HomeMy WebLinkAboutAgenda Packet 10/22/1996 *PU 'IC REVIEW COPY
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ATASCADERO CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 1996'
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
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7:00 P.M.
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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
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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 $
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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)
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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) ;
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D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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)
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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.
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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
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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 \`
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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 "
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"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
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41
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"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
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0000.33
Attachment B
CITY OF ATASCADERO
- Location Map - Zoning
• A Q
COMMUNITY DEVELOPMENT GPA 96005
DEPARTMENT ZC 96007
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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
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tASCAO Fi
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"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