODE 3-5.403 (Staff recommendation: Approve) Councilmember Bewley stepped down due to a potential conflict of interest. Councilmember Luna voiced opposition to this business license because the card • parlor is proposed for a family-oriented entertainment center. He asked the Police CC 9/24/96 Page 3 Chief if alcohol would be served. Lt. Watton, Acting Police Chief, indicated that alcohol would not be served, but pointed out that the bowling alley and pool room have liquor licenses. Councilmember Johnson asked how often the Police Department receives calls for service in the center. Lt. Watton indicated that the department is not significantly impacted. Public Comments: Terrill Graham pointed out that cards have been played in Atascadero for years without any problems. Michael Schreiber, applicant, spoke in support and responded to questions from the Council. He noted that gambling does occur and emphasized that the game is considered one of skill by the State of California. He explained that his business must be licensed by the State and assured the Council that he will comply with all State regulations. Wayne Estelle, 5305 Cascabel Avenue, commented that he has no objection to card playing or gambling. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve the business license application; motion passed 3.1 (Luna opposed). B. PUBLIC HEARINGS: 1. APPEAL OF PLANNING COMMISSION CONDITIONS FOR TENTATIVE TRACT MAP 96009 & ZONE CHANGE 96009, 10780 EL CAMINO REAL - Subject application is to subdivide a 3.61 acre parcel into 24 lots for single- family residential development using a planned development overlay (Planning Commission/Staff recommendation: Deny appeal) A. ORDINANCE NO. 312 - Amending Map 23 of the official zoning maps, rezoning certain real property at 10780 EI Camino Real from RMF/16 to RMF/16 (PD7) (ZC 96009: Shannon/Shores/Sholders) (Staff recommendation: Waive reading in full and introduce on first reading by title only) Councilmember Bewley stepped down due a potential conflict of interest. Doug Davidson provided the staff report and recommended that the City Council deny the appeal. Public Comments: Richard Shannon, co-applicant/appellant, presented building footprint calculations (see Exhibit A) and spoke to the benefits of the project. He summarized his appeal of Conditions #17, 29, 30 and 31, as outlined in his formal letter of appeal. In addition, Mr. Shannon explained that he would also like to see Condition #32 waived. The Deputy City Attorney advised that Mr. Shannon's appeal of CC 9/24/96 Page 4 Condition #32 is not mentioned in his letter of appeal and cannot, therefore, be addressed by the Council at this hearing. Leo Korba suggested that the City Council follow the staff and the Planning Commission recommendation to deny. Joan O'Keefe asserted that the Council had broken the law a few weeks ago when it had approved the project at 4700 Traffic Way (Gearhart) and argued that this appeal clearly benefits the developers. She explained that she very much opposes building footprints smaller than 35%, as is required by the municipal code, and urged denial. Sid Bowen, 5550 Cascabel and member of the Planning Commission, objected to taking exception to building standards and argued that if the City cannot adhere to them, they should be changed. He shared concern for the safety of children who will not have adequate open spaces to play in and spoke in favor of a lower density than what is proposed. Donald Jones, 4580 Viscano, shared similar concerns as those previously spoken and urged the Council to deny the appeal. Eric Greening also agreed with previous speakers and recommended that anytime the City investigates a site, that it be traveled to on foot. He commented that it is inappropriate for the applicant to bargain with the City and urged denial of the appeal. • Ray Jansen spoke in support of the staff recommendation to deity and remarked that he would have liked to see some type of community center in the developer. ---end of public testimony--- Council comments followed. Mayor Highland commented in support of maintaining the 35% maximum coverage and noted that only 12 of the 23 homes are above that percentage. He also spoke in favor of retaining the adopted street width standards and common space requirement. Councilmember Johnson commented that he has trouble with the requirements for open space and homeowners association, but added that he could accept a forty foot road width. MOTION: By Councilmember Luna, seconded by Mayor Highland to deny the appeal of all four conditions; motion failed 1:3 (Luna in favor; Carden, Johnson and Highland opposed). MOTION: By Councilmember Carden, seconded by Councilmember Johnson to grant the appeal of Condition #17; motion tied 2:2 (Johnson and Carden in favor; Luna and Highland opposed). Appeal of condition denied due to no action. MOTION: By Councilmember Carden, seconded by Councilmember iJohnson to grant the appeal of Condition #31 ; motion passed 3:1 (Luna CC 9/24/95 Page 5 opposed). MOTION: By Councilmember Carden, seconded by Councilmember Johnson to grant the appeal of Condition #30; motion tied 2:2 (Johnson and Carden in favor; Luna and Highland opposed). Appeal of condition denied due to no action. MOTION: By Councilmember Carden, seconded by Mayor Highland to grant the appeal of Condition #29; motion failed 1:3 (Carden in favor; Johnson, Luna and Highland opposed). Appeal of condition denied. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to waive the reading in full and introduce Ordinance No. 312 by title only; motion passed 3:1 (Luna opposed). The Mayor called a recess at 9:08 p.m. At 9:23 p.m., the meeting resumed. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Tentative Tract Map 96009 based on the Conditions of Approval, as amended; motion passed 3.1 (Luna opposed). Councilmember Bewley returned the dias. 2. CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) PROGRAM - Public hearing in accordance with AB3229 and consider establishment of a Supplemental Law Enforcement Services Fund account with the Police Services Budget (Staff recommendation: Approve establishment of SLESF account) Lt. Watton, Acting Police Chief, provided the staff report and recommendation to approve. He responded to questions from the Council and emphasized that the $60,000 grant could be used for equipment, but not for personnel. He explained that he would bring back to Council for review recommendations for specific purchases following the adoption of the fiscal year's budget. MOTION: By Councilmember Johnson, seconded by Councilmember Johnson to establish a supplemental law enforcement services fund in the police services budget; motion passed 5.0. 3. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005, 2600 EL CAMINO REAL Consideration of concurrent amendments to the City's General Plan and Zoning Ordinance maps to change the land use designation of the site from "Industrial Park" to "Commercial Park" and the zoning district from "Industrial Park (IP)" to "Commercial Park (CPK)" (Johns/Churchill) A. Resolution No. 78-96 - Amending the Industrial Park land use description and the land use map designation from Industrial Park to Commercial Park at 2600 El Camino Real (Planning Commission recommendation; Adopt) CC-/24/96 Page 6 B.- Ordinance No. 313 - Amending the Zoning Ordinance Text by the addition of a (CPK) zoning district and amending Mop 11 of the official zoning maps by rezoning certain real property located at 2600 EI Camino Real from (IP) Industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Planning Commission recommendation: Motion to waive reading in full and introduce on first reading, by title only) Councilmember Bewley stepped down due to a potential conflict of interest. Steve Decamp provided the staff report noting that there is no specific project at this time. He explained that this item affords the Council an opportunity to determine what it wants to see at this location in the future. Questions and comments from the Council followed. Councilmember Johnson voiced a concern that the language in the development standards does not reflect the kind of flexibility he would like to see. Public Comments: Richard Shannon, marketing agent, provided land use zoning history and suggested that when the City initiates a zone change it should notify the property owners. Allan Yarborough, Atascadero Ford, reported that he is the potential buyer for the subject project and objects to proposed development standards;that require a landscaped berm and freeway screening. Micki Ready, Chamber of Commerce, commented that the condition referred to by Mr. Yarborough would create a deterrent to business. She suggested that the language be dropped, or changed, to allow greater flexibility for certain businesses that rely on freeway visibility. Steve Decamp clarified that if there is an allowable use with no development standards (like that of vehicle storage), it would require no further review and suggested that the Council may want more control over what is visible from the freeway. He also emphasized that "parking" areas are not "display" area and suggested that the development standard language be modifiedthrough the conditional use permit process. Councilmember Johnson suggested that the intent of the development standard be more clearly worded. Steve DeCamp recommended that if the Council desires to modify the language that it be remanded back to staff. Roy Hanley noted that he had some specific suggestions for changes that will solve all the concerns. Councilmember Luna commented that he would prefer to see language modified by conditional use permit, however, Councilmember Carden argued that the City Council already reviews numerous appeals and would support revise the ordinance at this rather than have it circumvented later. Steve DeCamp proposed that development standards be added to only the list of allowable uses and recommended that development standards for conditionally allowed uses could be applied during the development review process. . Councilmember Luna suggested that staff, the applicant, potential buyer and CC 9/24/96 Page 7 Chamber representative meet with the Deputy City Attorney and bring proposed revisions to the ordinance language back in two weeks. By mutual agreement, the . matter was continued and staff was given direction, as recommended. C. REGULAR BUSINESS: 1, RESOLUTION NO. 84-96 - Expressing support for the formation of a service authority for freeway emergencies (SAFE) (S.L.0. Council of Governments (COG) recommendation: Adopt) Peter Rodgers, San Luis Obispo Council of Governments, provided a summary of the Call Box Program and summarized the key benefits. He explained that in order to proceed, a majority of the cities in the county must approve the formation of a call box authority. In addition, the County Board of Supervisors will be asked to approve the program. Council questions followed regarding fees, staffing, the call box authority and how the money will be used. Mr. Rodgers explained that the program will be fully audited and that there will be no new employees, committees and/or meetings. He reported that the fees collected will be used for capital and on-going expenditures and explained that no sunset date is being proposed. Atascadero will have input on the location of the call boxes via the City's representative on the COG, he concluded. Mayor Highland pointed out that this is the second dollar increase in the past two years and voiced disapproval. He asserted that the COG is the fastest growing bureaucracy in the county. Public Comments: Ray Jansen proclaimed that the State should have already made available to the public call boxes and verbally protestes the State's confiscation of certain taxes intended for driver education programs. Dwight Goggins, local California Highway Patrol Commander, spoke in support of the program because it saves patrol costs, emergency response times and often lives. Reggie Chambers, county resident, also supports the call box program and encouraged approval. ---end of public testimony--- MOTION: By Councilmember Luna, seconded by Councilmember Johnson to adopt Resolution No. 84-96; motion failed 2:3 (Luna and Johnson in favor, Carden, Bewley and Highland opposed). 2. ORDINANCE NO. 309 - Amending the official city zoning map by rezoning certain real property at 2005-2375 EI Camino Real/5505 Del Rio from CN (Commercial Neighborhood) and RS (Residential Suburban) to CPK (Commercial Park) and RMF-10 (PD7) Low Density Multiple Family CC g/24/e8 Page 8 Residential, Planned Development Overlay No. 7 (Zone Change 95013; Investec) (Staff recommendation: Waive reading in full and adopt on second reading by title only) Councilmember Bewley stepped down due to a potential conflict of interest. Steve DeCamp provided the brief staff report and recommendation to adopt. Public Comments: Donald Jones contended that the City Council has taken action to approve false documents. He argued that staff has changed the plans, ignored architectural input and misrepresented the project. ---end of public testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve and adopt Ordinance No. 309 on second reading by title only; motion passed 3.1 (Luna opposed). Councilmember Bewley rejoined the council. 3. ORDINANCE NO. 314 - Amending Chap. 3 of Title 4 of the Atascadero Municipal Code as it relates to the Traffic Committee (Staff recommendation: Waive reading in full and adopt on second reading b y title only) MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Ordinance No. 314 on second reading by title only; motion passod unanimously by roll call vote. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were be given, as follows.): 1. County Water Advisory Board/Naci miento Water Purveyors Advisory Group - Mayor Highland reported that the committees will meet on October 2, 1996. 2. Economic Round Table - Councilmember Johnson reported that the County Economic Vitality Commission has a new, full-time permanent director. 3. Finance Committee - Councilmember Luna reported that the committee has been meeting daily for the past week regarding the 1996/97 budget and plans to have the document before the Council on the 8" of October. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Carden requested a status report on the Safe Routes to School program. Steve DeCamp reported that the Traffic Committee will be meeting with . local PTSAs now that school is back in session. He added that Council did CC 9/24/96 Page 9 i authorize some funds expended for the purpose of installing some signs, in cooperation with the school district. Andy Takata mentioned that the two proposed bikelane projects will also provide safe pathways for school children. Is Councilmember Johnson asked the City Attorney to look into the allegations proposed by Donald Jones (see page 10). 2. City Manager Andy Takata commended the Acting Police Chief for police presence at recent youth/violence activities in the Sunken Gardens. At 10.SC p.m., the City Council adjourned the regular meeting to a continued Closed Session. Said Closed Session adjourned at approximately 11:10 p.m. THE CITY COUNCIL WILL MEET NEXT ON TUESDAY, OCTOBER 8, 1996 AT 7:00 P.M. MINUTES 'OR ED►AN PREP tREDBY.\ r t LEE PRICE, C.M.0 CITY CLERK Attachment: Shannon (Exhibit A) CC 9/224/96 Page 10 CC 9/24/96 Exhibit A LORET05.XLS LOT# PARCEL SIZE FLOOR PLAN FOOTPRINT % COVERAGE 1 9220.00 2L 1890 21% 2 5057.50 2R 2005 40% 3 5057.50 2L 2005 40% 4 4955.60 2R 2005 40% 6 5260.00 2L 2005 38% 6 4652.90 IR 1890 41% 7 4551.80 1L 1890 42% 6 4550.90 IR 1890 42% 6 4904.50 3R 1642 33% 10 4676.80 311 1642 35% 11 9373.60 211 2005 21% 12 8744.90 2R 2005 23% 13 7272.00 1R 1890 26% 14 4801.40 3L 1642 34% 15 4870.80 3L 1642 34% 16 4548.70 1L 1890 42% 17 4551.80 111 1890 42% 18 4551.80 IL 1890 42% 19 5259.10 2R 2005 38% 20 6170.30 211 2005 32% 21 6069.00 2L 2005 33% 22 6069.00 2R 2005 33% 23 6489.90 1 R 1890 29% TOTAL$ 131659.80 43628 33% Page 9 REPORT TO CITY COUNCIL AGENDA ITEM A-4 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: October 22, 1996 From: Alicia 1. Lara, Personnel Analy SU6JECT: Awarding Bid#96-04 to Superior Office Systems for L se of Photocopiers. RECOMMENDATION: Adopt Resolution No. 80-96 authorizing a lease agreement with Superior Office Systems for photocopiers. BACKGROUND: Currently the City has five photocopiers which were purchased between 1988 and 1991. Breakdowns are a common and occur at least weekly on one machine or another. Often downtime is increased due to having to order parts, which in some cases are becoming more difficult to obtain. Several machines are so old they are no longer on maintenance agreements. These costly repairs are paid direct as services are required. The quality of the copies is poor. Staff often has to settle for inferior copies due to machine limitations. Large copy lobs(which include City Council and Planning Commission Agendas)are run weekly and there is an 85%chance of a breakdown. As an example, five copies of the preliminary budget had to be run recently. The first floor machine broke down. Due to the size of the document the s nd floor machine had to be manually fed and that machine does not make clear cop ies.: The outside vendor cost of printing and binding an additional fifteen copies was bid from$234.00 to $372.00. Additional costs to outside vendors for copying services i vhen staff is up against a deadline happen more often than they should. DISCUSSION: Staff generated a Request for Quotes (RFQ)from cal vendors for the replacement of five machines. The machines include administratio 11 st floor, 2nd floor and 3rd floor copiers, one copier in the Police Department and one in the Fire Department Due to the City's budget allocation for copiers, it was stressed the City would replace the copiers if the annual cost of the replacement machines was lower or. the same as the City's current costs. Additionally, at a minimum the machine had to perform at or better than the level of the current machines, including an improvement in the quality of the finished product Bids were sent out to eighteen (18) vendors. Nine are in SLO Cou ity, three in Santa Maria and the other six in the Southern California area. The desired features in the bid for the largest copier were: automatic paper feed, automatic duple 'ng, electronic-copy monitor(by department), automatic reduction/enlargement, minimu m 20 bin sorter, computer forms feeder, minimum of 60 copies per minute, finisher, and training as needed at no charge for staff regarding the use of the machine(s). We also listed an optional feature of automatic 3-hole punch. This machine averages upwards of 47,500 copies per month. The City Hall second floor machine and Police Department machine each average about 20,000 copies per month, per machine. The Nvo smaller machines 000001 on the City Hall third floor and the Fire Department average 1,585 copies per month, per machine. The requirements for these machines are not as complex as the main copier, as the usage does not warrant it We were concerned with the service call response time when a machine is inoperable. We requested a two hour time limit for responses. Another specification that was considered was black toner. Some bids included it and in others it was an additional cosh There was some confusion at the September 10, 19%meeting regarding the ink capabilities of the machines. The two smallest machines have the capability to print in color, only one color at a time, with the purchase of an additional rather costly unit. The maintenance agreement does not include supplies such as color toner when this option is exercised. Apparently, references to this exception confused some people. The City does not now, nor did we ever have the intention of purchasing the color units for our copiers. It much more cost effective to pay an outside vendor$.90 percopy for multi color copies than to purchase the additional units, which can only make copies of one color at a time. We rarely make multi-color copies. As an added note,we currently have a machine that has those same capabilities and have never considered plans to purchase color units. Staff equalized the bids by adding the cost of all like products (toner)to the original base quote to compare true costs. In reviewing the bids, staff considered the aforementioned, in addition to contacting other clients regarding maintenance and repair service levels, which are paramount to work productivity. The bids ranged from a cost savings of$1,012 to an additional cost of$8,166 per year. Superior Office Products most closely met the bid specifications as outlined in the Request for Quotes. FISCAL IMPACT: We currently pay a total of$21,042 per year for copiers and services for all departments. This figure does not include costs for outside vendors to print large copy jobs that our current machines have been unable to do, either due to copy quality or machine malfunction. There will be a savings of approximately$1,012 compared to last year for copiers and.maintenance services, which takes into account transferring existing maintenance agreements for the second and third floor copiers. An additional savings will be realized in an increase of productivity time, a decrease of wasted toner and copy paper from copies of an unacceptable quality and we will minimize having to pay outside copy-service vendors. Attachments: Resolution #%E96 Contract# 0000011/ RESOLUTION NO. 80-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SUPERIOR OFFICE SYSTEMS FOR PHOTOCOPIER SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with Superior Office Systems for the purpose of leasing photocopiers and maintenance services. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 22nd day of October, 1996. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • 000001. 2- Administration Center Panels 'ic Slam P.O. Box 7023 9 Troy, Michigan 48007-7023 LEASE AGREEMENT LEASE NQ. Dear Customer: This Equipment Lease("Lease) is written in simple and easy-to-read language. Please read this Lease thoroughly and feel free to ask us questions you may have about it. The words YOU and YOUR mean the Lessee.The words WE. US and OUR refer to the Lessor. • • • • Lessee Name CITY OF ATASCADERO Contact Person Billing Address 6500 PALMA AVE, ATASCADIERO, CA 93422 Phone No, I 1 Equipment Location SAW AS ABOVE Alm 5505 EL CAMINO REAL, ATASCADERO, SAN LUIS OBISPO, CA. 93422 Address GN Canty sore Lo. EQUIPMENTDESCRIPTION Quantity Manufacturer Model No. Description I Serial No. I TIERM/LEASE PAYMENT SCHEDULE f Initial Term 60 MONTHS Monthly Payment S $944.55 Security Deposit S NONE Base Lease Paymer..,w be adjusao for appvAble ores Additional Provisions ELECTRONIC Lessee requests and authorizes Lessor to initiate debit and/or credit entries for all amounts due in connection with this Lease to the Depository Account desig- nated below('Account-). Lessee authorizes the Depository Financial Institution("Bank")named below to debit and/or credit same to such account. This author- ity is to remain in full force and effect until Lessor has received written notice(return receipt requested) from Lessee of Lessee's termination in such time and manner as to afford Lessor and Bank a reasonable opportunity to act on it. . Bank/Address Account No. y Banks ABA Routing No. Lessee Signature/Date X v agrt ABA nio. TERMS/CONDITIONS IMPORTANT: NEITHER THE SUPPLIER NOR ANY SALESPERSON ARE THE LESSOR'S AGENT.THEIR STATEMENTS WILL NOT AFFECT THE RIGHTS OR OBLIGATIONS PROVIDED IN THIS LEASE. LEASE AGREEMENT, PAYMENTS: We agree to lease to you and you agree to lease from us the equipment("Equipment')listed above or iden- tified in any attached equipment schedule("Equipment Schedule-). You promise to pay us the Lease payments shown above according to the terms of the Payment Schedule shown above or any Equipment Schedule hereto. i[Continued on reverse sidel THIS LEASE MAY NOT BE CANCELED. Signed By X Lessee Legal Name Title Indicate Corporate office[Partner,Propnetor,etc. PERSONAL GUARANTY in this guaranty, I or ME means Guarantor(s), and YOU means the Lessor. I have read and understand this Lease,and expressly incorporate it and its terms, conditions, consents and waivers into this Guaranty. If Lessee fails to make any Lease payment when due or otherwise defaults on this Lease. I agree to imme- diately pay you in accordance with the default provisions of this Lease and will perform all other obligations of Lessee under this Lease. I also agree that if you later modify or alter the terms or conditions of this Lease with the Lessee. I waive notice of any modifications and understand that I will be responsible for those payments and obligations. You do not have to notify me if the Lessee is in default. I will reimburse you for all expenses and attorney fees you incur in enforc- ing any of your rights against the Lessee or me. 1 CONSENT TO MICHIGAN LAW, JURISDICTION OVER MY PERSON, AND VENUE IN AMY MICHIGAN COURT AND WANE ANY TRIAL BY JURY IN ANY MATTER RELATING TO T141S LEASE, THIS GUARANTY OR THE EQUIPMENT. Ayy Personal Guarantor(Signature)X Personal Guarantor(Signature) Do not inclucie tote Do not induce eve Print Name Date Print Name Date a•s a 0.4 mrlTaf.17 On benalf of Lessee, I hereby certify that all of the Equipment referred to in the above tease Agreement has been delivered to and has been received by rhe Lessee, that all installation or other work necessary prior to the use thereol"has been completed. that the Equipment has been examined by the Lessee and is in good operating order and condition and is in all respects satisfactory to the Lessee,and the Equipment is accepted by the Lessee for all purposes under this Lease Agreement, This Lease Agreement may not be modified or rescinded except by a writing signed by Lessor and Lessee. ACC• THORIZE LESSOR TO PURCHASE THE EQUIPMENT? `, ff��n1, 7 X 7 m Delivery Date SignatureR00000tle/� ;Po-zi`�s GENERAL TERMS; PAYMENT ADJUSTMENTS; EFFECTIVENESS: You agree to all the terms and conditions on the front and back of this Lease. This Lease is a complete and exclusive statement of our agreement. The Equipment will not be used for personal.family or household pur- poses. If the Equipment cost varies from the estimate,you agree that we may adjust the Lease payment accordingly upward or downward up to twen- ty percent(20%). You acknowledge receipt of a copy of this Lease and acknowledge that you have selected the Equipment and reviewed the supply contract under which we will obtain the Equipment. THIS LEASE IS NOT BINDING ON US AND WILL.NOT COMMENCE UNTIL WE ACCEPT IT IN OUR OFFICES IN TROY, MI. You appoint us as your attorney-in-fact to execute, deliver and record financing statements on your behalf to show our interest in the Equipment. You agree that we are authorized without notice to you to supply missing information or correct obvious errors in this Lease. Any security deposit you have given us may be used by us to cover any costs or losses we may suffer due to your default of this Lease. On LATE/OTHER CHARGES: If any payment is not made when due,you agree to pay a late charge at the rate of fifteen percent(15%)of such late payment or twenty-five dollars(525.00),whichever is greater,and each month thereafter,a finance charge of one and three-quarter percent(1.7596)on any unpaid delinquent balance. You also agree to pay twenty-five dollars (525.00) for each collection call made by us and pay twenry-five dollars (525.00)for each returned check. You also agree to pay a documentation fee of forty-nine dollars'(S49.00). RENEWAL: After the original Lease term expires,this Lease will automatically renew for successive one 11)month terms unless you send us wntten notice that you do not want it to renew at least sixty(60)days before the end of any term. ® EQUIPMENT OWNERSHIP: We are and shall remain the sole owner of the Equipment. You agree to keep the Equipment free from liens and encumbrances. ® NO WARRANTIES: We are leasing the Equipment to you"AS IS WITH NO WARRANTIES.EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MER- CHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE. We assign to you for the term of this Lease any transferable manufacturer or supplier war- ranues. We are not liable to you for any breach of those warranties. You agree that upon your acceptance of the Equipment,you will have no set-offs or counter-claims against us. MAINTENANCE; USE; INSTALLATION: You are responsible for installation and maintenance of,and for any damage to. the Equipment. You must maintain and use the Equipment in compliance with all laws and regulations. If the Equipment malfunctions. is damaged, lost or stolen, you agree to continue to make all payments due under this Lease. EQUIPMENT LOCATION: You will keep the Equipment only at the address shown on the reverse side and you will not move it from that address unless you get our prior written consent. QINSURANCE: Until this Lease is paid in full and the Equipment has been returned to us,you will: (a)keep the Equipment insured for its full replace- ment value against all types of loss. including theft, and name us as loss payee; and. (b) provide and maintain an acceptable general public liability insurance policy. If you do not provide us with acceptable evidence of insurance, we may, but will have no obligation to, obtain insurance for you and add a charge to your monthly payments which will include the premium cost and related costs. LIABILITY: WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD PARTIES CAUSED BY THE EOUIPMENT OR ITS USE. You agree to reimburse us for, and to defend us against.any claims for losses or injuries caused by the Equipment and any costs or attorney fees relative to those claims. TAXES/PERSONAL PROPERTY TAX FEES: You agree to show the Equipment as"Leased Property"on all personal property tax returns. You agree to pay us all personal property tax assessed against the equipment or at our sole election we may opt to charge you a liquidated monthly personal property tax fee. 'We will advise you in writing of your personal property tax fee. You agree to reimburse us for applicable sales and/or use tax and all other taxes, fees, fines and penalties which may oe imposed. levied or assessed by any federal,state or local government or agency which relate to this Lease. the Equipment or its use. ®ASSIGNMENT: YOU MAY NOT SELL. PLEDGE,TRANSFER.ASSIGN OR SUBLEASE THE EOUIPMENT OR THIS LEASE. We may sell,assign or transfer all or any part of this Lease and/or the Equipment. The new owner will have the same rights that we have, but you agree you will not assert against the new owner any claims. defenses or setoffs that you may have against us or any supplier. ® DEFAULT/DAMAGES: if you fail to make any Lease payment when due or otherwise default on this Lease.we may accelerate the remaining bal- ance due on this Lease and demand the immediate return of the Equipment to us. If you do not return the Equipment to us within ten (10) days of our notice of your default, you will also pay a liquidated Equipment charge equal to the anticipated Lease-end residual value of the Equipment. We may also use any remedies available to us under the Uniform Commercial Code or any other applicable law. You agree to pay our attorneys fees at twenty-five percent(25%) of the amount you owe, plus all actual costs, including all costs of any Equipment repossession. You agree that we have no duty to mitigate any damages to us caused by your default. You waive any nonce of our repossession or disposition of the Equipment. By repossessing any Equipment,we do not waive our right to collect the balance due on this Lease. We will not be responsible to you for any consequential or incidental damages. Our delay or failure to enforce our rignts under this Lease will not prevent us from doing so at a later time. 13 CHOICE OF LAW; JURISDICTION; VENUE; NON-JURY TRIAL: You and any Guarantor agree that this Lease will be deemed fully exe- cuted and performed in the State of Michigan and will be governed by Michigan law.You and any Guarantor expressly agree to: (a)BE SUBJECT TO THE PERSONAL JURISDICTION OF THE STATE OF MICHIGAN:(b)ACCEPT VENUE IN ANY FEDERAL OR STATE COURT IN MICHIGAN:AND(c)WAIVE ANY RIGHT TO A TRIAL BY JURY. Any Lease charges which exceed the amount allowed by law shall be reduced to the maximum allowed. ® FINANCE LEASE; AMENDMENTS: THIS LEASE IS A"FINANCE LEASE"UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED IN MICHIGAN ("UCC"). THIS LEASE MAY NOT BE AMENDED EXCEPT BY A WRITING WHICH WE HAVE SIGNED. YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES YOU MAY HAVE UNDER UCC 2A-508 THROUGH 2A-522. INCLUDING ANY RIGHT TO: (a) CANCEL THIS LEASE; Ib) REJECT TENDER OF THE EQUIPMENT. ic) REVOKE ACCEPTANCE OF THE EQUIPMENT: (d)RECOVER DAMAGES FOR ANY BREACH OF WARRANTY:ANE)(e)MAKE DEDUCTIONS OR SET-OFFS. ::OR ANY REASON, FROM AMOUNTS DUE US UNDER THIS LEASE. IF ANY PART OF THIS LEASE IS INCONSISTENT WITH UCC 2A. THE TERMS OF THIS LE-SE WILL GOVERN. mEQUIPMENT RETURN: At the end of this Lease term,you will immediately crate. insure and Ship the Equipment, in good working condition, to us by means we designate, with all expenses to be prepaid by you. if you fail to return the Equipment to us as agreed, you shall pay to us one and one-half(1.5i times the regular Lease payment until the Equipment is returned. You will be responsible for any damage to the Equipment during snip- ping. owSAVINGS: If any provision of this Lease is unenforceable, invalid or illegal, the remaining provisions will continue to be effective. 7Sign7ed8y:A Date: 000001. IPp92895 EQUIPMENT DESCRIPTION FOR THE CITY OF ATASCADERO Qtv- Description 3 FP-7160 Panasonic Copiers 1 FA-S710 20 Bin, 3 Hole Punch, Stapling Sorter 2 FA-S700 20 Bin Sorter 1 COMPUTER FORMS FEED 2 FP-7117 Panasonic Copiers 2 FA-D16 Panasonic Copier Stands 000001's" SUPERIOR OFFICEE SYb . . . 1 EL :eU5-4(,S—,5bZY ULT, t r �yQ I'J V III .v51,./ 1 .Wd. cA_ Superior Office Systems D- 200 S. Thirteenth Strut, Suite 120,Grover)larch,Ce. 93433 I- Phone: 305/473-3910 000 34-4745 • MAINTENANCE AGREEMENT _Service/Supply flan _...Service Plan 9iJ>1Ml1'!tD TQ !!! DXM oAue MACVftriE .TM 12* O r WAJRTM m►TZ nr n MMI+teCR r� MMM &MODEL MML NUMBIR „rl.a�,..;G � t�•'1 t(.a 5�,.r._ oao _eat-`�y���',� i�fMi • � i r� — -1 +w SyNeers ser+eay agreoI to IN, N-inizeesuoe sae M Vice at tori rates eefftsi*by I. Tex above Holed offlre numblor wM ractive all weeney prevestatift ma once.wWCh May cormiet or:doh,adjusting.lubrientim amd rgmdrt seomary to mafatatn lira r"alred operatt dilcitncy. Regular w6e&W nrvW will be made a after a recessmended by the asaI A Pr. Z. Tils Agee includes sit legitiasate orrice need by the customer,from RM A.M.to S."N P.M.,Meadox through Friday.e�ooept hoildstys. 3. AR parts and aappfia necessary to ibe office uraehise wig be fundobed at se,-W, d. Thh shoo sot apply to repairs►r+egiaired because of Atddoet,miwae,abase,rregiect► dWL vandalism deetrieW power fai4s %am water,earth*mkm.or other casualty,or to daawrage reuskiag from sarvklsg by peroomed other than those authorized by Suped e'Office 5� S. Xquip salt cunt be k goad working cowNlon at dale of aceginnew of this Agr mw& G. Opus written tolrly(30)day notice.prior is CWkwim endo party hu.the richt to easoel tbh Areammut 7. A curno aaconst tart be maimtalned or service will be whbbolt S. This Agreement neat be paid In hM at date of vww nd. All service calls sad parts er•avolies pra�irlod alter ezpi vdn of Date or Motor,WE be bMa k at current Tinrc sod Material rata. 9. TiM sp+seanest is molowatically renewed at toe prim in effect at the done whom equipment -roaches Sad Dale,or Fad Meter,whichever coma Mt. Ross are subject to ghmp orgy of the tie of remewaL 1@.Wbm an oAke macbise roq do s Mwdwe serve due a age and/or meter r (we). Superior Office Systems.has the dght to deeffire renowai of Agreeme t. ACCVTANCs OF MARrMZNANCE AGRZZDEKNT Tttr aiawe! psaldoaie■�aaaiaiara art Mtwr�.aatliod M Nwellcassre i. /l4�utwlaL iisin elNwil srfw chm, dntlrierm+iAreakseo en iahen nal ori asaaiwt a�esa�ie�'tM�w� SOS S*Wty" Date BUYER!Si0l"twe A4 b0� e sem. me. icew>c.�er- t ccr i.S down wr-. lei.U 4C—,-f - a-. rr:z'tr�V.se. . 000001,G SUPERIOR OFFICE SYS . . c Q . .US Cu— Superior off ee Systems D- 200 S. Thimenth Strut, Saito 110, Graver&acJ4 Ca. 93433 f- Phoue.- S 473-8910 800W"745 NUE4TENANCE AGREEMENT _.Sen*&Sop*Plan —Service Pian wwarnwTV,L 4 Ajuaaa6r t nAT$ -J sre�t �u LOCA1WN n cod.WrAT&ar aTARTM"Ta I VIUM DATE r MASE &MODIM SERIAL NUMBER R&MMRM � i� n•�.e.,,i� f� -�1 l to_0 a4 n_�s n�t�.,n�,�s� _Obi -- -T-- $ Vo So�eelioel e�nae ayssa�t oas� ti trrrsarti�ae�d secwire aftaK rates set teeth by the fatbwi.l: 1. Moe A""toted Ake store WE receive ail macemmw7 prowafts0we 04%wbkA MAY ceaats1 of:denim& .mom.nd nVoin.tea 7 eo waboalm a e mVixed opwaft of demey. R piww Edda wivia wilt be garde as An as noomaqmWed by the raaaa Mr. 2. T hb Atreeaaat indoft A k0ho to ea vita Y+agaessed by the ter.from&W A.M.to 5.190 P.M„Meaday thr wo Friday.Caw boiw"L X AN parts amd eroo b a do office waddat wN be lhndshod at so estra 0606 oatrpo •i. Tbb Agit siMto apairs r "wed 6oaaase of aaidaa.nbase.abwe,.+giect. t1reR,wood lus,dab*tl poww is w%Am waw.mad*&or other easoatty.or to gage nsufflugBrew a nielog by pens of stow thug those by Sspn*r Office 9yataw& 3. Zquipmeatgust be is gaud wosift eaWMaem d date of arta ppm aftbb A reuUM 6. Upsm wtktdr thft day atke,pdw%tea,cher p"bas tie d&%eaocd this Agraeown 7. A ctmnvaut acro w mo be madshimed or ow win wW be wftMML 8. M&Agroomsaet aamit be paid br fisb at deft of"atwai. AN service cads tad parts or aWHw p nnided cher esphvdm of Dote or Molter,wM be biDabta at cou eest'Thin and Materbi rata. 9. Tbb apaese w is aaftouadtWy rawwed at the pekes In efkat at the bort wiea equipsHM rowel s Mad Vxfo►or Eos Meter,wbkbew r awes that. Ron ate subject to cla i le ed7 at the don of edseWJkL !0 VI►Med a,aAiee aead�se eaters saewioe dao to age aed/or aretar readbR Irmo?, t' Mw SyMnrrs bas the milt to dedbre remewd of ARreomwoL ACCEPTANCI OF MAWMANCE AGMZZ M ZW TM aMa plow/ .ooai�ioar jai trrtir+n ooWia %wr w kwdW rrar jML Ya+aa+ irei�ri w aa�Nta.�tiiai.>�igaraitwatioaror��iabrrs �trdaswiiaesitrei�rMiipiatli�whaet Mourn rood last 9@a*m l a MSM.--m*b- 4r 0"wqp SOS Signature Date BUYER Signature WA\ 8tlxllttr-"-e a J4 houlrl- -ca se_ h otos ever 15 ckoWr% We, UA 4r q Rex,- 0 ho"r r-cwQdnbe . a000a1� 7VrtKiUK urrikt J7,> . . . UL, t. 1r . 'v i•. •vv ,�• .vv✓ co- Superior Office Systems D- 200 S. Thirteenth Stmt, Suite 110, Grover Beach,Cal. 93433 I- Phone: S03M4734910 SM34-4745 bLUNTENANCE AGREEMENT _ Serriewsupply Plan w.Service Flan wu=T= !'Ha" MATE S IRM SiARTH1Iti OATS fmrm KN INM DATE MA= &MODZL SZRL%L NUMBER ItATEMERM -A om"s here"an tai ta,dsh awe ame servsoe ad oe naso,mx'fortp by It The above&ad office mise wilt ovedwe A necessary pr+sventatire as w,wWcb array tmt A des sem,m*wdn&labrieadsa,and repairs weaaar y b,matin*e regdmd eperathrp icy. ReDelar schadsled serdw wla be ssade as ollbesi as eeosermeaded by the anasatacarr+er. L MW Apneesest WdWa adt tete ser dee requested by the aamossee,(no&*M A.M.to 5:00 P.N-Mgafy*rook Fditq now 3. Mparts necessary to m fttaV the office esaddae wM be igraukW at no eaotra 4. Tills AV vie wewl apply to repairs required beceaerse of acddeat,acme,,bane.aegl>eM thedr,rasdaNs■e,deemed Power faftm&%wager.cotbwmk&or other amenity.or to da supe boss wrvi ft by peace odor*=*An a ndwr red by$atpeder 00W Scale" & ZaN mmu most be in aped wpMft eaeuse W a at date of aso*Mm of&b ftmeoseft 6. Upaa wrplsas tMiely(M)day w*w.pries•to espiradon,either party bas the right M Cwhooi this 7. A current meow*mut be waWadned or ser.ice wW be widdwK & This AVeeneft scut be pa ld in Uel at date of nwewaL A0 serrioe taus and pie is or mppaes pnewWed dter esptradea of Dae or Meter,win be b8lable at asrvw Thne and MaserW Mos. 4. 'fids asFemeW is awossadcally reeewed at the Prh=in died at the;drat wbte e4wipmeat rsache;s Iliad Daae,or Zai Metero wlhever eemses tint. Rates we=bjW U~e411y at the d=of reeewaL 14LWbea an effioe awWw teq hw cu mbve service doe to as sniffer xWer reading(iae). saperior+Otaa sym has the riper as deadiee renewaat of Apanesot�t. ACCZPTANCZ OF MAIIRMANCZ ACBZZNZNT lLeaMwr/eMw�+N�s1Yr►or�ilMw�litu�r wea�MdMNej,-=d§"hMlV 8wwPl . Y�le:�a�wl�l es i�wad�as�alf�i. l '"llboaadeasoaftw,bwo agaraeea> �YrepwMrdpY fiYerrdast Wig Ew d and arodaad akg eNr W04 dbd4n aeq SIDS Sl=elatvr0 Date BUYER ft ature Sv-Dwrc,-le� t{ kocAr rr"—.vv%se— -\ me , \(\ocx-3evcr �-gC S oe,esr. WC, �►ati�� r Asx. 'i3+ V%owr rcspan5c - 000001. SUP . . . TEL :805-473-3629 Oct _ N0 .008 P .03 C- Superior Office Systems CO- D- 290 S. Thirteenth Street, Sate 1106 Graver Beach,Ca. 93433 �- Phone; SW4734910 S00/234-4745 MAINTENANCE AGREEMENT _Semca/5vpply Pun ....,Service Plea SUMAU TSDTO Mon DAT$ 114,j a-P STIi>'. T MACS La"T"~l f Cr WA—RMG DA7e 1�Y #eu�'rrc i► TRtt h.1 GwAaLSOr_iCj,,,�,,,,- i - ...■ rte ' owe eat s.�eiio�0ics S' e 'iiral to rd., li i "ani�ee+�ire'et'tlre ilit+et jec I"by the f.nowlag: 1. The above mum omade win tecei a ail saoeonrT prerwtad"�wiieh war lfioe a ORWI t eF damiwg.aqnsew&labcicadoo,ak r*pMn 86=10217 to waitrtaia*0 *Vdawy. Rgwlar odwAded wake wilt be waide as olbw as by the ,,,--=ftWM 0 . Z 'ib k Agmawk loduda alt iso arrive ee*mkd by aha=Maw,firom 8:00 A.M.to son P.M.,bloo ft 69000 Fd►, 3. M peep awd aecaxwary wadoxsab the olllot wwbfwe will be tan dshed at so e:ux 4. 7Ws Ageroe om act to repain e+eiair+ed bc-- wn wddewb m edtk• "t,VMD"tiv,eleetried power tailor:,Me.wafer,"rapaiae,or otter=rwaty,or to dawrape tw d og front service by pfnornd odor*NOW solo ariw, by ftp9dw Ofll= a. SYSUM& ZqWpmm otost be is good woridag cadifloo art date of aooeptaace of this Age*w&wL S. Upon wrlttea abirty(30)day stones,priac m"pirdion,enter Party bas the right a cam d tyle 7. A tart neat accoawt mwbe wed or wW ba:wlthheiiL fi. '[tie Ap+eeaeeat wseat be pad bs kn a#darts of reammL Ait serwim taps cud parte or ouppitet pwdded dftrexpimdow of Dam or Meer.wM be bDWft at awrtm Tawe tad Mot*rW rum !. nb b�7 renewed ant tie prices tit~st tie tied wbm 040111=00Smacho W Dato.®Fad Nkftr,whichow awe first. RAW ane sabject fD die owiy at the time of"NWWML jq.Wb"= nMp, ==Mwrequjmew=dweMw dace N arpe apwor arerer:eadlog(aseh Superior Office Syaaae bas ti w rigla to deediwe reoewai of Ate. ACCZPTANC'R OF MAIRMANCQ Tbr ob pkm-,- w.ti ad"no tai art aeee}Idr Ya■[t tadtrlai ao dowakwopoWN&C Pq sdv0*mmkwawdh" Maw► � tiipWaastpi�t4.r.r�lerr.K Witt a•i tai noii�ti a�M�11114 iii a� SCIS Signature Date BUYER Signature 000001,1 :l-VrtK1UK. Urrik-L OTO . IGL •cSVV ++r .r avG� vL � _ � - ,v C_ Superior (;Office ,Systems Co- 200 S. Tw teen* Street,Sat Ile,Grover�cb,Cu- 93433 D_ �- Pbone: $W473-8910 8 1134�4?4S MA 'ENANCE AGREEMENT �.Se IN'Tapply p1m —Servkee Plan PATE Lp/M•iV. CmXTtT&MW . rWAMMO RATUTUM I hjAj j� � Bearariu: Saperw Umm S beretay apma to i�r711ib '��rvfcs�1rs r�set fbAb by the wmiommmmm,whieb stay L The above 911ed ofike ssommy gg mob*dnthe gooAred d:d Vie a�perstisb dfid�i- wE be s►Ok ASarea as b7 maed'setanw. fire `, 8:A0 A.M.to 2. Tb b Agreeeeat iadada an i aa�� y • s-.n P.M.Mmda ar1 so F'ift'=COP beii kv& iwr!wiS be terms st ra aavx 3. As parts sed—PPO-q- 4. pp 4. Tlds Adne re�airy bei at rsissse+sbrrec.ae3leat, tbdt,v=WWhm doetrk:t pows'ta§dm fbt.water.Owftou"or odor cmaft,or to r from arvieft by y dm tbm a■tbed "bJ Sdperlor OAiee ymmm S. SEq t mwt be is pod werkft condWm at date Of masa Of tbb A a , iU writees ddrq(30)dm7 seeks,prier M�+~i"M b"the right is caacd tide AgrameW 7. AturrM aoao be a*wMb A esW aid plirte Or eaPPba L Thio AgrecuM�be i�In hit at cbft Of pwkWakW of Daae or Meter,wig be bghtbk st estreat Tigre sad MO*rW rte. A Ttib i.a� d at the pdae is dThd at tb�e dm woes egdD oeft raaoi0 Kai Da*.ar sad Meter.Whkh"W est 1rrRR R�are sab3eeat to �7� the these of raawaL aad/oc scoter reedisB )+ id.VVhes as a[Bee aeadse reiree lorries dao t0 ape Sapa'ior OAke symm has tole Hip to decdae r mewd et ArvaffiefiL ACCEPTANC]g OF CHANCE AGRUMENT Tom an mdbod"r� Tbsslo.•!' mem.dMhmeaitMaralles�Mieen�.�tr�sba�d* I discs.eeset i�.wdc�la a�dii twi M iris r aaao"dam �t�'�0r W�e...i ar ea�iwr r�b.wa�M�b►tM•�a~!!� SOS$e Itar+e pate BUN=siSatton .+ .a.gr nwn..rlrn'.•Yift. +l•Mr..w..a.r .`.�'!1Weer ..�.'Mw-..., .,riMl�M"lY%.- .t .n-5<,•• ::.., •1j Lro.Jsn-•rJl. . w1., ,�, 000001./% Page,-) 3 ,yFi 1 o k UNIT #1 -- City Hall -- Room 103 PANASONIC FP-7160 COSTS: • Total Copier Cost with Tax $14264.25 (INCL(! ES 20 BIN SORTER) Less Trade-In $2000.00 Adjusted Copier Cost $12264.25 Cost of Options: Finisher 15-50,00 (3-mhQ E PINCH- STAPLING SORTER) Computer-forms Feeder $930.00 Monthly Lease/Purchase Cost: (without options) Interest Rate 24 months $518.66 36 months $358.24 48 months X305.75 60 months $258.78 Purchase Option at end of lease FAIR MARKET VALUE Monthly Lease/Purchase Cost: (With options) 24 months $585.78 36 months $404.60 48 months $345.32 J 60 months $292.27 Purchase Option at end of lease FAIR MARKET VALUE (ABOVE PAYMENTS INCLUDES TAX ON OPTIONS) 31 ja ENANCE AGRE MNI T: At a minimum a maintenance agreement should include all parts and labor, including drum. A warranty period for the copier should also be detailed as to length of time and coverage. 90 OAY WARRANTY (EVERYTHING EXCEPT TORR). MAINTENANCE AGREEMENT INCLUDES EVERYTHING Monthly Maintenance Cost X403.75 EXCEPT STAPLES A1C PAPER. Additional Cost per Copy: f copies before per co cost starts 475nn PER �nnrrH . Number o p p PY Per copy cost after minimum copies nnR5 000001,// Page4 UNIT 92 -- Second Floor City Hall PANASONIC FP-7160 COSTS: Total Copier Cost with Tax _114264.25 (INCLUDES 2C1 BJK SOi-TER Less Trade-In $2000.00 Adjusted Copier Cost $12264.25 Cost of Options: Finisher $550.00 (3-HQI E P1fr.H_ STAPLING SORTER) Computer-forms Feeder $930-00 Monthly Lease/Purchase Cost: (without options) Interest Rate 24 months $518.66 36 months $358.24 l 48 months $305.75 ✓ . ,/60 months 5258.78 Purchase Option at end of lease FAIR MARKET VALUE Monthly Leasv?urchase Cost: nth options) 24 months $585.78 36 months $404.60 48 months $345.32 60 months $292.27 Purchase Option at end of lease FAIR MARKET VALUE (ABOVEPAYMENTS INCLUDE TAX ON OPTIONS) MA I-TTENANCE AGREEMENT: .CURRENT MAINTENANCE AGREV ENT WILL BE TRANSFERRED TO NEW COPIER. At a minimum a maintenance agreement should include all parts and labor, including drum. A warranty period for the copier should also be detailed as to length of time and Coverage. 90 DAY WARRANTY (INCLUDES EVERYTHING EXCEPT TORR). MAINTENANCE AGREEMENT INCLUDES EVERYTHI Monthly Maintenance Cost $f80 OO EXCEPT STAPLES AM PAPER Additional Cost per Copy: Number of copies before per copy cost starts 20.000 PER MONTH Per copy cost after minimum copies $.009 000001. %, Pale 7 L-N-IT #5 --CONLIWIUNITY DEVELOPMENT DEPT. - 3RD FLOOR - CITY BALL PANSONIC FP-7117 COSTS: Total Copier Cost with Tax 1329 58 Less Trade-In 2m nn Adjusted Copier Cost .3M2 58 Cost of Options: inisher NIA Computer-forms Feeder N/A Monthly Lease/Purchase Cost: (without options) Interest Rate 24 months $130.79 36 months $ 90.33 48 months $�7. 10 J 60 months -$-65-25- Purchase 65.25Purchase Option at end of lease FAIR MARKET VALUE Monthly Lease/Purchase Cost: (With options) 24 months _ N/A 36 months N/A 48 months N/A_ 60 montiis N/A Purchase Option at end of lease TE7V Al�t`;E AGREEMENT: CURRENT MAINTENANCE AGREBWNT WILL BE TRANSFERRED TO ® NEW COPIER. At a minimum a maintenance agreement should include all parts and labor, including drum A warranty period for the copier should also be detailed as to length of time and coverage. 90 DAY WARRANTY (INCLUDES EVERYTHING EXCEPT TONER). MAINTENANCE AGREEMENT INCLUDES Monthly Maintenance Cost A2� t6 EVERYTHING EXCEPT PAPER AND COLOR SUPPLIES. Additional Cost per Copy: Number of copies before per copy cost starts $1583 PER MONTH Per copy cost after minimum copies $.014 000001. 4 Page 5 UNIT T #3 -- POLICE DEPARTMENT PANASONIC FP-7160 COSTS: Total Copier Cost with Tax (INCLUDES 20BIN -SOHT1 J Less Trade-In ,52000 nn — Adjusted Copier Cost $12264.25 Cost of Options: Finisher $550 OD f 3-HQ1 F P1 ACH_ STAPLING SORTER) Computer-forms Feeder $930 00 Monthly LeaselPurchase Cost: (without options) Interest Rate 24 months $518.66 36 months 3358.24 48 months $305.75 J 60 months $238._78 Purchase Option at end of lease FAIR MARK UE Monthly Lease/Purchase Cost: nth options) 24 months 585.78 36 months $404.60 48 months $345.22 60 months $292.27 Purchase Option at end of lease FAIR MARKET Y LUE (ABOVE PA YHENTS INCLUDE TAX ON OPTIONS) M, AINTENANCE AGREEMENT: At a minimum a maintenance agreement should include all parts and laboer, including drum- A warranty penod for the copier should also be detailed as to length of time 90 DAY WARRANTY (INCLUDES EVERYTHING EXCEPT TONER). MAINTENANCE AGREEMENT INCLUDES Monthly Maintenance Cost t iron nn EVERYTHING EXCEPT STAPLES AND PAPER Additional Cost per Copy: Number of copies before per copy cost starts 20,000 Per copy cost after minimum copies 000001,/~� Page 6 UNIT #4 -- FIRE DEPARTMENT PANSONIC FP-7117 COSTS: Total Copier Cost with Tax 13292-58 Less Trade-In -0- Adjusted Copier Cost $ 292.58 Cost of Options: Finisher NIA Computer-forms Feeder 41,44 Monthly Lease/Purchase Cost: (without options) Interest Rate 24 months $139.24 36 months $ 96. 18 48 months $ 82.08 60 months $ 69.47 Purchase Option at end of lease FAIR MARKET VALUE Monthly Lease/Purchase Cost: nth options) 24 months NIA_ 36 months NIA 48 months NIA 60 months NIA Purchase Option at end of lease MAEk,gTNAINCE AGREEMENT: At a minimum a maintenance agreement should include all parts and labor, including drum. A warranty period for the copier should also be detailed as to length of time and coverage. 90 DAY WARRANTY (INCLUDES EVERYTHING EXCEPT TONER). MAINTENANCE AGREBhENT INCLUDES Monthly Maintenance Cost 122 1K EVERYTHING EXCEPT PAPER AND COLOR SUPPLIES Additional Cost per Copy: Number of copies before per copy cost starts 25ax Per copy cost after minimum copies 1-nig COPIER BID BREAKDOWN 0 BY VENDOR CURRENT AND PROJECTED COSTS ARE BASED ON THE NUMBER OF COPIES MADE DURING FY 95-9 Unit#1 -Room 103- City Hall 570,000 Unit#2-2nd Floor, City Hall 240,000 Unit#3- Police Department 240,000 Unit#4- Fire Department 19,004 Unit#5- Community Developme 19,000 CURRENT PROJECTED COPIER COPIER LOCATION CHARGES CHARGES 'YEARLY UNIT_ OF COPIER FY 95-96 FY 96-97 DIFFERENCE Vendor Superior Office Systems-Panasonic Copiers 1 Room 103-City Hall 8,993 7,352 2 2nd Floor- City Hail 4, 84 5,265284 5,265 3 Police Department 1,2 1 4 Fire Department ,717 1,049 9 5 Community Development 648 1,04 ' TOTALS: 21,042 20,030 $1,012 Savings • Vendor. Danka-Minolta Copier 1 Room 103- City Hall 8,993 9,198 2 2nd Floor-City Hall 5,400 4,592 3 Police Department 4,284 4,592 4 Fire Department 1,717 1,155 5 Community Development 648 1,155 TOTALS: 21,042 20,692 $350 Savings Vendor Taylor Office Products-Mita Copier 1 Room 103-City Hall 8,993 9,720 2 2nd Floor-City Hall 5,400 5,586 3 police Department 4,284 5,586 4 Fire Department 1,717 889 5 Community Development 648 865 TOTALS: 21,042 22,646 $1,604 AAore 000001./,', Vendor Golden State -Savin Copier 1 Room 103-City Hall 8,993 9,916 2 2nd Floor-City Hail 5,400 5,327 3 Police Department 4.284 5,091 4 Fire Department 1,717 1,137 5 Community Development 648 1,112 TOTALS: 21,042 22,583 $1,541 More Vendor- Pinacle Office Products-Toshiba Copier 1 Room 103-City Hall 8,993 9,021 2 2nd Floor-City Hall 5,400 5,872 3 Police Department 4,284 5,743 4 Fire Department 1,717 1,099 5 Community Development 648 1,099 TOTALS: 21,042 22,834 $1,792 More Vendor Lanier Products-Lanier Copier 1 Room 103-City Hall 8,993 9,097 2 2nd Floor-City Hail 5,400 5,845 3 Police Department 4,284 5,845 4 Fire Department 1,717 1,372 5 Community Devel6pment 648 1,172 TOTALS: 21,042 23,331 $2,289 More Vendor.Advanced Office Products -Sham Copier 1 Room 103-City Hall 8,993 9,604 2 2nd Floor-City Hall 5,400 5,741 3 Police Department 4,284 5,741 4 Fire Department 1,717 1,3 5 Community Development 648 1,354 TOTALS: 21,042 23,794 2,752 More Vendor: �- 2 rai Office Products -Ricoh Co ' r 1 Room 1038,993 16,748 2nd Floor-City Hail 5,400 5,007 3 Police Department 4,284 5,007 4 Fire Department 1,717 934 5 Community Development 648 934 TOTALS: 21,042 28,630 $7,588 More • 000001,/7 Vendor: Xerox Cora -Xerox Cosier _ 1 Room 103-City Hall .8,993 13,392 2 2nd Floor-City Hall 5,400 6,336 3 Police Department 4,284 6,360 4 Fire Department 1,717 1,560 5 Community Development 648 1,560 TOTALS: 21,042 29,208 $8,166 More REPORT TO CITY COUNCIL meeting Date: 10-22-96 CITY OF ATASCADERO Agenda Item: A-5 Through: Andrew J. Takata, City Manager via: Brady Cherry, Director of Community Se vices// From: Valerie Humphrey, Staff Assistant SUBJECT: Annual Claim for Transit Development Funds: 1996/97. RECOMMENDATION: Adopt attached Resolution No. 87-96, authori ing the filing the annual claim for Transit Development funds. DISCUSSION• The City annually files a claim for its share of Transit Development Funds. Our efforts are coordinated through . the San Luis Obispo Council of Governments. Funds are used to cover local transit needs (i.e. , Dial-A-Ride) ; two percent is earmarked for Bike/Pedestrian ways; a portion is reserved by SLOG G for regional transportation programs and administration, any remaining balance may be used for streets and roads. FISCAL IMPACT: The claim for Fiscal year 1996/97 is $531, 881 Attachment: Resolution No. 87-96 Annual Project and Financial Plan - 1 96/97 000002 . RESOLUTION NO. 87-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS, Articles 4 and 8 of Chapter 4 of the Public Utilities Code requires claims for operating funds to be filedwiththe transportation planning agency by local transportation operators; and WHEREAS, the City of Atascadero is eligible for transportation funds as provided in Chapter 4 of the Public Utilities Code; and WHEREAS, the San Luis Obispo Council of Government is the designated transportation planning agency for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the filing of a claim for Local Transportation Funds in the Amount of $503,478 and State Transit Assistance funds in the amount of $28,403 . If additional LTF funds become available said funds shall be used for the purpose of street maintenance. The Annual Project and Financial Plan prepared by SLOCOG is attached hereto marked Exhibit A and by reference thereof made a part hereof. On motion by Councilmember and seconded by Councilmemberthe -foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: DATE ATTEST: City of Atascadero LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: " ARTHER MONTANDON, City Attorney 000003 ITEM 1 . ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM FISCAL YEAR I Rg6[97 TO: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS I 1 50 OSOS STREET, SUITE 202 SAN Luis OBISPO, CA 93401 FROM: CLAIMANT: CITY OF ATASCADERO ADDRESS: 6500 PALMA AVENUE CITY: ATASCADERO ZIP CODE: 93422 CONTACT: 8,RAD- PHONE: i-6- BRADY CHERRY 461-5001 THIS CLAIMANT, QUALIFIED PURSUANT TO SECTION 99203 OF THE PUBLIC UTIUTIEs CODE, HEPEay REQUESTS, IN ACCORDANCE WITH CHAPTER 1400, STATUTES OF 197 1 , AS AMENDED AND APPLICABLE RULES AND REGULATIONS, THAT AN ALLOCATION BE MADE FOR THE PURPOSES AND IN THE RESPECTIVE AMOUNTS AS DESCRIBED IN THE ATTACHED PROJECT AND FINANCIAL PLAN CLAIM FORM. A) ANNUAL (LTF) APPORTIONMENT $ 503,478 B) ANNUAL (STA) FUNDS $ 28,403 1 ) OPERATOR REVENUES $ 1 , 1 9O 2) APPORTIONMENT $ 27,213 TOTAL FUNDS BEING CLAIMED ARE: $ 531 ,881 CLAIMANT SIGNATURE: Andrew J. Takata TITLE: City Manager DATE: September 26, 1996 THIS CLAIM WAS CONDITIONALLY APPROVED BY THE SAN Luis OBISPO COUNCIL OF GOVERNMENTS AT A MEETING ON MUNE 5, 1 996, BY RESOLUTION NO. 96-10. RONALD L. DE CARLI, EXECUTIVE DIRECTOR DATE CASUZY/NENNVCROMMOINTOA007TC WMATA.007 000004 ' t ITEM 2. CERTIFICATIONS CITY OF ATASCADERO TRANSPORTATION DEVELOPMENT ACT CLAIM FY 1996/97 BY SIGNING BELOW, THE AUTHORIZED OFFICIAL CERTIFIES COMPLIANCE WITH ALL OF THE REQUIRED TDA CERTIFICATIONS (THOSE MARKED BY AN X). X I . VERIFICATION THE PROPOSED EXPENDITURES ARE IN CONFORMITY WITH THE REGIONAL TRANSPORTATION PLAN (CCR § 665 1 ). _ Cx 2. FULL USE IS BEING MADE OF FEDERAL FUNDS AVAILABLE UNDER THE URBAN MASS TRANSPORTATION ACT AND INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR TRANSPORTATION PURPOSES (CCR § 6754). X 3. COMPLIANCE WILL BE MAINTAINED WITH THE ADOPTED BUS TRANSFER PASS POLICY. (PUC § 99262). X 4. COMPLIANCE WILL BE MAINTAINED WITH THE LAW THAT REQUIRES EQUIVELANT REDUCED TRANSIT FARES AND IDENTIFICATION CARDS FOR SENIOR CITIZENS AND DISABLED PERSONS. X 5. THE TRANSIT SYSTEM OPERATOR DOES NOT ROUTINELY STAFF A TRANSIT VEHICLE DESIGNED TO BE OPERATED BY ONE PERSON WITH TWO OR MORE PERSONS (PUC § 99264); OR IS NOT PRECLUDED BY CONTRACT FROM EMPLOYING PART TIME DRIVERS OR FROM CONTRACTING WITH COMMON CARRIERS OF PERSONS OPERATING UNDER A FRANCHISE OR LICENSE (CCR § 6754). X 6. EXISTING AND PROJECTED FAREBOX RATIOS ARE AS LISTED BELOW, AND MEET THE MINIMUM FARE REVENUE REQUIREMENTS FOR BOTH LTF AND STA MONIES ( 100/0 APPLIES To ATASCADERO D-A-R). A. FISCAL YEAR 1995/96 FAREBox RATIO 15% B. PROJECTED FISCAL YEAR 1996/97 FAREBOX RATIO 15% X 7. THE TRANSIT SYSTEM WILL NOT RECEIVE TDA FUNDS IN EXCESS OF OPERATING COSTS ACCORDING TO THE FOLLOWING ELIGIBILITYFUND TEST (CCR § 6634, 6754). ESTIMATED 1996/97 OPERATING COSTS $451,796 LESS DEPRECIATION, AMORTIZATION, VEHICLE LEASE COSTS, AND THE COSTS OF $35,100 - UMTA Section 18 PROVIDING SERVICES PURUANT TO THE ADA $50,000 - Depreciation NET OPERATING COSTS $166,6q LESS AMOUNT OF FARE REVENUES REQUIRED TO MEET YOUR MINIMUM FAREBOX REVENUE $ 36,670 MAXIMUM AMOUNT RECEIVABLE FOR TRANSIT SYSTEM $330,026 000005 _X, 8. COMPLIANCE WITH GENERAL PURPOSE PARATRANSIT VEHICLES (GPPV) IIhSPEGTIC9N AND DRIVER CERTIFICATION REQUIREMENTS PER CCR § 1 201 THROUGH 1 208. X _ 9. THE FOLLOWING CONDITIONS PLACED UPON THE CLAIM BY ACTION OF THE SAN LUGS OBISPO COUNCIL OF GOVERNMENTS WILL BE MET IN A TIMELY FASHION, INCLUDING THE FOLLOWING: A. PRIOR TO DISBURSEMENT OF FUNDS, QUARTERLY TRANSIT OPERATING DATA WILL BE SUBMITTED TO THE COUNCIL OF GOVERNMENTS. B. IMPROVEMENTS REQUIRED IN THE COUNCIL ,OF GOVERNMENTS 13US STOP POLICY WILL BE PROGRAMMED OR IMPLEMENTED IF APPLICABLZ. C. PROGRAM OR IMPLEMENT SERVICES TO MEET ALL UNMET TRANSIT NEEDS PER THE ADOPTED 1996 SLOCOG RESOLUTION IF- APPLICABLE. FAPPLICABLE. _x 10. PRIOR TO DISBURSEMENT OF ANY TDA FUNDS, THE FOLLOWING DOCUMENTS WILL BE SUBMITTED: A. THIS CLAIM FOR FUNDS WILL BE SUBMITTED TO SLOCOG; AND. B. A STATE CONTROLLER'S REPORT OF FINANCIAL TRANSACTIONS (LGl<A) WILL BE SUBMITTED TO THE STATE CONTROLLER'S OFFICE AND TO SLOCOG (BY SEPTEMBER 30); AND C. THREE COPIES OF A CERTIFIED FISCAL AUDIT OF ALL TDA FUNDS • RECEIVED THE PRIOR FISCAL YEAR WILL BE SUBMITTED TO SLOCOG (BY DECEMBER 3 1 FOR 2ND QUARTER PAYMENT). THE FISCAL AUDIT WILL INCLUDE A DETERMINATION OF ELIGIBILITY OF FUNDS PER PUC § 99314.6 AND CCR § 6634. SIGNATURE OF AUTHORIZED OFFICIAL DATE CERTIFYING COMPLIANCE Andrew J. Takata City Manager 000006 ATASCADERO ITEM 3. ANNUAL PROJECT AND FINANCIAL PLAN - 1998/97 PROPOSED USE AUTHORITY AMOUNT SLORTA SYSTEM - JURISDICTIONAL LTF ART. 4 130,150 SHARE OF REGIONAL TRANSIT SEC. 99260 UNDER AUTHORITY OF JPA - TOTAL TRANSIT JPA CONTRIBUTIONS 130.150 2% BIKE/PEDESTRIAN WAYS PROJECTS LTF ART.8 10,070 AND BICYCLE SAFETY EDUCATION SEC. 99234 ATASCADERO DAR -A LOCAL GENERAL LTF ART. 4 -330,026 PURPOSE DEMAND RESPONSIVE SYSTEM SEC. 99260 STREETS &ROADS PROGRAM - FOR LTF ART. 8 * 32,062 MISCELLANEOUS STREET(RE)CONSTRUCTION SEC. 99400 AND MAINTENANCE PROJECTS TDA AUDIT COST LTF ART. 3 1,170 REIMBURSEMENT SEC. 99245 TOTAL LTF RECEIVED DIRECTLY 373,328 ATASCADERO DAR -A LOCAL GENERAL STA ART. 6.5 1,1 90 PURPOSE DEMAND RESPONSIVE SYSTEM SEC. 99314 ATASCADERO DAR -A LOCAL GENERAL STA ART. 6.5 27,213 PURPOSE DEMAND RESPONSIVE SYSTEM SEC. 99313 TOTAL STA RECEIVED DIRECTLY 28,403 TOTAL LTF FUNDS 503,478 TOTAL STA FUNDS 28,403 TOTAL TDA FUNDS 531,881 O.K. *AMOUNTS TO BE DETERMINED BY CLAIMANT, SUBJECT TO FINAL APPROVAL BASED ON AUDIT FINDING. 00000'7 ITEM I I . TRANSIT OPERATING DATA 0 TRANSIT SYSTEM NAME ATASCADERO DIAL-A- .IDE F/Y: 1995/96 (FROM 7/ 1 /95 - 6/30/96) . FARE REVENUE . 06.xmk42( ._. OPERATING COSTS ;:AaMF4i $CflkTRACT >::. :.;:.;:.;:.;:.: �i ry ..:.... �::::4:�35c*:%X....::.::.::.::.::.::.::.:.::.::.>;........:::�..:....::.;:...y;;;;:.;:.:...;:.;:.:.;:;:.::.:::-....—...:...:...: :.;-s ,.:4:320;.6;«.:::.;;.;:o:: TOTAL PASSENGERS -- ..L[FC DEPLOYED .Wow-LtFr*..' . . 2.T.. s ,. VEHICLE SERVICE HOURS 97$7..1 VEHICLE SERVICE MILES �� � 0 EMPLOYEE PAY HOURS NUMBER OF TRIPS #;Xo1�ni TRIPS #ONTtM.-T-I L1.r ._ NUMBER OF FORMAL :(OMPUf•IBNTS #CS>MPLAtN7 .' (lots >of COMMENTS fbi �..����-'.-,..-.l...l... [.,..--- -...I -1 - r tal `G4ok esr} E1 NUMBER OF ACCIDENTS NUMBER OF MECHANICAL 7 FAILURES MAINTENANCE COSTS t/ HI4>rt: 5 ,oaa . 11 I ,t as CAPITAL COSTS a 0 I'll,.... . .. ........ I , I , '' TRANOP.YEN 000008 LINE-ITEM DETAIL REPORT DIAL A RIDE 96/97 DEPT: 0450 FUND NO. 200 ACCOUNT NUMBER DESCRIPTION AMOUNT 200 10010* PERM. SALARIES $ 5,734 200 10030* PERS 815 200 10050* HEALTH INSURANCE 677 200 10060* WORKERS COMP 37 200 10051* MEDICAL PAYBACK 283 200 20002 PRINTING/COPIES 300 200 20003 OFFICE SUPPLIES 100 200 20004 MINOR OFFICE EQUIP. 0 200 20006 ADVERTISING 500 200 20015 COMMUNICATIONS 2000 200 20075/76 WATER/ELECT 650 200 20150 NON-VEHICLE REPAIR 200 200 20151 VEHICLE REPAIR 50, 000 200 GAS/OIL 35, 000 200 20299 OTHER OPERATING 500 200 20510 DEPRECIATION 50, 000 200 30212 C.S. - RADIO SVC. 2, 000 200 30300 C. S. - MAYFLOWER 215, 000 TRANS. TO GEN. FUND 38, 000 CAPITAL - BUS 47, 200 TOTAL OPERATING COSTS $ 448, 996 *Figures represent 20% Staff Assistant position REVENUE SOURCE DESCRIPTION AMOUNT TDA YEARLY ALLOCATION $ 358 , 534 FAREBOX RIDER FARES 55 , 000 SECTION 18 GRANT FOR CAPITAL 36, 000 BUS PROJECTS TOTAL REVENUES $ 449 , 429 000009 STATE OF CALIFORNIA Page 1-of page. DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TERMINAL INFORMATION CHANGED DATE OF LAST MISTER UPDATE SAFETY COMPLIANCE REPORT/ Yes D NoC TERMINAL RECORD UPDATE TELEPHONE NUMBER(MVCLUDEAREA CODE) CHP 362 _ _ t CHP 343 Rev 3-96 OPI 062 C/% r' C P 343 - r� INAL MAILING ADORE SS(NUMBER.STREET.CITY,STATE.ZIP CODE)(IF DIFFERENT FROMSTREETADDRESS) COUNTYrODE NUMBER ZI LICENSE AND FLEET INFORMATION HM Lic No. HWT Reg.No. IMS Lic.No LOCATION CODE SUBAREANUMBER // Exp.date C Exp.date Exp.date t TRUCKS AND TYPES TRAILERS AND TYPES BUSES BY TYPE REG.CT. HW.VEH. HW.CONT. DRIVERS T-, EMERGENCY CONTACTS(in Caffing-tWer of Pmleronce) EMERGENCY CONTACT(NAME) DAY PHONE NO.(INCLUDE AREA CODE) NIGHT PHONE NO.(WCLUQE AREA CODE) EMERGENCY CONTACT(NAME) , DAY PHONE NO.(WaUDE AREA CODE) NIGHT PHONE N/O.(JNCLIpE AREA CODE] ^ C CHECK THE ESTIMATED TERM `I44L MILEAGE WITHIN OPERATING AUTHORITIES ` r CALIFORNIA DURING THE LAST YEAR v YEAR CALIFORNIA PUC NUMBERS j✓_ A ❑Under 15,000 B ❑ 15,001 — 50,000 T— T— T— C ❑ 50,001 — 100,000 tri D ❑ 100,001 — 500,000 PSG ❑TCP PSG D TCP PSG D TCP E ❑ 500,001 — 1,000,000 D Psc D PSC D PSC F ❑ 1,000,001 — 2,000,000 ICC NUMBERS DOT NUMBER G ❑ 2,000,001 — 5,000,000 U.S.DOT EPN REQUESTER CODE r H � MoreOthan 10,000,000 ❑ MX D MX N FOR INSPECTION INSPECTION CATEGORY AMWISO J /, INSPECTION FINDINGS(number of violations) MAINTENANCE PROGRAM DRIVER RECORDS DRIVER HOURS BRAKES LAMPSISIGNALS CONNECTING DEVICES STEERING E SUSPENSION TIRES&WHEELS EQUIPMENT REQUIREMENTS CONTAINERSITANKS , f 0 HAZARDOUS MATERIALS VEHICLES PLACED OUT-OF-SERVICE nj � No HIM transported D No WM vioiations noted INSPECTION RATINGS: S--Satisfactory U_Unsatisfactory C_Conditional UR=Unrated N/A--Not applicable MAINTENANCE PROGRAM DRIVER RECORDS REG.EOUPMENT HAZARDOUS MATERIALS TERMINAL ✓� cC 2 2J 253 q 12 3 4� 4�_ 1--3-4— 161 1�2 ---r-,'3--5 4� TIME TIME IN TIME OUT U No. `; Time No. 1 D Time No. ( Time �' 2 CONTAINERS/TAWS VAPOR RECOVERY SYSTEMS BIT NON-err FEE DUE CHP 345 ISSUED CHP 10DO CARRIER TYPE CODE F1 D Yes COLUMN NO. No. "TIRIe'— Tests witr>es'"sed"—' 11R D No Elt (� INSPECTION LOCATION(NUMBER,STREET.CITY OR COUNTY) INSPECTED BY(NAME) _- I.D.NUMBER SUSPENSE DATE -n y -� j ` / A x Auto D None Z M MOTOR CARRIER CERTIFICATION 0 I hereby certify that all violations recorded on the attached pages(2 through ),will be corrected in accordance with applicable z provisions of the California Vehicle Code and the California Code of Regulations. I understand that I may request a review of ancc nsatisfactory rating by contacting the Motor Carrier Safety Unit Supervisor at( �) L t! within 5 calendar of the rating. RENT TERMINAL RATING CARRfGR REPRESENTATIVE'S SIGNATURE DATE CARRIER REPRESENTATIVES^PRINTED4AME i TITLE CA DRIVER'S M(ICENSE NUMBER \` Destroy previous editions. 96 878x0 �� 10 �f- z O ►-� o O ---- y I O =i I 3 D�I I'- _ ml < o W -1 'U C7 Z. z m 3 ' N o l 1 V D i z � m NO C-) om < m 3 r I tw ' �'' m I j n D I N O 7C to to � of w ml Xr t, I I OI zz r0 < z m zl ---- ---- ---- --- C 0 0 K-m I i mUl LN � t o 1 m G7 m 0 D O 0I M I W S m \ (n 0 3)-i m ! C H .� m O ---- ---- ---- --- -p -D+ 0 O - tJt = � nZ7X Z O m Z r + m >. o r -i +-� "0 > --- -i Z ---- -- --- C 0 m C) m z 'U ar m '� 00 x um TI ----- ---- --- m F 9 z m z m m o ---- ---- --- --- n 5 N N m 0 --i Z to to W ---- ---- �^-+ d ---- ---- z 1 -Di �-+ oom o m m vi D O T Z 0 m I� xl /o < om (AN -r! d W m 1 m v -Dio CmDO t m Z ---- ----- --- m� m ; -i M o m dm 1.4 (A OD 29 Or m z n z O m 1 --into m O o -i z z %0 o 6>m0 ---9 N n XN? a m z ~ > z0 ---- n n n r z -i m D O z z m -C i so d n< ---N Z D 0 \ O < <n_ m 0 m < tJi to 9 OroO --- Z c y9to m m -(M-4 --- O �I x n m 3 v Opp m 0 a Z N y y o n rI co o Dz ...� m y C) N ' o 3' m 1 0 Z (nl O 1 Z \ ti �� mI 1 N 1 m C m O N -4 ---mo NI m ---------- --Z- moc � m --- OIG +1 Q m _ W O W m d � r Z v p m C I 7C{ z � z in �I rl N o m N -N- o X 0o`D 0 o C o -i Dip I-�- o O m m D m < LnH3 Z o D D .1 � m a r m o Z r d a 1 z F-t ►-� 1 Z z 1 _ T 1 m C z M c a -G G7 i••a T o ° a _ O N y d x x 2 q : 0 m m m � � z '0 O m0 v t t`d M m rmz �'° Z z z H < z 0 m ' a s� c � m w m x to m m IF m D c -t < D a Q D p m m N ZC C=: m Z m m , N T 9 ..+ 0 y 0 m0----- ----- ----- O10 a 0 09 D O ----- - -- ---- m m n 3 w z z o EF z co { C 37 T Z D T .r m D Co- p to r mm m JJ m M p °�< rm �nDcn mx I m>t T"m' m m 000011 M 0 Dl 414 IREV.91941 � O -- T I <� m z >� 1 I I vl oi' pi 0> (no m 1\ nl -i C) m, X cr O Z xH m ---- ——-- ---- ---- ~' z'Zm m m'Apr mxm p (� o ----�---- ---- ---- � o b C7 3 -i m z = ml Q ii---- O3 CHy ———— ———— p ---- ---- ---- ---- I IZ (AO m m m m p x T m -- z z O mAB O O —i in m 0 m 'n o D m D 4 Z m -i ---- -----11---- O T D M D m x m O ---- 1---- Dm r C) m mn m v Z ---- m< SOH a m M < m 0r- D m o M M < .74 A N X31 m U)-i z O>M ---� iCA F3 Km D D N — F-1 'fl m D p? Z m c> N x < m o MME ---co Z z 0 mp-< rM m f— --- z m DAN m m m �m--4 � o zZA o Z-zrn --- m o o mm "o ov o Z mm T c �' ...� z m i z = m m c 1 Z m I---- ---- ---- mpc d m --- gypM { m < m N ' Z m O 1 (N m G7 m O o Ml r V o i I r+ oXN ' 1 C3 m -ro- Dir' n p >4 m z m c'n ?> V ;om n z Z r E G n T Z Z 1 � y < O F+ T O :j N N d T 0 2 e mzm m t� z O m -1 cc CAH zmA � z r m z min m Z-Iz t dmm c �0 1-, r 47 m r b 0 ;o3 m { o 0 om zz 1 m c� Z z D 3 (n Z -n mC) a --I "0 G7 T n ---- --- ---- 0 m mOZ M ;oM � i---- o C) � o mo Z' m o < E >m A Z o---- ---- m z C U, v I �O m N C r m z T W 3 T .►► O D CMD F m p (A mmm1) v m ox� I r,< v p D m m ( z A (�(�(�f� X00 - mm : VVVV12 z� D-A'4(REV.994) Agenda Item: A-6 Meeting Date: 10/22/96 * NOTICE: THE STAFF REPORT FOR THIS ITEM WILL BE DISTRIBUTED SEPARATELY. IT WAS NOT AVAILABLE AT THE TIME OF AGENDA PREPARATION, PENDING THE OUTCOME OF THE CITY CO NCIL'S BUDGET WORKSHOP ON 10/17/96. UU�U�3 REPORT TO CITY COUNCIL AGENDA ITEM: A-g CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 13/22/96 From: Alicia 1. Lara, Personnel Analy SUBJECT; Agreement between City of Atascadero and Zoological Society of San Luis Obispo County to provide Zoo Education Services. RECOMMENDATION: Adopt Resolution 9496 amending an agreement with Zoological Society of San Luis Obispo County. BACKGROUND: The City has had an agreement with Zoological Society of San Luis Obispo County since December 1992.'The purpose of the agreement is to provide Zoo Education services to the City,through the employment of a Zoo Education Coordinator. The funding of this position is paid for by the Zoological Society on a reimbursement basis,per the contract. The amendment will allow for a merit increase for the incumbent, based upon s tisfactory performance in the position. DISCUSSION: This position was first adopted in December 1992. At that t me there was only one hourly rate for part time, extended term, and seasonal positions. SincE that time the City has adopted a five step salary range for each position in a part time, extenc ed term or seasonal capacity, except the aforementioned position. Due to the contrac language, the Zoological Society could only reimburse the City for costs not to exceed $7,150, which limited the classification to one step at a rate of$6.95 per hour. The amendment to the contract will allow for five steps in this salary range. The five steps are five percent(5%)apart,from step A to E. This change will bring this position in line with all the other positions on the salary schedule, thus allowing for merit increases. The incumbent will be eligible for advances, based upon the Part-Time, Extended Term and Seasonal Policy. FISCAL IMPACT: There will be no fiscal impact to the City, as this position if fully funded (on a reimbursement basis) by the Zoological Society. Attachments: Resolution No. 9496 Contract -6- 00003,15 RESOLUTION NO. 94-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT G EMENT WITH ZOOLOGICAL SOCIETY OF SAN LUIS OBISPO S O COUNTY TO PROVIDE ZOO EDUCATION SERVICES The City Council of the 't y of Atascadero, California hereby resolves as follows. 1. The City Manager is hereby authorized to execute an agreement with Zoological Society of San Luis Obispo County for the purpose of providingzoo education services, , through the employment of a Zoo Education Coordinator. 2 The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical:nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds and issue warrants to comply with the terms of this agreement. pY 9 PASSED AND ADOPTED at the regular meeting of the Cit Council of the Ci of Atascadero Y i City held on the 22nd ofcto O ber 1996. ATTEST: CITY OF ATASCADERO LEE PRICE Cit Clerk Y GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: . ARTHER R. MONTANDON, City Attorney -7- 00001 Contract No. AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE ZOOLOGICAL SOCIETY OF SAN LUIS OBISPO COUNTY TO PROVIDE ZOO EDUCATION SERVICES This agreement is made upon the date of execution, as set forth below, by and between The Zoological Society of San Luis Obispo County , hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City."The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 SPECIFIC PROVISIONS 1.01 PURPOSE: The purpose for this agreement is to provide zoo education services. Such services will be provided through the employment of a temporary, part-time Zoo Education Coordinator. City will employ a Zoo Education Coordinator with all direct costs reimbursed by the Contractor. 1.02 REPORTING RELATIONSHIPS: The Zoo Education Coordinator will report to the Zoo Manager, or his/her designee, for daily supervision and direction. Overall direction of zoo education services will reside with the Contractor. 1.03 ZOO EDUCATION SERVICES DEFINED: Zoo Education Services shall be limited to those duties and tasks as set forth in Exhibit A, entitled "Job Duties". Zoo Education Services shall specifically preclude volunteer docent duties at the Zoo. 1.04 RESOLUTION OF DISPUTES: In the event the Zoo Education Coordinator has questions or concerns regarding the overall direction of the Zoo Education Program, he/she shall initially discuss such concerns directly with the Zoo Manager. If such discussions at that level do not lead to a resolution, the Zoo Education Coordinator shall discuss his/her concerns with the Contractor's Director of Education. 1.05 COMPENSATION/REIMBURSEMENT OF EXPENSES: The City agrees to pay an hourly wage , workers' compensation and any related payroll taxes for the Zoo Education Coordinator. Payroll records shall be prepared and maintained to verify such charges. Any related expenses, such as mileage or training, must be approved in advance by the Contractor. On a monthly basis, the City shall bill the Contractor for all direct expenses associated with the Zoo Education Coordinator. Payment shall be due and payable upon presentation of the monthly statement. -1- 000017 The annual amount of reimbursement to the City Y b the Contractor shall not exceed Eight Thousand, Nine Hundred Dollars ($8,900.00), not including Contractor-approved expenses as set forth above. The salary range shall consist of five (5) steps, A, B, C, D and E, with A being the lowest and E being the highest. There shall be a five percent(5%) difference between steps. The steps shall be set as follows: A- $6.95 B- $7.30 C- $7.66 D- $8.05 E- $8.48 2.00 GENERAL PROVISIONS 2.01 TERM: This agreement will become effective on the date of execution set forth below and will continue in effect until terminated as provided herein. 2.02 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 2.03 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 2.04 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 2.05 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 3.03. 2.06 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 2.07 INDEMNIFICATION: Contractor hereby agrees to, and shall hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or -2- 000018 by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor 2.08 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason of any'sact of god, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 2.09 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Attention: (Finance) Zoological Society of P.O. Box 8 San Luis Obispo County Atascadero,CA 93423 Attention: President 2.10 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 2.11 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 2.12 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or -3- 000019 unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 2.13 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 2.14 TIME: Time is expressly declared to be of the essence of this agreement. 2.15 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 2.16 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only and are not intended to be construed to define or limit the provisions to which they relate. 2.17 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. 3.00 TERMINATION OF AGREEMENT . 3.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. 3.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 3.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 3.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. -4- 000020 3.04 TERMINATION: This agreement shall terminate on June 30, 1997, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this agreement beyond the termination date, as+needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. Executed on , 199—,at Atascadero, California. Attest: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor Approved as to form: By: ARTHER R. MONTANDON, President, Zoological Society City Attorney -5- 000021 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item B-1 (A-C) Through: Andrew Takata, City Manager Meeting ate: 10-8-96 From: teven L.- DeCamp, Acting Director File o: GPA 96005 ZC 96007 SUBJECT: Amendment of the General Plan Land Use Map changing the land use designation of the property located at 7350 Navajoa Avenue from ROfficeN to XHigh Density Single Famly . The proposal includes a concurrent amendment to the Zoning Ordinance Map changing the zoning district from lCommercial Professional (CP)l to ILimited Single Family (LSF-X)l at the same location. RECOMMENDATION• rr 1. Find the Negative Declaration prepared f037 the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. Planning Commission and Staff recommend Aligroval. 2. Approve Resolution No. 86-96 amending the Land Use Map of the General Plan by modifying the land use designation of the site from ROfficeN to lHigh Density Single Family . Planning Commission and Staff recommend a roval. 3. Read by title only and approve on first reading Ordinance No. 315 amending the Zoning ordinancE by changing the zoning district shownonthe Zoning Ordinance Map for the site from 1CP5 (Commercial Professional) tc ILSF-XI (Limited Single Family - High Density) . Planning Commission and Staff recommend approval. BACKGROUND: On October 1, 1996, the Planning Commission conducted a public hearing on the above referenced application. After discussion, the Commission voted unanimously (with Commissioner Wallace absent) to recommend that the Council approve the requested General Plan and Zoning Ordinance revisions. ATTACHMENTS: 1 Resolution #86-96 2. Ordinance #315 3. Planning Commission Staff Report - 10/1/96 4. Planning Commission Minutes - 10/1/96 000 RESOLUTION NO. 86-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT BY AMENDING THE LAND USE MAP DESIGNATION FROM OFFICE TO HIGH DENSITY SINGLE FAMILY ON PROPERTY LOCATED AT 7325 NAVAJOA (GPA 96005; Kleinhammer) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan Land Use Element, which was adopted in 1992 to guide the City's general growth, 'needs to be revised with respect to the subject property; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the proposed General Flan amendment on October 1, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 96005 as follows: 1. Amendment to the Land Use Map as shown on the attached Exhibit A. 00001,31 Resolution No. 86-96 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Community Development Director 000025 RESOLUTION NO. 86-96 EXHIBIT A Page 1 of 1 * 7 " NI s AaG s 4 V Ir I rAsc�o P �N•J*k / Z y "High Density Single Family" (Office) New Designation="ABC" Old Designation=(XYZ) 0Of)Ulot!6 ORDINANCE NO. 315 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 7325 NAVAJOA AVENUE FROM COMMERCIAL PROFESSIONAL TO LIMITED SINGLE FAMILY (LSF-X) (ZC 95007; Kleinhammer/Cannon) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on October 1, 1996 and has recommended approval of Zone Change 95007. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended as shown on the attached Exhibit A which are hereby made a part of this ordinance by reference. 00002'7 Ordinance #315 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Community Development Director 000028 ORDINANCE NO. 315 EXHIBIT A Page_1 of Ed 0 , m � O J Nf 4R _ Q O A G t S g 4V ARG P y G P ti �1'ASGAD I 41 j R "LSF — X" (CP) KFJG• New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 000029 CITY OF ATASCADERO Item B . 2 STAFF REPORT FOR: Planning Commission MEETING DATE: 10-1-96 BY: Steven Steven L. DeCamp, Acting Director FILE NO: GPA 96005 p" ZC 96007 SUBJECT: Amendment of the General Plan Land Use Map changing the land use designation of the property located at 7350 Navajoa Avenue from "Office" to "High Density Single Family". The proposal includes a concurrent amendment to the Zoning Ordinance Map changing the zoning district from "Commercial Professional (CP) " to "Limited Single Family (LSF-X) " at the same location. RECOMMENDATION The Planning Commission should recommend the following actions for the City Council' s consideration: 1 . Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. 2 . Approve Resolution No. 86-96 amending the Land Use Map of the General Plan by modifying the land use designation of the site from "Office" to "High Density Single Family". 3. Approve Ordinance No. 315 amending the Zoning Ordinance by changing the zoning district shown on the Zoning Ordinance Map for the site from "CP" (Commercial Professional) to "LSF-X" (Limited Single Family - High Density) . SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2 . Representative. . . . . . . . . . . . . . .Cannon Associates 3 . Project Address . . . . . . . . . . . . . .7350 Navajoa 4 . General Plan Designation. . . . .Office 000030 Staff Report GPA 96005 ZC 96007 October 1, 1996 5. Zoning District. . . . . . . . . . . . . .CP (Commercial Professional) 6. Site Area. . . . . . . . . . . . . . . . . . . . 0. 39 acres 7 . Environmental Status. . . . . . . . .Negative Declaration posted September 6, 1996 BACKGROUND: This property is one of several commercially zoned parcels that extend through from Morro Road to Navajoa Avenue. Although it would be desirable to amend the zoning of the Navajoa Avenue frontage of all of these parcels to a residential designation, it has not been this City' s practice to "split" the land use designation on such parcels. In the current case, however, an earlier tentative parcel map approval gives the opportunity to correct the land use designation and zoning district. ANALYSIS: The study area consists of approximately 0 .70 acres of property located between Morro Road and Navajoa Avenue. The previously approved tentative parcel map (TPM 96003) created three (3) parcels containing a total of 0.31 acres with frontage on Morro Road. Two (2) lots containing a total of approximately 0 . 39 acres have frontage on Navajoa Avenue. The property is currently vacant. A copy of the staff report regarding the tentative parcel map is included as Attachment D. Experience has shown that the intrusion of commercial land uses into residential neighborhoods causes undo burdens to both land use types. Increases in traffic, noise, light and glare generated by commercial uses have adverse impacts on residential areas . The parking areas required by office and commercial developments are not compatible with typical residential aesthetic values . Land values and quality of life issues both suffer as a result of these intrusions. Because of these problems, commercial developments are often pressured to modify their operations and appearance to appease their residential neighbors. This application for general plan and zoning ordinance amendments provides an opportunity to eliminate one area of potential conflict between commercial and residential uses. The three lots located on Morro Road will be appropriate for commercial development and use. The two parcels with frontage on Navajoa Avenue are best suited for single family residential development 000031 Staff Report GPA 96005 ZC 96007 October 1, 1996 because this use is consistent with the existing uses on neighboring parcels. CONCLUSIONS: The recommended General Plan and concurrent Zoning Ordinance amendments will provide for a more consistent pattern of development along Navajoa Avenue by eliminating the potential for commercial intrusion into the residential neighborhood. The recommended amendments should be a benefit to the entire residential area without adversely impacting futurecommercial development along Morro Road. ATTACHMENTS: Attachment A - Location Map: General Plan Map Attachment B - Location Map: Zoning Map Attachment C - Negative Declaration Attachment D - TPM 96003 Staff Report Attachment E - Draft Resolution #86-96 Exhibit A - Proposed Land Use Map Attachment F - Draft Ordinance #315 Exhibit A - Proposed Zoning Ordinance Map 000032 Attachment A CITY OF ATA5CADERO _ Location Map - General Plan a COMMUNITY DEVELOPMENT GPA 96005 DEPARTMENT Z 96007 .:WSJ' Jr �•••. Y. ll •r•• :i t� . L� V: �'. :r• 1 f.• _ • •f. •^T • r r: No - .-�.' _ _ �`•• '� -l•,:' :�r t' FST. It .. It `h •.,, �,,,, 'CCS .c `z� /i� `,;,;. _y (3•www, \ �... i' 0000.33 Attachment B CITY OF ATASCADERO - Location Map - Zoning • A Q COMMUNITY DEVELOPMENT GPA 96005 DEPARTMENT ZC 96007 r4 J e ,• V• j , �r Y + CIS t� ! �y k �f 'ANCQES Ad iA 411 1 v g Cr -- 2 2 r .�.\ham._ _. v t -� .( -_� •�,,, J' fL f. = XGA 1� t C-3-) < + �.�-- .,� •UZHI RSF • 'Z'" OOOU3,1 Attachment C CITY OF ATASCADERO " u T ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION* COMMUNrrY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: (0660 NAq&&Z)A A uG CA 34-22. PROJECT TITLE: 4—E-_0e-XA4.. rLAM 4/Ke-/ J)#iiZ J-r 9(o aca� PROJECT LOCATION: ..7 3 7V WAV X43 DA "eAjOl A a31 -- aSi - o3y PROJECT DESCRIPTION: SEW 9 MOP l r'7z,.IAA v(":ic-6- Z", W4,1r L FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department). it has been determined that the above project will not have an adverse impact on the environment. � �Jd;4_•..DEGIk�I'� 4071 k�CT Community Development Director Date Posted: y• 9(a Date Adopted: CDD 11-8; 000035 Attachment D CITY OF ATASCADERO Item: B . 3 STAFF REPORT FOR: Planning Commission MEETING DATE: 7-2-96 BY: 4r-- Steven L. DeCamp, City Planner FILE NO: TTM 96003 SUBJECT: Consideration of a subdivision of one (1) lot containing 0 .7 acres into five (5) parcels ranging in size from 4,458 square feet to 8,500 square feet. The site is located at 7350 Morro Road and extends through to Navajoa Avenue. RECOMMENDATION• Staff recommends that the Commission: 1 . Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act and the state and local guidelines for its implementation; and 2 . Approve Tentative Tract Map 96003 based on the Findings for Approval contained in Exhibit E and subject to the Conditions of Approval contained in Exhibit F. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2 . Representative. . . . . . . . . . . . . . .Cannon Associates 3 . Project Address . . . . . . . . . . . . . .7350 Morro Road 4 . General Plan Designation. . . . .Office 5 . Zoning District. . . . . . . . . . . . . .CP (PD-3) 6 . Site Area. . . . . . . . . . . . . . . . . . . . 0 .7 acres 7 . Existing Use. . . . . . . . . . . . . . . . .Vacant 8 . Environmental Status . . . . . . . . .Negative Declaration posted June 10, 1996 ANALYSIS• The proposed subdivision will create five parcels totalling 0 . 7 acres . The three ( 3) parcels which will have frontage on Morro Road are proposed to be 4, 458 square feet each. The two (2 ) 000036 STAFF REPORT TTM 96003 July 2, 1996 Page 2 remaining parcels, which will have frontage on Navajoa Avenue, will each contain 8,500 square feet. The site is currently zoned Commercial Professional with a Planned Development 3 overlay. The zoning is in conformance with the property' s "Office" general plan designation. The PD-3 overlay provides design guidelines to enhance the appearance of projects from Morro Road and to protect residential values on adjacent streets. There is no minimum lot size for parcels in the CP zone. It is the applicant' s intention to pursue general plan and zoning ordinance amendments to allow residential development on the two new lots that will front on Navajoa Avenue. Although the staff analysis of this proposal is not as yet complete, it appears at this point that the proposed amendments to the general plan and zoning maps will receive staff support. Such support would be consistent with a similar amendment affecting commercially zoned property on Navajoa Avenue previously approved by the Planning Commission and City Council. In the event that the general plan is not amended to allow residential development on Navajoa, this tentative map has been has attached conditions of approval that would preclude access from Navajoa. Access for non-residential development would be required to be by easement from Morro Road. In addition, setback standards will be imposed to preclude unnecessary physical and visual intrusion into the adjacent residential .neirthborhood. CONCLUSIONS• The proposed subdivision appears to be a reasonable precursor to modification of the general plan and zoning ordinance to allow residential development on Navajoa Avenue and a continuation of office development along Morro Road. The tentative map is conditioned to protect residential values along Navajoa if the anticipated general plan amendment is not completed. ATTACHMENTS : Exhibit A - Negative Declaration Exhibit B - Location/General Plan Map Exhibit C — Location/Zoning Map Exhibit D - Tentative Tract Map Exhibit E - Findings for Approval Exhibit F - Conditions of Approval 00003'7 Attachment E DRAFT RESOLUTION NO. 86-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT BY AMENDING THE LAND USE MAP DESIGNATION FROM OFFICE TO HIGH DENSITY SINGLE FAMILY ON PROPERTY LOCATED AT 7350 NAVAJOA (GPA 96005; Kleinhammer/Cannon) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan Land Use Element, which was adopted in 1992 to guide the City's general growth, ;needs to be revised with respect to the subject property; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the proposed General Plan amendment on October 1, 1996; and . WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant affect on the environment. The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 96005 as follows: 1. Amendment to the Land Use Map as shown on the attached Exhibit A. 000038 Resolution No. 86-96 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Community Development Director 000039 RESOLUTION NO. 86-96 EXHIBIT A Page 1 of 1 G4 S i E ~ I tASCAO Fi I i � I _ x a y ' , g "High Density Single Family" (Office) I�rr New Designadon="ABC' Old Desigmdon=(XYZ) 0000,10 Attachment F DRAFT ORDINANCE NO. 315 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 7350 NAVAJOA AVENUE FROM COMMERCIAL PROFESSIONAL TO LIMITED SINGLE FAMILY (LSF-X) (ZC 95007; Kleinhammer/Cannan) WHEREAS, the proposed zoning map amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on October 1, 1996 and has recommended approval of Zone Change 95007. is NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended as shown on the attached Exhibit A which are hereby made a part of this ordinance by reference. 000041 Ordinance #315 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance ;is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, Acting Community Development Director 000042' � r 1� f � � e MINUTES EXCERPTS Planning ission Meeting, October 1, 1996 ACTION: Deny the ap l based on the Findin for Denial contained in the Precise an (Attachment Motion: Johnson Second: Bowen AYES: Johnso owen, Sauter, Hage , Zimmerman, Edwards NOES: e ABSF Wallace MOTION PASSED: 6:0 B. 2. GENERAL PLAN AMENDMENT 96005/ZONE CHANGE 9fi007 : Consider an amendment of the General Plan Land Use Map changing the land use designation from "Office" to "High Density Single Family" . The proposal includes a con-current amendment to the Zoning Ordinance Map changing the zoning district from "Commercial Professional (CP) " to "Limited Single Family (LSF-X) " . Subject site is located at 7350 Navajoa Avenue. (Kelly Gearhart/Cannon Associates) . STAFF RECOMMENDATION: (Davidson/DeCamp) The Planning Commission should recommend the following actions for City Council consideration: 1. Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. 2 . Approve Resolution No. 86-96 amending the Land Use Map of the General Plan by modifying the land use designation of the site from "Office" to "High Density Single Family" . 3 . Approve Ordinance No. 315 amending the Zoning Ordinance by changing the zoning district shown on the Zoning Ordinance Map for the site from "CP" (Commercial Professional) to "LSF-X" (Limited Single Family - High Density) . TESTIMONY: None. (Page 4 of 7 ) 000044 Planning Commission Meeting, October 1, 1996 i ACTION: Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act and the State and local guidelines for its implementation. Motion: Bowen Second: Sauter AYES: Bowen, Sauter, Hageman, Johnson, Zimmerman, Edwards NOES: None ABSENT: Wallace MOTION PASSED: 6:0 ACTION: Approve Resolution No. 86-96 amending the Land Use Map of the General Plan by modifying the land use designation of the site from "Office" to "High Density Single Family" . Motion: Bowen Second: Sauter AYES : Bowen, Sauter, Hageman, Johnson, Zimmerman, Edwards NOES: None ABSENT: Wallace MOTION PASSED: 6:0 ACTION: Approve Ordinance No. 315 amending the Zoning Ordinance by changing the zoning district shown on the Zoning Ordinance Map for the site from "CP" (Commercial Professional) to "LSF-X" (Limited Single Family - High Density) . Motion: Bowen Second: Sauter AYES : Bowen, Sauter, Hageman, Johnson, Zimmerman, Edwards NOES: None ABSENT: Wallace MOTION PASSED: 6:0 (Page 5 of 7) 000045 REPORT TO CITY COUNCIL Agenda tem: C-1 CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 10122/96 City Manager File Number: ZC 95003 From: p by Steven L. DeCamp Acting Community Development Director SUBJECT: Adoption of an ordinance amending the Zoning Ordnance Text by creating a (CPR) Commercial Park Zoning District, adding Planned Development Overlay No. 10 and amending Map 23 of the Official Zoning Maps by rezoning certain real property located at 11500 El Camino Real from (RS) Residential Suburban to (CPK) ommercial Park with (FH) Flood Hazard and (PD10) Planned Development #10 Overlays and (RMF-16) High Density Multiple Family. (City of` Atascadero/ Hendrix) RECOMMENDATION: Approval and adoption of Ordinance No. 311 on seco' d reading. BACKGROUND: On October 8, 1996, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 311 on first reading. /ph Attachment: Ordinance No. 311 0000,16 ORDINANCE NO. 311 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT BY CREATING A (CPK) COMMERCIAL PARK ZONING DISTRICT, ADDING PLANNED DEVELOPMENT OVERLAY NO. 10 AND AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 11500 EL CAMINO REAL FROM (RS) RESIDENTIAL SUBURBAN TO '(CPK) COMMERCIAL PARK WITH (FH) FLOOD HAZARD AND (PD10) PLANNED DEVELOPMENT #10 OVERLAYS AND (RMF-16) HIGH DENSITYMULTIPLE FAMILY (ZC 95003; City of Atascadero/Hendrix) WHEREAS, the proposed zoning map and text amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et _seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments may have a significant adverse impact upon the environment. The Environmental Impact Report and recommended mitigation measurespreparedfor the project are adequate; and WHEREAS, the Atascadero Planning Commission held aP ublic hearing on August 20, 1996 and has recommended approval of Zone Change "95003 NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposals are compatible with the surrounding land use and zoning. 2. The proposals are consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3. The proposals will not result in any significant adverse environmental impacts. The Environmental Impact Report prepared for the project is adequate. 4 Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5 Modification of development standards or processing 000047 Ordinance #311 . Page 2 requirements will enhance the opportunity ,to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Section 2. Zoning Map. Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Section 3. Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibits B and C. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By. GEORGE P. HIGHLAND, Mayor 000048 Ordinance #311 Page 3 ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DeCAMP, City Planner 0000,19 ORDINANCE NO. 311 MEQ'. �AGENDA (REVISED) ` EXHIBIT A DATEiT�M �:.� Page 1 of 1 oP v d i RMF 10 0 � y � (RS)� M 4 iNo > c A41 sAN�A kF4 t "CPK (FH) (PD12) " o°10 (RS FH) a a 1 M , a 1 a H T w 4s 4►.F 04D New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 0000A ORDINANCE NO. 311 EXHIBIT A Page 1 of 1 RMF 1 vr�o i / I (RS) Cq XN / "CPK (FH) (PD12) " Q9 i (RS FH) / ; ` F qp / 4 Z � � 77" L i 041) New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 000050 EXHIBIT B REVISED DRAFT (October 8, 1996) CPK (Commercial Park) Zone 9-3.251 . Purpose: This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. 9-3.252 . Allowable Uses: The following uses shall be allowed in the Commercial Park. Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this Title: (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers (See Section 9-6. 163) (c) Accessory storage (See Section 9-6.165) (d) Broadcasting studios (e) Building materials and hardware (See Section 9-6. 165) (f) Business support services (g) Contract construction services (h) Electronic and scientific instruments (i) Farm equipment and supplies (j ) Food and kindred products (See Section 9-6.1280 (k) Fuel and ice dealers (See Section 9-6. 129) (1) Furniture and fixtures (m) Horticultural specialties (See Section 9-6. 116) (n) Laundries and dry cleaning plants (o) Light repair services (p) Mail order and vending (q) Roadside stands (See Section 9-6.117) 000051 (r) Schools - business and vocational (See Section 9-6. 125) (s) Small scale manufacturing (t) Stone and cut stone products (u) Temporary events (See Section 9-6.177) (v) Temporary or seasonal sales (See Section 9-6.174) (w) Utility transmission facilities (x) Wholesaling and distribution (aa) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of 20, 000 square feet of floor area: (1) Eating and drinking places (2) Financial services (3) Food and beverage retail sales (4) Furniture, home furnishings and equipment (5) General merchandise store 9-3.253. Conditional Uses: The following uses may be established in the Commercial Park Zone. The establishment of conditional uses shall be as provided by Chapter 2 of this Title: (a) Auto repair and services (See Section 9-6.130) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Glass products (e) Lumber and wood products (f) Machinery manufacturing (g) Paper products (h) Paving materials (i) Pipelines (j ) Plastics and rubber products 000052 (k) Public assembly and entertainment (1) Sales Lots (See Section 9-6.139) (m) Structural clay pottery products (n) Textile mills (o) Transit stations and terminals (p) Vehicle and equipment storage (See Section 9-6. 183) (q) Warehousing 9-3.254 . Lot Size: The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. 9-3.255. Development Standards: the following development standards may be modified through the Conditional Use Permit process. (a) Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty inches (30") in height. (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. (c) All new and existing utilities shall be installed underground. 000053 (REVISED) EXHIBIT C Planned Development Overlay #12 9-3.656. Establishment of Planned Development Overlay Zone No. 12 (PD 12) . Planned Development Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9- 1. 102 ) . The following development standards applicable therein are also established and are in addition to any other development standards established by this ordinance; (a) All physical development of the site shall conform to an approved Master Plan of Development. An application for a Master Plan of Development shall be made in the same form as that prescribed for a conditional use permit. (b) A hydrologic and aquatic biological study(ies) shall be prepared as part of Mater Plan of Development. These studies shall delineate potential wetland areas and establish suitable setbacks from wetland areas and/or creeks. (c) Future development shall mitigate anticipated traffic impacts as recommended by the Program EIR and any subsequent traffic studies prepared to determine the phasing of required improvements. (d) Sewer service for future development shall be provided via a main extension. A specific sewer service study to be prepared as part of the Master Plan of Development shall determine the most suitable sewer main route. (e) A specific noise modeling analysis prepared as part of the Master Plan of Development shalladdress appropriate setbacks, or other appropriate noise attenuation methods. The analysis shall also address cumulative noise levels and appropriate mitigation measures. (f) A fire safety mitigation plan shall be prepared as part of the Master Plan of Development to determine the appropriate fire storage and flow requirements. The fire safety mitigation plan shall also address building height exceptions, and the requirements for fire sprinklers and alarms. (g) The Master Plan of Development shall include a site landscaping plan. The landscaping plan shall provide for retention/preservation of native oak trees 000054 (REVISED) to the greatest extent feasible. The landscaping plan shall also address water conserving irrigation plans and drought resistant plant materials. (h) The Master Plan of Development shall include the following design standards: ( 1) A landscaped buffer along all street and highway frontages and adjacent to residential uses. (2) Topographical changes along Highway 101 shall be minimized. (3) Oak trees on the site shall be preserved and protected to the greatest extent feasible. (4) Creeks shall be integrated as aesthetic features in the site plan. Paloma Creek shall not be piped nor shall the creek channel be lined with concrete. 000055 REPORT TO CITY COUNCIL Agenda tem: C-2 CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 10/22/96 City Manager File Number: ZC 96005 From: p Steven L. DeCamp Acting Community Development Director SUBJECT: Adoption of an ordinance amending the Zoning Ordinance Text by the addition of a (CPK) zoning district and amending Map 11 of the Official Zoning Maps by rezoning certain real property -located at 2600 El Camino Real from (IP) Industrial Park to (CPK) Commercial Park. (Johns/Churchill) RECOMMENDATION• Approval and adoption of Ordinance No, 313 on, seco d reading. BACKGROUND: On October 8, 1996, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 313 on first reading, /ph Attachment: Ordinance No. 313 000056 ORDINANCE NO 313 AN ORDINANCE OF, THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT BY THE ADDITION OF A (CPK) ZONING DISTRICT AND AMENDING MAP 11 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT 2600 EL CAMINO REAL FROM (IP) INDUSTRIAL PARK TO (CPK) COMMERCIAL PARK (ZC 96005; Johns/Churchill) WHEREAS, the proposed zoning ordinance amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on September 3, 1996 and has recommended approval of Zone Change 96005, NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 The proposal is compatible with the surrounding land use and zoning, 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3 The proposal will not- result in any significant adverse environmental impacts The Negative Declaration prepared for the project is adequate. Section 2. Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. 00005'7 ORDINANCE NO. 313 PAGE 2 Section 3 Zoning Map. Map number 11 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended as shown on the attached Exhibit b which is hereby made a part of this ordinance by reference. Section 4 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED: By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 000058 EXHIBIT A CPK (Commercial Park) Zone 9-3.251. Purpose: This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. 9-3.252. Allowable Uses: The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this Title: (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers (See Section 9-6.163) (c) Accessory storage (See Section 9-6.165) (d) Broadcasting studios (e) Building materials and hardware (See Sectio. 9-6. 165) (f) Business support services (g) Contract construction services (h) Electronic and scientific instruments (i) Farm equipment and supplies (j ) Food and kindred products (See Section 9-6. 1280 (k) Fuel and ice dealers (See Section 9-6.129) (1) Furniture and fixtures (m) Horticultural specialties (See Section 9-6. 116) (n) Laundries and dry cleaning plants (o) Light repair services (p) Mail order and vending (q) Roadside stands (See Section 9-6.117) V00060 (r) Schools - business and vocational (See Section 9-6.125) (s) Small scale manufacturing (t) Stone and cut stone products (u) Temporary events (See Section 9-6.177) (v) Temporary or seasonal sales (See Section 9-6.174) (w) Utility transmission facilities (x) Wholesaling and distribution (aa) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of 20, 000 square feet of floor area: (1) Eating and drinking places (2) Financial services (3) Food and beverage retail sales (4) Furniture, home furnishings and. equipment (5) General merchandise store 9-3.253. Conditional Uses: The following uses may be established in the Commercial Park Zone. The establishment of conditional uses shall be as provided by Chapter 2 of this Title: (a) Auto repair and services (See Section 9-6. 130) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Glass products (e) Lumber and wood products (f) Machinery manufacturing (g) Paper products (h) Paving materials (i) Pipelines (j) Plastics and rubber products 000061 (k) Public assembly and entertainment (1) Sales Lots (See Section 9-6. 139) (m) Structural clay pottery products (n) Textile mills (o) Transit stations and terminals (p) Vehicle and equipment storage (See Section 9-6. 183) (q) Warehousing 9-3.254. Lot Size: The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. 9-3.255. Development Standards: the following development standards may be modified through the Conditional Use 'Permit process. (a) Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty inches (30") in height. (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. (c) All new and existing utilities shall be installed underground. 000062