Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 12/10/1996
ARIA TORGERSON CITY ICLERK ATASCADERO CITY COUNCIL REGULAR MEETING ! 3 DECEMBER 10, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROW 7:00 P.M. George Jerry Ray Harold Ken Luna Clay JAno nCarden Lerno This agenda is prepared and posted pursuant to the requirements: f Government code Section 54954.2. By listing a topic on this agenda, the City Council ha expressed its intent to discuss and act on each item. In addition to any action identified in t e brief general description of each item, the action that may be taken,shall include. A referr 1 to staff with specific requests for information;continuance;specific direction to staff concei 7ing the policy or mission of the item discontinuance of consideration; authorizationto enter into negotiations and execute:,agreements pertaining to the item; adoption or pproval; 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 2 8) and in the Information Office (Room 103), available for public inspection during City Hall usiness hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need sp al assistance to participate in a City meeting of other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (8051461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangementscan be made to provide accessibility to the meeting or service.' 6:30 P.M. - CLOSED SESSION: 1) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Closed session held pursuant to Government Code Section 5495 .9 Name of case: McHale v. City of:Atascadero, et al 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Particiaatio back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENTS: • Review committee appointments i COMMUNITY FORUM I A,. CONSENT CALENDAR: A(l 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 October 8,'1996(cont'd from 11/26/96) (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES October 23 1996 (Special Meeting) (cont'd from 11/26/96) (City Clerk's recommendation: Approve) 3. CITY COUNCIL MINUTES November 12, 1996 (City Clerk's recommendation: Approve) 4. CITY COUNCIL MINUTES November 20, 1996 (Special Meeting) (City Clerk's recommendation: Approve) 5. APPROVAL OF WARRANTS - November, 1996 (Staff recommendation: Approve) 6. TENTATIVE TRACT MAP 96002, 1950 TRAFFIC WAY - Consideration application to divide an existing 7.36-ac. lot into two (2) parcels of 2.95 and 4.41 acres for single family residential use (Barrett/Daniel J. Stewart & Associates) (Planning Commission/Staff recommendation: Approve) 7. RESOLUTION NO. 107-96 - Authorizing an agreement with Whitaker Contractors, Inc., for construction of wastewater gravity main across Atascadero Creek (Bid #96- 07) (Staff recommendation: Adopt) , 8. RESOLUTION NO. 108-96 Authorizing an agreement with A-Jay Excavating for' construction of Wastewater Pumping Station No. 5 Forcemain (Bid-#96-08) (Staff recommendation:. Adopt) 9. RESOLUTION NO. 109-96 - Approving salaries & benefits for Confidential' employees (Staff recommendation: Adopt) 10. RESOLUTION NO. 110-96 - Approving a Memorandum of Understanding between the City of Atascadero and the Atascadero Fire Captains Bargaining Unit (Staff recommendation: Adopt) 11. RESOLUTION NO. 111-96 - Approving'a Memorandum of Understanding between the City of Atascadero and the Atascadero Firefighters Association (Staff recommendation: Adopt) B. PUBLIC HEARINGS: 1. CONSTRUCTION OF BIKE LANES AND BIKE ROUTES (Planning Commission recommendation: Authorize staff to complete the design and advertise for bid the El Camino and Traffic Way Bikeway Projects) 2. GENERAL PLAN AMENDMENT 96001/ZONE CHANGE 96003, 505 EL CAMI!NO' REAL A. Resolution No. 96-96 - Approving an amendment to the l nd use map by changing the land use designation of certain real property at 9505 E) Camino Real from Retail Commercial to High Density Multiple Family Residential (Planning Commission/Staff recommendation: Adopt) B. Ordinance No. 317 Amending the official City zoning mz p by rezoning certain real property at 9505 EI Camino Real from CR (Co mercial Retail) to RMF-16 (High Density Multiple;Family Residential) (Planning Commission/Staff recommendation: Motion to vraive,reading in full and introduce on first reading, by title only) 3. GENERAL PLAN AMENDMENT 96002/ZONE CHANGE 96004, 51'102 TRAFFIC WAY A. Resolution No. 97-96 - Approving an amendment to the la id use map by changing the land use designation of certain real property 3t 5802 Traffic', Way from Downtown Pedestrian Commercial to High Den ity Multiple Family Residential (Planning Commission recommendation: Deny/Staff recommendation: Adopt) B. Ordinance No. 318 - Amending the official City zoning map by rezoning certain real property at 5802 Traffic Way from Downtown Pedestrian Retail Overlay to RMF-16 (High Density Multiple Family Resident al) (Planning Commission recommendation: Denyl�Staffrgcornmendqdqx Motion to waive reading in full and introduce on first readi 7g, by title only) C. REGULAR BUSINESS: 1. RESOLUTION N0. 106-96 - Authorizing the cancellation of debt to the City's General Fund from the:Atascadero Community Services Foundat n (Staff recommendation: Adapt and provide direction) 2. EQUIPMENT PURCHASE - AB 3229 Grant Funds (Staff recommendation: Approve) 3. SCHEDULE A DATE FOR CITY COUNCIL'WORKSHOP ON THE DI L-A-RIDE PROGRAM (Staff recommendation: Set date at Council's discretion) D. COMMITTEE REPORTS (The following represent standing commits es. Informative status reports will be given, as felt necessary.): 1. S.L.O. County Mayors Group 2. S.L.O. Council of Governments/S.L.O. Regional`Transit Authority 3. City/School Committee 4. County Water Advisory Board/Nacimiento Water Purveyors°Adviso y Group 5. Economic Round Table 6. Finance Committee . 7. Air Pollution Control District 8. North County Council 9. Ad Hoc Regional Water Management Committee 10. Integrated Waste Management Authority 3 • i • r F, f /I .•aa� t)I.i a �g r ! •����ail � �� � v N �yy ij AAFF J TI s e• Fl!r— i RULES OF PUBLIC PARTICIPATION The City Council 'welcomes, and encourages yourl ideas and comments as a citizen. To increase- the effectivene s of your participation, please familiarize yourself with' the following rules of decorum: O Members of the audience may speak on any item on the ag Bnda, 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 drum period (see below). O Persons'wishing to`speak'should step to the podium and st to their name and address, for the official record. 0 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 ol 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 wishin ' to speak has had an opportunity to do so, and no one may speak more than twice on any item. 0 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 comme is from the public on matters other than scheduled agenda items. 0 A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension; O State law does not allow the Council to take action on �ssues ,not on the agenda staff may be asked to follow up on such items. i 1 i I I Agenda Item: A-1 i . Meeting Date: 12/10/96 I ATASCADERO CITY COUNCIL OCTOBER 8, 1996 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City • Attorney; Brady Cherry, Director of Community Services; Steve DeCamp, City Planner/Acting Community Development Director, Lt. Bill Watton, Acting Police Chief; John Neil, Assistant City Engineer and David Foote, Contract Environmental Consultant COUNCIL COMMENTS: Councilmember Luna reported that the Finance Committee had met for over 17 hours during the past week on the proposed 1996/97 fiscal year budget. Andy Takata provided an update and reported that Finance Department staff have been working overtime to input budget data and noted that he expects the budget to be distributed on Thursday, October 10th. The budget hearing is scheduled for October 17, 1996 at 7:00 p.m., he announced. Councilmember Johnson asked for a follow-up from staff about questions a member of the public had at the meeting of September 24" regarding the Carlton Hotel. Roy Hanley reported a meeting is being scheduled with Mary Walsh in an effort to answer her questions. Councilmember Johnson asked staff to clarify a particular Mastercard charge. Roy Hanley reported that the City had been erroneously charged for airline tickets to CC 10/08/96 Page 1 Atlanta, when, in fact, reservations had been made for the City Manager and Mayor to fly to Sacramento for a meeting. The trip was canceled, he explained, and the City received a full refund. . PROCLAMATIONS: • "Fire Prevention Week", October 6-12, 1996 The Mayor presented the proclamation to Captain Peter Gaw, Atascadero Fire Department. • "Red Ribbon Week", October 23-31, 1996 Susan Warren accepted the proclamation for the North County Connection. COMMUNITY FORUM Lanny Dugar, 8330 Santa Rosa Road, spoke to the issue of the Police Chief termination and asked everyone to step back, find out all facts and take proper action. Bob Johnson, 3985 Rosita, urged the Council to reinstate the Police Chief and asserted that it is not right to convict someone without hearing their side of the story. He added that he believes it inappropriate for the City Manager to act as the hearing officer in this case. At the request of Councilmember Johnson, Roy Hanley summarized administrative processes outlined in the Municipal Code and Personnel Rules & Regulations. Jackie Vanderpool, 9191 San Diego Road, argued that the Police Chief is not an at-will employee and requested that the Council call in a neutral arbitrator to assure a fair hearing. She said she supports the Police Chief one hundred percent and feels that the termination in unwarranted. Mrs. Vanderpool also commented that when she requested information from the Finance Department on other matters, she was told that the City Manager required that she put her request in writing. Dr. George Blount, 5750 Traffic Way, spoke in opposition to proposed bikelanes on Traffic Way because they will reduce much needed on-street parking. Leo Korba, 10905 Santa Ana Road, criticized Planning Commissioners/Candidates for City Council Bob Johnson and Jim Edwards for expressing opinions about the Police Chief's termination without having all the facts. Bob Nimmo, 7375 Bella Vista Road, commended the City Council for diligence and fairness in dealing with the personnel issue surrounding the Police Chief. CC 10/08/96 Page 2 Stew Thomson, 2744 Bella Vista, urged the Council to investigate those who are i responsible for getting the City into its financial situation instead of pursuing the termination of the City's Police Chief. John Cole, 8710 Sierra Vista Road, spoke in support of the Police Chief and the Police Department. Rush Kolemaine, 4850 Potrero Road, read a memorandum calling for the City Manager's termination. Terri] Graham, 6205 Conejo Road, said he supports the Council's action as it relates to the Police Chief and re-asserted concern about the amount of money allocated by the City to the Chamber of Commerce. He argued that the Chamber Director should not be lobbying against the bikelane projects. Micki Ready, Executive Director of the Chamber of Commerce, explained that her salary is paid for by the Chamber membership and clarified that she had not been lobbying against the bikelanes, but rather on a fact-finding mission. A. CONSENT CALENDAR: j The Mayor read the Consent Calendar, as follows: 1. ACCEPTANCE OF IMPROVEMENTS - RECLAIMED WATER EXTRACTION WELL PROJECT, PHASE 2 (Bid No. 96-02) (Staff recommendation: Accept) 2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL - Final approval of subdivision to divide a 5.24 acre parcel into five (5) one-acre parcels for single-family residential use (Shores/Shannon/Cannon Assoc.) (Staff recommendation: Approve) 3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE (Staff recommendation: Approve) 4. RESOLUTION NO. 88-96 - Authorizing award of bid for Dial-A-Ride vehicle to be purchased with Federal grant funds for transportation purposes (Staff recommendation: Adopt) 5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES (Staff recommendation: Approve/Refer to Planning Commission for adoption) The Mayor pulled Item #5. Terri[ Graham pulled Items #2 and 3. CC 10/08/96 Page 3 MOTION: By Councilmember Carden, seconded by Councilmember Bewley to approve Items #1 and 4; motion passed unanimously by roll call vote. Re: Item#2. FINAL TRACT MAP 95002 (TRACT 2198), 3555 EL CAMINO REAL Final approval of subdivision to divide a 5.24 acre parcel into five (5) one- acre parcels for single-family residential use (Shores/Shannon/Cannon Assoc.) (Staff recommendation: Approve) Councilmember Bewley stepped down due to a potential conflict of interest. Terril Graham requested clarification of why this matter was again on the agenda. Councilmember Luna indicated that the matter is now a final tract map and must, by law, be approved by the City Council. He noted that he had, however, voted against it when it was a tentative map. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Item #2; motion passed 4:0. Councilmember Bewley returned to the dias. Re: Item #3. GRANT OF EASEMENT TO PG&E ON MORRO ROAD AND PISMO AVENUE (Staff recommendation: Approve) Councilmember Carden stepped down due to a potential conflict of interest. MOTION: By Councilmember Johnson, seconded by Councilmember Luna to approve Item #3, motion passed 4:0. Councilmember Carden returned to the dias. Re: Item #5. POLICY REGARDING DISPOSITION OF PLANNING COMMISSION TIE VOTES (Staff recommendation: Approve/Refer to Planning Commission for adoption) Steve DeCamp provided the staff report and explained that staff is also recommending that the appeal fee be waived if the Planning Commission is not able to take action. An amendment to the fee resolution would be necessary, he added, and staff would request direction to make such a revision, if the City Council agrees with the recommendation. Public Comments: j Eric Greening, 7365 Valle, asked why a change was being recommended. He CC 10/08/96 Page 4 wondered why a tie vote by the Commission could not simply just be continued to the next meeting. Roy Hanley explained that State Law has certain streamlining requirements and indicated that tie votes at the Planning Commission level can legally be interpreted as a failure to take action, which may result in an action to approve. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Carden to approve Item #5; motion passed 5:0. There was consensus to direct staff to make revisions to the fee resolution, as it relates to appeals. B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 96003/ZONE CHANGE 96005, 2600 EL CAMINO REAL Consideration of concurrent amendments to the City's General Plan and Zoning Ordinance maps to change the 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) (Cont'd from 9/24/96) A. Resolution No. 78-96 - Amending the Industrial Park land use description and the land use map designation from Industrial Park to Commercial Park at 2600 EI Camino Real ' (Planning Commission recommendation: Adopt) B. Ordinance No. 313 - Amending the Zoning Ordinance Text by the addition of (CPK) zoning district and amending Map 11 of the official zoning maps by rezoning certain real property located at 2600 EI Camino Real from (IP) Industrial Park to (CPK) Commercial Park (ZC 96005; Johns/Churchill) (Planning Commission recommendation: Motion to waive reading in full and introduce on first reading, by title only) Councilmember Bewley stepped down due to a potential conflict of interest. Steve DeCamp provided the staff report and recommendations to approve. There were no Council comments or questions. Public Comments: Terril Graham voiced opposition to the zone change because of additional lights and traffic. He said that he was not sure that extending the Ford dealership was really appropriate for Atascadero and observed that it may not be in the community's best interest. Allan Yarborough, owner of Atascadero Ford, spoke in support and explained that CC 10/08/96 Page 5 he has outgrown his facility. He added that the dealership will be expanded by thirty percent and argued that it will be an enhancement to the community. Micki Ready spoke in favor of the zone change and noted that Atascadero Ford has contributed over $30,000 towards youth sports and other community events. ---end of public testimony--- MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Resolution No. 78-96, motion passed 4:0 by roll call vote. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to waive the reading in full and introduce Ordinance No. 313 on first reading by title only; motion passed 4:0 by roll call vote. Councilmember Bewley returned to deliberations. 2. GENERAL PLAN AMENDMENT 95002/ZONE CHANGE 95003 - Consider the certification of a Final EIR, the General Plan Amendment and Zone Change known as the "South Atascadero Urban Service Line Extension and General Plan Land Use Map Amendment" A. Environment Impact Report - Certify as adequate under CEQA (Planning Commission/Staff recommendation: Approve) B. Resolution No. 77-96 - Approving an amendment to the General Plan Land Use Element by amending the Commercial Park and Industrial Park land use descriptions, changing the land use map designation from Suburban Residential to Commercial Park and High Density Multiple Family, and extending the Urban Services Line within the South Atascadero specific plan area (GPA 95002; City of Atascadero/Hendrix) (Planning Commission recommendation: No recommendation / Staff recommendation: Adopt) C. Ordinance No. 311 - Amending the Zoning Ordinance text by creating a (CPK) Commercial Park zoning district, adding Planned Development Overlay No. 10 and amending Map 23 of the official zoning maps by rezoning certain real property located at 11500 EI Camino Real from (RS) Residential Suburban to (CPK) Commercial Park with (FH) Flood Hazard and (PD10) Planned Development #10 overlays and (RMF-16) High Density Multiple Family (ZC 95003; City of Atascadero/Hendrix) (Planning Commission recommendation: No recommendation / Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) CC 10/08/96 Page 6 Steve DeCamp provided the staff report. He emphasized that there is nospecific p project at this time. David Foote, environmental consultant, was present to respond to questions regarding the environmental analysis. In-depth inquiries by members of the City Council about the environmental impact report (EIR) followed. The City Attorney addressed legal issues. Individual Council comments followed. Councilmember Luna commented that he doesn't think it would be appropriate for Atascadero to have an auto-mall in the north and a potential auto-mall in the south. He also shared disappointment with the EIR and the fact that the city had to pay for it. Councilmember Carden voiced concern that underlying property rights might be usurped with a planned development overlay and the requirement that a master EIR be prepared for any development occurs. Councilmember Johnson asked if alternative mitigation measures could be substituted. The Deputy City Attorney indicated that if deemed acceptable, other measures could be approved by the City Council. Mayor Highland pointed out that the subject area is the only piece of property where there is a possibility that substantial commercial development will occur and remarked that he supports the planned development overlay because it will prevent further strip development on EI Camino Real The Mayor called a break called at 9:25 p.m. At 9:35 p.m., the meeting resumed. Public Comments: Leo Korba asked for clarification about the sewer expansion, who will participated and how much it will cost. John Neil responded. Donald Jones, 4585 Viscano, had some questions about projected effluent, as outlined in the EIR. David Foote responded. Rex Rew, 9190 Santa Rosa, suggested that the property be zoned high density residential. Carol Ball, 7070 Marchant, spoke in favor of the zone change but voiced concern that too many restrictions are being placed on development. Nancy Hyman, 10760 Colorado Road, spoke in opposition and asserted that the proposed land use change will adversely impact the quality of the land. She explained she had some concerns about visual impacts and argued that there is not enough information at this time to approve the zone change. • Jackie Vanderpool, 9191 San Diego Way, spoke in favor of the change in zoning. CC 10/08/96 Page 7 Joan O'Keefe, 9985 Old Morro Road East, asserted that the EIR is insufficient and speculated that the taxpayers will be stuck with all the costs of services, while the developer will be the beneficiary. ---end of public testimony--- Councilmember Carden proposed that the EIR be modified by eliminating the following: 1) two mitigation measures recommended for Halcon Road, 2) the recommendation that the direction for the sewer main be eastward, 3) requiring a 35 foot setback, and 4) widening of the Santa Barbara Road bridge. Staff asked for a five-minute recess to consult with the City Attorney regarding the proposed changes suggested by Councilmember Carden. Following a five-minute recess, Steve DeCamp reported that staff believes the mitigation measures proposed for Halcon Road may be eliminated without serious consequence as they are not called for in the City's Circulation Element. Staff continues to recommend an eastward direction for the sewer, he said, but added that this matter can be addressed as a development standard when there is a firm project. He explained that the 35 foot setback was recommended to establish a suitable buffer, but indicated that staff believes this, too, can be applied on a project by project basis. Roy Hanley advised that these changes do not relieve any developer in the future from mitigating all identifiable impacts or from being required to prepare their own Master EIR at that time. I MOTION: By Councilmember Carden, seconded by Councilmember Johnson to certify the EIR, as amended; motion passed 4:1 with Councilmember Luna voting in opposition. MOTION: By Councilmember Carden, Councilmember Johnson to find that the deletions approved are not significant; motion passed 4:1 with Councilmember Luna voting in opposition. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to adopt Resolution No. 77-96, as amended by adding the lot known as 9160 San Diego Way; motion passed 4:1 with Councilmember Luna voting in opposition. MOTION: By Councilmember Carden to not require a planned development overlay. The motion died for lack of a second. Councilmember Johnson suggested that the planned development overlay be altered consistent with the EIR as it relates to the 35 foot setback (see Exhibit C of Draft Ordinance No. 311). Councilmember Carden agreed. • CC 10/08/96 Page 8 MOTION: By Councilmember Johnson, seconded by Councilmember Bewley to waive the reading in full and introduce Ordinance No. 311 by title only, and to amend Exhibit C - Planned Development Overlay #12 consistent with the changes approved in the EIR (Items D and H); motion passed 3:2 (Councilmember Luna and Mayor Highland opposed). C. REGULAR BUSINESS: 1. RESOLUTION NO. 89-96 - Consenting to the transfer and assignment of the existing cable television franchise contract with Falcon Cable Systems Company, L.P. to Falcon Cable Systems Company 11, L.P. in Atascadero, CA (Staff recommendation: Adopt) The City Manager provided a brief staff report and emphasized that this matter was simply approving the name change. He clarified that no revisions to the franchise agreement could be addressed at this time. MOTION: By Councilmember Luna, seconded by Councilmember Bewley to approve Resolution No. 89-96; motion carried unanimously by roll call vote. 2. 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 adopt on second reading by title only) Councilmember Bewley stepped down to a potential conflict of interest. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to adopt Ordinance No. 312 on second reading; motion passed 3:1 (Luna opposed). D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Govern ments/S.L.0. Regional Transit Authority - Councilmember Carden reported on the last meeting and noted that major items for discussion included housing density and the long-term transit plan. 2. Finance Committee - Councilmember Luna reported that at the last Planning Commission meeting there was discussion relating to a recent recommenda- tion by the Finance Committee to reduce postage costs by requesting that the practice of mailing out agendas packets to commission members be dis- continued. Councilmember Carden pointed out that the committee is ooking CC 10/08/96 Page 9 at every possible way to cut costs and noted that the City is truly pinching pennies. The City Manager reported that he had sent a memo to members of the Planning Commission clarifying the action. Mayor Highland commented that he donates back to the City reimbursement he receives for travel costs. 3. Air Pollution Control District - Mayor Highland reported that the committee had met on the 24" of September. 4. Ad Hoc Regional Water Management Committee - Mayor Highland reported that the committee had met the previous week to discuss water supply for Santa Margarita. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Johnson reported that he and the mayor had met recently with Bill Bendit, retired Human Resources Director for Stanford Research Institute, to discuss with him the possibility of having him perform a management review audit. He explained that Mr. Bendit has offered to provide this service at no charge to the city and added a recommendation that the Council direct staff to take him up with his offer. By mutual agreement, the City Council directed staff to meet with ` Mr. Bendit. 2. City Clerk Lee Price, addressing public testimony provided by Jackie Vanderpool earlier, provided clarification about how Mrs. Vanderpool's request for information had been handled by staff. The City Clerk emphasized that the City Manager had not taken any action whatsoever regarding her request, indicated that it was the Clerk's Office who had asked for the request in writing and summarized the provisions of the Public Records Act. AT 10:44 P.M., THE CITY COUNCIL ADJOURNED THE MEETING TO THURSDAY, OCTOBER 17, 1996 AT 7:00 P.M. FOR PURPOSES OF CONDUCTING A SPECIAL MEEITNG TO REVIEW AND CONSIDER THE PROPOSED 1996/97 FISCAL YEAR BUDGET. CC 10/08/96 Page 10 Agenda Item: A-2 Meeting Date: 12/10/96 ATASCADERO CITY COUNCIL SPECIAL MEETING OCTOBER 23, 1996 MINUTES 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 Staff Present: Andy Takata, City Manager; Gary Kaiser, Assistant Planner; Art Montandon, City Attorney COUNCIL COMMENTS: Mayor Highland announced the purpose of the meeting, as listed on the agenda. BUSINESS ITEM: 1. MILLHOLLIN QUARRY - Consideration of Reclamation Plan Amendment and Operations Agreement A. Negative Declaration - Adopt as adequate under the requirements of CEQA Staff recommendation: Adopt) B. Ordinance No. 316 - Approving an Operations Agreement to ensure the success of an approved Reclamation and Closure Plan amendment (CUP #96003) for the Millhollin Quarry (Staff recommendation: Motion to waive reading in full and introduce on first reading, by title only) C. Conditional Use Permit #96003 - Reclamation and Closure Plan for the Quarry, as amended during this hearing (Staff recommendation: Approve, based on Findings & Conditions) Gary Kaiser provided the staff report and responded to questions from Council. Related discussion ensued. Gary noted that he had an additional page of revisions developed this afternoon, which adds a line to clarify that the mine owner would be held ultimately responsible in an enforcement situation. • CC 10/23/96 Page 1 Public Comment Leon Korba, 10905 Santa Ana Rd., asked if there are procedures the City can require should there be more truck traffic than the road can handle and result in road damage. City Attorney Art Montandon responded that the City is required to repair and maintain all of the roads in its City-maintained system. The road to be used to transport mined material is a part of that system. He clarified that an increase in truck trips would be needed as the basis for imposing a use fee; the project under consideration may result in a reduction in overall truck traffic. Councilman Luna asked what the City requires of any operator of the mine in terms of liability insurance. Mr. Montandon indicated there is no requirement; in case of an accident, the City would be liable for injury or damage only if it were found to be due to a defect in the road. He clarified that an approval tonight does not create that liability. Marcia Torgerson, 6200 Llano Rd., read a statement which reviewed some of the suggestions conveyed to staff in her letter dated 9/27/96. She asked why there are signatures only on the Operations Agreement and none on the Reclamation Plan. Mr. Montandon responded that there are signatures required on the application as part of the approval process. Marcia added that, aside from the concerns she cited, she is basically satisfied with the proposed documents. Daphne Fahsig, 5105 Llano, thanked Gary Kaiser for the hard work that he has put into this issue and thanked the City Council for addressing it at a special meeting. She suggested operation hours of 8-5 Monday through Friday, feeling that 7 am is too early for trucks to start rolling. She spoke in support of requiring $1 per ton use fee (for road maintenance) from the County and would like to see truck counts occur monthly instead of on a when- requested basis. Vicki Rayburn, 11705 Santa Lucia, thanked City staff and the Santa Lucia Neighbors Assoc. for the time and energy this process has taken, and expressed regret about the time and expense involved. She encouraged that hours of operation be specifically set and expressed concern about noise and safety issues on weekends. Fred Strong, representing the Millhollins, thanked Gary Kaiser, the homeowners, City Council and staff for working together throughout this process. He expressed that the language in the documents has been put together carefully, in light of the rights of all the parties involved and of SMARA. He expressed no major objections to the recommendations in the staff report and urged approval of the documents with a request for one of the following changes: • Page 15, para. 3, remove or alter the following language (in italics), "...The property owner shall install said sediment fences and/or any other erosion control devices deemed necessary by the City...", or at least insert the word "reasonable" before "erosion control devices". Councilman Luna asked if the initial environmental study could be retroactively rewritten. Gary Kaiser clarified that Mr. Strong's letter is as much a part of the official record as staff's response, and this does not change the ultimate determination as to environmental effects. Art Montandon added that the Council's determination tonight is whether the initial study and environmental review are adequate, and he would only recommend a change if it were deemed inadequate, which he does not believe to be the case. Councilman Luna asked if Mr. Millhollin was amenable to adjusting the hours of operation to 8-5 pm, Monday thru Friday. Mr. Strong responded that the agreement proposed does eliminate Sunday operation, which the owner has no objection to, and deferred to Mr. Millhollin for any other proposed adjustments. He stated, however, an argument in favor of allowing weekend operation is in the event of emergency, citing the floods of last March • CC 10/23/96 Page 2 when the County went in, outside of normal operations, and removed a load of rock which was successfully used to stop the breaking of a dam in the north county. Discussion ensued, and it was noted that the hours of ro operation were in consideration of the major commute traffic time. P proposed in the agreement Leon Korba clarified that he expressed concern about requiring a use fee in order to create an awareness that the City does not have money for road repairs. There was consensus among the members of Council to insert the word ",reasonab/e'; where requested by Mr. Strong (see his comments, above). Motion: By Mayor Highland, seconded by Councilman Luna, to adopt the Negative Declaration prepared for the project (Attach. C in staff report), as adequate under the requirements of CEQA, based on the Findings contained in Attach. D. Motion passed 5:0 by roll-call vote. Motion: By Mayor Highland, seconded by Councilman Luna, to waive reading in full and introduce Ord. 316 on first reading, by title only, including all revisions included in staff's report and introduced/discussed tonight. Motion passed 5:0 by roll-call vote. Motion: By Mayor Highland, seconded by Councilman Luna, to approve C.U.P. 96003, as amended during this hearing, based on the Findings and Conditions contained in Attach. F & G, respectively. Motion passed 5:0 by roll-call vote. Mayor Highland thanked everyone who has assisted him—the Neighbors Assoc., Mr. Millhollin, and Gary Kaiser—in seeing this process through to completion, which he had hoped to see by the end of his term on the City Council. Councilman Johnson expressed appreciation to Mayor Highland for taking a trip to Sacramento to assist in expediting the process, as well as thanks to staff. Andy Takata, likewise, thanked all involved for their hard work. Mayor Highland added that this EIR was done in-house, at City cost, for the benefit of other than developers. MEET/NG ADJOURNED A T APPROX 8.10 p,M. MINUTES RECORDED BY: ANDREW J. TAKATA, City Manager PREPARED BY: CINDY HOLTON, Deputy City Clerk i CC 10/23/96 Page 3 Agenda Item: A-3 • Meeting Date: 12/10/96 ATASCADERO CITY COUNCIL NOVEMBER 12, 1996 MINUTES 6:30 P.M. - CLOSED SESSION: 1) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case THE CLOSED SESSION ADJOURNED AT 6.35 P.M. 7:00 P.M. - REGULAR SESSION: The Mayor called the Regular Meeting to order at 7:03 p.m. Councilman Luna led the Pledge of Allegiance. ROLL CALL: • Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Staff Present: Andy Takata, City Manager; Roy Hanley, Deputy City Attorney; Steve DeCamp, City Planner/Acting Community Development Director; Brady Cherry, Dir. of Community Services; Lt. Bill Watton, Acting Police Chief; Chief Mike, McCain, Fire Dept.; John Neil, Assistant City Engineer; Mark Markwort, Chief of Wastewater Operations; Cindy Holton, Deputy City Clerk Also Present: Rudy Hernandez, City Treasurer COUNCIL COMMENTS: Mayor Highland announced the addition of a proclamation for the Hospice Light Up a Life Memorial Tree Lighting Program, proclaiming the Month of November as "National Hospice Month". Said proclamation will be formally presented on November 22, 1996 at the annual Mayors Luncheon in San Luis Obispo. Councilman Carden inquired if the only impact of Prop. 218 on the City concerned the Transient Occupancy Tax (T.O.T.), or are in-lieu of fees affected as well. City Treasurer Rudy Hernandez responded that, at this time, he does not believe there to be a problem with how the City will be affected. Andy Takata added that he intends to send a member CC 11/12/96 Page 1 of staff to an upcoming League-sponsored workshop in Sacramento to clarify the impacts of the legislation. Councilman Carden expressed that the City's fees charged on the waste- water fund and perhaps the administrative fee on CDBG grants appear to be affected. Rudy clarified that a key issue behind Prop. 218 was to ensure that cities do not over- charge tax payers for the cost of services. Deputy City Attorney Roy Hanley added that he and Art Montandon looked independently at the issues and were both of the opinion that Atascadero's only concern with Prop. 218 was the T.O.T. Mayor Highland welcomed the members of Boy Scout Troop 67, observing the meeting. COMMUNITY FORUM: Bill Wilson, 2780 Alturas Rd., announced that he is coordinating this year's Salvation Army bell-ringing for the Atascadero, Santa Margarita and Templeton areas. He commended our community for their generosity: Since beginning over a month ago, he has over 300 hours scheduled for volunteers lined up to perform bell-ringing services. This year's goal is to collect $14,000. He noted that 90% of collected funds stay in the community. The campaign runs from Dec. 2 thru Dec. 23. He has approached the City Manager to invite members of staff to ring the bell, and invited all to participate. Lindsay Hampton, 8402 Alta Vista, on behalf of Amigos de Anza SLO County, announced the arrival of the 1996 Juan Batista de Anza commemorative relay in Atascadero on Sunday, 11/17/96. A welcome ceremony will take place at 11:30 a.m. in the Wranglerette Arena on Tampico Rd. All are invited to attend. A. CONSENT CALENDAR: • 1. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting) (City Clerk's recommendation: Approve) 2. APPROVAL OF WARRANTS - August, 1996 (Staff recommendation: Approve) 3. APPROVAL OF WARRANTS - September, 1996 (Staff recommendation: Approve) 4. RESOLUTION NO. 99-96 - Adopting the 1996/97 Fiscal Year Budget (Staff recommendation: Adopt) 5. RESOLUTION NO. 91-96 - Authorizing an amended agreement with the State of California for use of the 19.5-acre parcel currently the site of Paloma Creek Park (Staff recommendation: Adopt) 6. RESOLUTION NO. 97-96 - Appointing one citizen-at-large to the City of Atascadero's Traffic Committee (Staff recommendation: Adopt) 7. RESOLUTION NO. 101-96 - Approving a Memorandum of Understanding between the City and SEIU Local 620 for employee salaries & benefits (Staff recommendation: Adopt) CC 11/12/96 Page 2 Mayor Highland announced that the 10/23/96 Minutes are not available, so Item A-1 is pulled. Rush Kolemaine pulled Item A-4. Motion: By Councilman Johnson, seconded by Councilman Luna to approve Items A-2, 3 & 5-7. Motion passed by 4:0 roll-cal/ vote. Re: A-4: Mr. Kolemaine asked for confirmation from the majority of the Council that there will be a mid-year review in two months. Mayor Highland confirmed in the affirmative. Andy Takata noted that mid-year review normally occurs in February. Motion: By Councilman Luna, seconded by Councilman Carden, to approve Item A-4, adopting Res. No. 99-96. Motion passed by 4:0 roll-call vote. B. PUBLIC HEARINGS: 1. PROPOSAL FOR CONTRACT ALLOWING PROJECT APPLICANT TO PAY PERCEN- TAGE OF PROPOSED FEES AND SECURING BALANCE BY AGREEMENT AND LETTER OF CREDIT (Staff recommendation: Approve) Roy Hanley, Deputy City Attorney, provided staff report. He clarified that this is not a proposed agreement to waive any fees and, if approved, no one on staff is authorized to do so on this project. He also clarified that this is not a phased project. The agreement would allow the applicant to proceed under a modified protest procedure while seeking redress through the court process to determine the nfi d th t It mlicability of permit #15fees. on Exhibit A of the prresponded to questions from the Council. Mr. Hanley cla posed agreement refers to the sewer connection fee for this specific project. Public Comment Robert Lilley, 8740 Pueblo, attorney for the applicants, conveyed that Mr. Hanley's representation of the particulars of the proposed agreement are correct and acceptable; his client has agreed to sign and proceed with the project. Leon Korba, Santa Ana Rd., expressed concern that this is an agreement between attorneys, questioned whether there is precedence and what the experience has been in terms of loss or gain. Mr. Hanley responded that he carefully researched the legality of this type of agreement for both enforceability and that it is proper under the Government Code. David Graham, 5905 Capistrano, suggested that there be a clause included in the contract that the City would receive interest on the fees that are not going to be paid if they were to prevail in court. Mr. Hanley responded that he did consider interest when drafting the agreement. The funds that the City receives from development impact fees have to be accounted for in a very specific way, and there would be no way to both comply with the Govt. Code and provide for interest under these particular facts of circumstance. CC 11/12/96 Page 3 Motion: By Councilman Luna, secmded by Councilman Carden, to adopt the staff recommendation to*prove the proposed contract. Motion passed by 5:0 roll-call vs 2. ORDINANCE NO. 316 - Allowing City'sparticipation in Operations Agreement for the Millhollin Quarry (Staff recommendation: Motion to %,Mfw in full and approve on first reading by title only) Mayor Highland clarified that, through an oveht of not approving this item on first reading when it was introduced at the 10/230 Special Council Meeting, it appears for such action this evening. Steve DeCamp prred a brief staff report. There was no public comment. Motion: By Councilman Carden,mmonded by Councilman Johnson, to waive the reading of Ord. No.- 6 in full and approve it on first reading by title only. Motion pas y 5:0 roll-call vote. Mayor Highland conveyed to Mr. & Mrs. M"n in the audience that the second reading will occur at the Council's scheduled Special'&eting of November 20, 1996, in order to expedite it. C. REGULAR BUSINESS: 100-96 (correction tided by Councilman Luna) 1. RESOLUTION NO.-W-96 - Approving:eaemption from the Congestion Management Program (SLOCOG recommendation: Review antconsider adoption) Ron DeCarli, Executive Director of SLOCOG, orted on this item. He noted that included in the report is a SLOCOG staff recommendaffr that, should the jurisdictions opt out of this program, SLOCOG would provide reconvwdation of how to integrate most provisions of the CMP in cooperation with the various;jWidictions' staffs. Councilman Luna asked where Atascadero isrelation to the other cities in the County. Mr. DeCarli said Paso Robles has opted out,mi.it is being considered by Arroyo Grande tonight. Mr. Luna asked if the City will be prized in fuel tax revenues for opting out. Mr. DeCarli said no; however, if Atascadero.Ans not opt out, the City must comply with the various provisions of the CMP, which wsaN be monitored by SLOCOG. If they find the City to be in non-compliance, they are obligaatto hold back state money. There was no public comment. Motion: By Councilman Carden.mconded by Councilman Johnson, to adopt Res. No. 100-96, approt6g the City's exemption from the Congestion Management Program. Jmbtion passed by 5:0 roll-call vote. CC 11/12196 Page 4 2. 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) (Planning Commission/Staff recommendation: Motion to waive reading in full and adopt on second reading, by title only) Mayor Highland announced this item by title. There were additional staff comments, no questions and no public comment. Motion: By Councilman Carden, seconded by Councilman Luna to waive the reading in full and adopt Ord. No. 315 on second reading, by title only. Motion passed by 5:0 roll-call vote. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Thurs Advisory there is nothing - Mayor Highland conveyed that the Advisory Group met to report. The Advisory Board toured the State Water Project. 2. Finance Committee - Councilman Luna reported that the committee will soon begin mid-year budget review deliberations. ! 3. Air Pollution Control District - Mayor Highland reported the APCD Board meets tomorrow. 4. Ad Hoc Regional Water Management Committee - Mayor Highland reported this committee met last Thursday. The primary item of discussion was wording for possible legislation to exempt Lake Nacimiento from the State's law concerning body contact in reservoirs that are used for drinking water purposes. The wording is to be reviewed by Supvr. Ovitt this week then on to the County's legislative advocate and will hopefully go before the State Legislature in December. 5. Integrated Waste Management Authority - Councilman Luna reported this group meets tomorrow. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: Councilman Johnson asked Andy Takata to clarify the election results certification process. Andy responded that it is anticipated that the results will be certified in order that the new Council members will be seated at the meeting of November 26"' Councilman Luna reported that he received complaint plaint of sewer odor from the sanitation plant. Andy Takata was asked to have staff investigate. Councilman Luna reported that the Traffic Committee met a coupleof eeks ago on allowed the skateboard ordinance and voted 5:2 to recommend no skateboarding CC 11/12/96 I Page 5 in the entire downtown area. The issue will be before the City Council in the near future. 2. City Attorney : Following up on a question from the last meeting, Roy Hanley reported on the question of franchise fees from the water service in Atascadero. His preliminary research indicates that it is possible for the City to have a franchise fee. He intends to contact counsel for the Mutual Water Company for an opinion and will be coming back to the Council soon with proposals. 3. City Manager: Andy Takata reported that Council-elect Jerry Clay and Ken Lerno both attended the Salinas River Expansion meeting tonight at the Pavilion. Andy also reported that he'll be circulating information to the Council on committee assignments so the members can consider which they might wish to serve on in the coming year to assist the new Mayor in making appointments. Further, at the next meeting, Art Montandon and Roy Hanley will make a presentation on the Brown Act and conflict of interest laws. F. ADJOURNMENT THE CITY COUNCIL ADJOURNED AT 7:49 P.M. TO 6:00 P.M. ON WEDNESDAY, NOVEMBER NG�APPLICANTS1996 IN HE 4TN FLOOR CLUB ROOM FOR T HE PURPOSE OF AND MAKING AN APPOINTMENT TO THE VACANT /NTERVITERV/EW CITY CLERK POSIT/ON. MINUTES RECORDED BY: CINDY HOLTON, Deputy City Clerk CC 11112/96 Page 6 . Agenda Item: A-4 Meeting Date: 12/10/96 ATASCADERO CITY COUNCIL SPECIAL MEETING NOVEMBER 20, 1996 MINUTES REGULAR SESSION: The Mayor called the meeting to order at 6:00 p.m. ROLL CALL: Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland Absent: None Staff Present: Andy Takata, City Manager BUSINESS ITEMS: • 1. INTERVIEW OF APPLICANT TO CITY CLERK VACANCY A. Resolution No. 103-96 - Making appointment of citizen applicant to fill the unexpired term of City Clerk Lee Price (Staff recommendation: Adopt) Council interviewed the single applicant to the City Clerk vacancy, Marcia M. Torgerson. The Council discussed the options available to them on making an appointment. Mayor Highland asked Council-elect Jerry Clay and Ken Lerno, both present in the audience, if they had any objection to the present Council making the appointment, or would they prefer the decision be postponed until they are sworn in so they may participate. Both indicated they had no objection to the present Council making the appointment. There were no further public comments. Motion: By Councilman Luna, seconded by Mayor Highland, to appoint Marcia M. Torgerson to serve the unexpired term of the City Clerk, by the adoption of Resolution No. 103-96, said term to expire in November of 1998. Motion passed 5:0 by roll-call vote. 2. ORDINANCE NO. 316 - Allowing City's participation in Operations Agreement for the Millhollin Quarry (Staff recommendation: Motion to waive reading in full and adopt on second reading by title only/ There were no public comments. CC 11120/96 Page 1 Motion: By Councilman Luna, seconded by Councilman Johnson, to waive the reading of Ord. No. 316 in full and adopt it on second reading by title only. Motion passed 5:0 by roll-ca// vote. MEET/NG ADJOURNED AT 6:35 P.M. MINUTES RECORDED BY: ANDREW J. TAKATA, City Manager PREPARED BY: CINDY HOLTON, Deputy City Clerk CC 11/20/96 • Page 2 REPORT TO CITY ^.IIp3CI:. Meeting Date; 12%10!96 CITY 1-%F rAaT AS"AA r A C EP ng-ttd- A r_ Frnm; ti 1SC;y Takata . City 1ci.ian-gc r OUB TELT; ra.yment of nl;d i ted RI a Payroll r for the tip„ yy� 1p n � and t�'!.�115 S ar � nS t.SS of �i(iveliS Ll c:1 199` . 'f)F.C-101I/1/ ATT Afl T 101 0 i. Aptriv c � accounts S , ve�d ?r` :ertlf4� : �a.vi ,e . pa.vrCS1 and ,piyri, 11, ch e%!1+ f CSr +he mon-t h of Av i)Ve_ 1.5?r A+ + -Al7 -F,�.,, Cl .. n,.., ,. 1 ,i 1 +L, ,. 1 1 .1 S c�11 S "1 \ I l y a_.a,11 t t a_.7 S r e v 4 c av ta.'S'� t i7.;lilt it`v';; S F{ I t c`_', S a_,S S i,iti 11S A P., ,7 E. d 1 1 /n O /n G n 1. �� 11 O'�"f C '7 O A 7 6 rc_r Ia=1 a_� Ski S S J alai/ Wit/ i_.n - Tt i.r_i_,i. r- 1� 0, J"I`] JnG 111_ Y11O t '71 ^.oc 'S 1 1^. A, 1 no I,l'r 1 11 (',1111 / /./.J 7l_I it/./)Y I 1 - 1.1 D- special emgic > n_ payroll n.,n. -1 1 1 /n^ /nC 1 211 G ] �1ll-,el� 1 1 l , Da+k-ed i 1 1;0>9+, 111- L11oc 1 o 41 .691 .;311 T-1.,+ .-1 1 1 /1 2 /116 111. ::'iO t 20 '1On 6: G"1 IA ? n 1 Llri.Lct_i ��, _.n , 1+i.ri t�rei-i lly tl l) _ _ .,Y / ,11 1 n t 1 /11-7 Jnc nk :c110 cno 11061 G] t t ^6 n + a 1 1 /�n Inc nr- :1 11 1 c ^n 1/ {� !l.1.r 11 0611 2 1/ _ _ _ 1 -11oG1111 l i1 , _/A cc ,Zl n_1.1 _r A.Y ab 11 C_= n.,+ A t 7 / 1 11 /11 6 n 1. c c O 1 n c G 13 l n. :i}, Y- =r r 1 t, , i L. I lie- ii 1Sder,- l----l1 certi ins i.hg+ tiic_ at tr_�,.c od. -1? LTi n.n1�.i 1-a`v'P. ii??iS re ie8 se�1 Si,T }/n.y-men t. 411 t.SSS to t.n.S n.;i,tInSt. rf ,n�,ea,L; .liT , isri n.nS,� LIS n.,, fi7Tl Is ¢3.re n,TA4 1 i.S4e fw,r i 1e so, ( ei1Sn711:.5 , ANTD TA AA L i t s "t ra,r3:r A.e r T r1 / T�,v�L+ ,_/y 1.h C J-1- v' ,.a_1 n,--!I S n.t. n. m e e 1_ I .�.- e e e.S i e r ,'1 , i �'- _ _ P_ LSG 111 19 An/'T A A! Tl-%nnUn -.T + !'1 .. 1. • ,r,n S„_.1!2 SvS , 1,l S._,1, i\_,,,/,y ,_I L v C,1 e r SS. 000001 �jl Ll L! n o o n Z!�:ZD 0 CA 01 L!Zjj U,-�j L.I.c.1 L7.Smmo o n a n ;Sl ZS;ZSI o n n n n 7SI;Sj --a n ;S�-,;I SD Lq C.1 �,l LI�..j t.",�.q�.rj _q Cl Ll L'I Lq Z.,l Lq Ll j:j, LlCn C.1Ll L 1 C.1 DO* i), m ro u u:Cl Ll Lq 'o�.,l-P, t.-,E-1 C.-I Lq L!;LIT-ri :D OD a- :---;G, -- 0-, 03 CC-Z X m X.m X-M X 00�=. 00 X CO X m m x m f �A '.j �A L" L�l fc, -t, -:. _,, ��, 44 fA W C4 W w C4 W W I-j�i�-j,Q t-j r-j S %j 3, rA �-j IS-3 0 w -D "0 0 W a -4 r-j C-3"i:)s ZD zz� 7P n ::2S I Z-A L- '-I ZA Ll' -,j -.j j Ic `0 10 13 c '40 c It ,c":1 .0'0 '0 0,0 '010 Ic 10 10 10 d.10 10 le 10 Ic.10 10 ti 10 Ll- z z"I "««7«G-' 0<<< D<<< < -D, D.;U ;Q Z.� 0 D T x 0 7;0 030--,> z < 1> n-4 :>'I -D C, ZD n C� 'S �Z, -1 W Z' 7S,n z2z:F, 7Z::J ...7 Ctv C-Z:) zv r. Ij < X M 0 -4 z < 0 w z 0 z n w 0 U) -<-< NZ z z D z X w— -<:> -< m :7.N m 4n m! Z=l M X--q .31 1.M,z £D m m I> -<-I x tv m :;I< :> 1-7 a Z=% M.D X 1. r x m m M.z "n M :7. 0;n ;n j) z 0.cn 2 £D -1 T M r.1 m r-Ml z Z c z X D tz� r- z ?V U) H 01) X 0 71 > to z m rD rt x X. D D D il X, -M, DDD L, > ]> Ui cs� A n U ii n u n is CA n li m W o u \i C- .�3-•S - S @ A A I - u: -'• ®. Z-5, Z'W In 6 0' C',I,=ol n C4 M s n S 0 S n S C-n n n U-0 n n n S. 6. 6 is) n '0 n C6 n n i. 0 w S it 0 -4D:ED n 0 n\ o 0 n G- n n n m o s-rn o . . . . . . . . . . . . . G) o G s-S.s G n is.:ow ol 0 o'o a.0 s0000 s a 0 is 0 W 0 0 0 n G n S.n o,;DWGGMoo 'D n w n o 0 zs;G 0 n 0 non n 0 0 0 n zs� W n 0 0 M js� O:sl a S',on G z Lrl 0,— !Q fil .13 t-j 4�a. LI 1�C4 w r-j r1i n Q,u is u a, w w w 0 cr. m 0 u w C�, G 10 n isi co G tj - G n �j :sl,n',_1 0;:D W S .j X G 0 n S. Cn L� o 0 no W 10'-"W, 6l10 U* ;,Sl -S '0 n n:D tj W o SS 0 snom G onuonCr, a 0 o n iD r, o w G 6 -,z o on 'D 0 '1 o G 5 no 4'.0 n o m -j n!S- o 6,0 0 s 7> D DD D D D D D D D D D D D D D D D D 1>2> D D 1,D D D 1,1> >D D D >D D D D D D:> Di> => 717> D M-X> DDM. :Z>DD Dx' D M, > :> z> !.x- M, 1. D 1, >I, I. DDD DD >DD DDM- D:> DD D M. D -A--q-4 -4 -4 -1 --j-4 --j-4 --q --1-4 --1--1--q -4--4 -i --i --j--4 --q -i zzzzzzzzzzzzzzzzzzzzZZZZ=zzzzzzzz mmmmmmmm zzzzzzzzzzzz -zzzz : mmmmmmmmmmmm =;Mmmmmmmmmmmmmmmmmmmmmmmmmmmmift ;u X;n�7j ;n ;;n 7-1 71 1- ;:7 1:T 7.1. M. D D D D D D D D D D D D D D D :>D D D D D D D D D D D D D D M, 71 M. D 2. -> X. D D D i. 0 C-3 -4 -1 --1 -4 -4 -1--4 --1--q --4 --4-q -4--1--1 --1--4 --j -4 .� t=l tv tv 6 t:f z;% tj tv t7 tv tv t36 G t::s 0!Z:l t7-j �d.7C d.7t7 x . tv tv iJ 6 iv t7 t7 t7 6 0 6 t'.76 t-I t=l tzv tv t=l Z7 !Z;l tv- 000002 i � T a ! X -i 5 .7 9 9 9 S 9 9 9 9 y 9 5 9 9 9 5 9 isl W W 5 s 9 5 S.9 9 9 :D 9Z51 9a 6 9 5 9 5 9 51 Z m =, :• Cl.' u, Ll U L�_q -}�A�l 0 Ll�A U U Ll LA - LA LT LA L1 LI,L I Ll I LA ;.A Ll LA Ll LA,I 0 Ll L9 LA L1 CA Ll LA L1 I r= 3 � t?"D �?-0 10X07 O7 mS ..i,•:.l Lq L1•:I•',A rA r^CA LA•A L'"" -1•:s LA -1.1•t L1L 13 `D !17 Y Si -c� 5 3,>, .p.0,0,0 ,a .i.37 x CO ry 5 L? ,.5 07 5 S .Z M :%:a7 07 "O7 y 5'T M X.=?7 X CO •+'+ 1 C:. r \\ - 9 O w v -J• LA 2.Si n a �0 0i V 'a' A W?0 �0 �? 'J?J w.31 m m 3J OJ m aJ \�t I I j j 11 v v V IJ 0,a a s j. ! .^t. s w A W mj.0s FJuS�t'i V a LAA "J CA? - 1 - "- _ :._`r� ,.�t r _.- ;,.:-_ -- ;.:-+. ;_.t+r.µ ...r+ 1 }.. ..,.:1 :s t:-_•r _.s-+ ..;v. r.. ! �a 10 1 y= ' ?' c, aaar, as aaaa aaa *aaa *a tiara raga �aaaaaaaaaa ! i> :> < C C ,7C CD C CSE C C CfJ} -.t <�t m2 yam _ _ - -%v `%-1 .-iSSJ D __ C h 13 3 7 ✓ `-•=' :n= ":? v %. % v,^ -i f. ''r C.._J? _S n<, T.'_l v x T:a ze_ 7 nTi _- '! i 1 :T^'� C7 :-i H;:m -! •y -•! {.Ti D'1' T G -i G X X. H = C o=7= J7 11_ _J-i -i m Ex LO 0 S � D-<»-�. D � T: 7:1 C -i SH li-Iz -%zC m7 -i -i 05 :-aD SZa:I zH- -i6 i '-i Z 7) -r1 m n { ._ ;A m D:A _ ;m D -i :Sl n -€7} -nom 7'-3 M,M 1D7 {T- DD -C=S C T£ .-iC C�11?_- .'r-3-0 X.man 1-1 Cr 71 D ' "' z DS. M. D '-, 'rDD - {•�-rT71.x, 0D 7� 2.-a7 S'-tD'-t3-_ i T Xi i z T £ - ..=T '_'i r-.� :S:t a-i_T S �'}- 5_'i -i r +t 33- v <�D :?T�61�__ '� :Tt� :�S n:H�= {v 0-.1':'::T7.^ i C� "'1 v D = J2 S;,? <- \ ;1i t7 2 t n z 7..n :!T '_'". :Tf" v)mf ,�vr m y 'T! D m:s D 0 _DD =i D n H D-vi L?T_.; -i v _1 v v .s H a v �:i-i v 73 a 3'z H I z �` �• '- -.- L? rJ "t ~v �'� G? rs v"Z v H z C3 G? I ... a H-i '_:' v --i ti D n -0 tZ( ;'` D 3 ! . G?-„� M T � a a a v a n mn n c m y? -i 3� � n L7 v v Y. m 7 v ! J, v v i "i'ro - C :, D D D D D J D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Jt b y V•h r,- LA ,0;-_ ,_ L• f-` -*+-' rJ FJ A FJ tJ 9 FJ LA •'•n 0` 9 >_A `aµ A N.)OJ L9.>LA LAA W LA W V 9`0 V 9 co 07 W \C- 0 co W Li M LA'-J LA ! U! a• tJ Ai�„ LA til FJ'V r•JS a7 A C• LA W 9A 9 ANCA LA a•9 U al FJ 956L1W S ==FJ 65 S- W m x.14•. i N C 0W 4' 9 ,5999© 90795 CAW I • aS 95 :^ 5 U;9 9995 5;A 65! 99 5955=A'.Z39.FJ999�a3 5999 9µ 594995 ^'+i+95 ! ., 99 95 59 99 59 55 9S AL9 9i 95 5� :59 A9 Z 9 gr•J W5 S ! r• D .^,.•SS 6g WWDW 0'9S0m59w ,y9 95cS51`�' 6'96''5 55595'9 95 65 55 595?969 6S GW S ; 5 9 9 9 95°99559 699959 O9 555559 WO ! ! µ ! Z µ I LA 5 x - a y Ln µ FJ rj a r•J FJ 5 pi LA W LA A i t >.JA6L JPJV j@ 1Ot-` Ar.J r` L9 ALA Lr, AW 0UV 5,0 V SNr,mjc-lo.WW 10 mLA rJ LA ! D . Aa LA i>79 -tySa, ACA Lii L'`90 0•tJ SSL4 CAW 9t"N99s9 9 Sm alp 9 05m in 5W 5.S 7m 0m A 07696 is,00 m FJ 96950755655('' S5\! SS96t''9075 1 SAS 95 5555195559555 5A555 L*9 95 a95A 6559r•J6 SS ! 1 ! rf D D D D D D :D.D D D a D D D D D x D D D D D D D DD I.D D D D D D D D D :>D D D D D D R 1-D D D D ! n �� � �� ��� o����� aoHaooaoaaaoaaaa:_,00aaoao-- aaaaaaooaa € r D D D D D D D D D D Z D D D D D 2 D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D I --!-i --i-i -{'i "i 1 tz$ A H H H H H Z H H R H H H H H H H H H H H H H H H H H H H H H H H H H R H H H i o7; n n n n n n n n n n o o o o noon on n o n n n n n n n n n n o n n n n n n n n n 7c� n c ! n � Cl00 1616't 6161 D C, C16l 6161761 ,t161 „^,n Gl 6'171 G1 x!6141 -� ^61 :1 61 :6161 i-,561 Gt G'S 6'. „161 :5,:' ; m m m m m m m m 1i m m m m Z m m m m m m m m:mm m m m m m m m m m m m m m m m m m m m m V. Z Z Z Z Z Z Z Z Z Z -q z z z z z H Z Z Z T 1 z z z z z z z z z z z z z z Z Z Z 2 2 2 Z Z Z Z Z Z Z L ! '' mmm !I m :TI m m m m "m m m m m-i m m m m m m m m m m m m i'I m m m m m m IT,m mmmm I,1 -moi,7?- 7?-7T �7<? n71 �T 177 --IX 1,-r. -Z Ti 7? T7? �T��^_. xJZ �Z:;n " T.�'t i� T T 777' „ i DDDDDDDD DDHDDD DDs-(D DDDDDD DDDDDD DDDD DD DDDD DDDD D ! C nH - m i -i1 � -{ I -i1 „ i -i-i -i�Z 1 i y i �-i -i i 1 -I i-i i� i� !-I I 1 -i i-! i ! m:1:1 m m mmm min D m m m m m o mmmm • m l ` '^m m m m m m m m m m int m t:i m-;m m m m m m m,l m;., v ��� ry� aty� �r.l z'vtyt=st=lI r7t=f !=�t7vIj tz% trt�a�d� �rs� rrsrs� rs0aac�� ��c� r� c� ! • 7:nr ` nTn nn�n n nm _ Tnnnrnnnnn ^nnnnnnn �nnnnnnnn_nr.nr.nnnnnn ! S SS S 222D2 52 „2 SS'='S ST- TT -2 ST SS == ^mmmm mm G?m mmmm Ulm mmmmmmmm mm ?" m mm mmmm m:, mm , nm rSl f2f m D{ 9 n^ n nn nnmm� nnnnU)nnnnnnnnnnnnnnn �� �� n- nnnomononnn 777 7777•.7. 7..7 -i 7 7•.7 77 7 7777 7777 7777 77.. 7777 77 7777 77 77 7 7 7 ': D.7 FJ ', 000003 7� n -D 151 " S ' n :D, ;:S D fi rl n -.P 7si a:: -D n 79 z, zs" 3 .1 U Ll --I -A ---, --,':.l" LI Cl -,i L9 Z.'l L-11 Cl '---I:_..I ..A zj! '2, Ll CA -I7i Ll LLl Ll Ll 11 I `d -10 1) '4D "o -C. `c.14J, -Z 10 `0 'o -40 .o 'o "D c -o o 0 L-1 L9 W t,J nJ t.J nJ t.j I-j t.j "i nJ'-J C4 'a-,•r yj "J N-1 :7.¢ X V 0 Saw 'o j Z.11 A t,4'-a i :-.4 w W rA W W C4 w w rA w zli i < ID 10 10 li"I Ic. Ic.10 `0 10 Ic le <ii w 10 Ic. C,=^ 0.1 C, 'D,'j, D, a,C, T a, S- I < 7' .7 'Z" Z-,7) n n -)7) W ?z -W D D <1, 2 < 0 -D Z -.I f77 0 -n x :T, 7 :a'-ars- :1M M 1. X 00 T M M M M D :>-'>D 0 r- N-A --1 -4 0;;-j i Z'j'0 < T.,-Z -C.T, n--1 0 7' D z Z-- - - - - Z- :�Z-,4 0 ?3 n W �D CD 5,Z-, C,m F; C-tzi Z� i -.j a,rQ F') z. ?-j w o -,q �,j x :> 1- 1 4- M 0 mi o --i Sm m 5 1. P S N-4 --1 -f--q x i z 0-<m-��-. z-,I < >I.z z r-7 m.f- D.�> :5 M�> D- V) .-z -10-n Sl=M zi m a D -4 D--4 OD x D z 70 Z'_--4 N Hr z7r mmmm = 1 M, <:f)--i - mm D a z 71 Sm-0 X1 0 X 75- -0 -4 1. -3 z x -�l-n-rl 11 m rn m :x-, n n D. I -< --1 7: ;n X,co :< I-D-'IV o;o 1-9 �,e)Z--q -4 77D ,-) .l D m>D 0 C)- X. M-W •' :1 m-u DDD "I I m o 0 --4'r,w--I m W fl = -X *::1 :-,a �0 '-4 r 0 W 0 Z:l r r r;o x 0 0 r M 0 a X 7�'ZI 7r. I �6 .oto Lh-n m-n:n2: C --i IM zz0m CD 0 ?Z 1-1 M,Mll I M. zi lyl:> M 0 D? z --I W 0-- X T 0 0,:-q Z;n --q r � -i m w xmw = I z < w 7 M M Z s 7 -T�. M,Z --j Z--j--q W -0 M 0:,.0 01. 1,M,-i M:n Z_X M 000 M i M. n 0 m M --1 0 M, 0 rJ3--I w I- :>0 C: z -< X Z 'mo M�o n M-.I Z ;o z M ;:n --4-q C-q X --9 -4 Z r-f)z 7 M T Hm ;n ci) v Cl D Dto CtoH x X < X. Nm Mm 7�L- E-T,o 0 w r 30-477-10 :> tZI G0 -,. :x I Z g M J r, D r w mc 7 <c X c o z M I. W0 "-m Z M DDS M Z z C-)0Z 7.1 Z "m m m;o T D E Z M :X ;n m 23 Z�4 I tv m m z !x. M 0 --q--q X.-4 D -q" 7-1 1. m< --q X. tv 11.1 1 . z i> --4 ;u M -00 m M 0 D Z --j 7 J' 0 0 T -7 n < HnW En < z < Z PI C: m m z -n 10 mm M. 1, 0 a 0 o1 M. < DC t%33 t4 1 M z Z 7K 0 C z o bo Y fD 71 D D -D DD I.D X. D D D D D DD DD D D C oc! Gi Ci EA. 1Li Lq 'S OD ri L4 Lr..W -0 'S I.j w u W L's A W -C& Ull,sT S-.j .1, C4---p, u p �:S,w a, ?j p-S.,p Cfi-,c Ll L', G A m0 t� S u u a G! C� -. �- �,;��, �, �z �-, 6 L. is- 1-4 ZS!;S� 0 S!G C X. W, 0 . -;;� �� � D zr:- 0 Ei, s C14 i�.0� -0 0 t-� S� 0 M M 0 S�0 S, 0 sq d;l isi tD s 0 S.G m is is-,4 :D Ss 0 0 w G W ;s w SSSS G 1_.� 0 Im is W W M M jsj 0 W W 0 M M is) G M sasses W M SS 0 W w G t'a 19 I M, ,0q -t- "J 0 0.,LI-r, LI t+ SY AY U Y AY C4 1 t, 0 C."�A EA a o �3 -9 '0 79 ? 'A Cl W r-P,41 Co IS: IJ"i 0 -� T" 0, Ll,Cq j "s m w ...3 03 w 9su ;,st.JALn w ss Cls c-S C-, L'. Si ;0 Ll L7..3 sSAq ClA SCLr' 0 r.j `0 m 0 !n 0 G x 0 o 0 0 U 0 M 0 0 LZ 0 0. 5)Y 0 s W -V. i 00 V q) CRS tA C4 0 r_� IJ o SS ss (9 tq Co 03 im CD ss S in G,w 0 n- X ID Ss SS Ss Sq SS "i s S 1 iD_ D_DD R R D i-, :R J>x, 1> D D D :D,D 1, D 1.D a 1. D D 1,D D D 1, 1.T,D 1. :> c C:c c Cc c c c C-_ C: c c c c M.D ID D D D M. D X. D D D D D D D D M. D D M. D D D D M.D D D �nnnnnnnnnnnnnnnnnnnn; nnnnnnon 0 n c-n m m n m C, 7 i7l cl q! C,' 0 0 0 4-4 qI (71 0 i; Cl 971. zzzzzzzzzzzzzzzmzzzzzz-zzzzzzzzzzzzz= zzzzzzmzzzzzzl -o mFi -mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmMM77mmmmmmmmmmmmm Vii_ T 7j -�n g X ;n ,- 0 ;n ;:n i T. ;n D :> 7>DD :> DDi- :E>7> DD X, D DD DDI. DDD DMI D D D D D D D D D D D D D D.a D a D D 3> DD 1.1, 1 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m .'.M m m m m m I 0 tv?,7 0 tz7 cl !_I 1-1 t7 tv tv ty t=l 0 tzl tz.t=f t=o t=l 07 C F-I cl tv t=%t=l 0 tv 0 t:; tv tj 0 t=l t=l tv tj C t:%tZI C3f--) tj tv t=%t7 C.,t7---1 I -) nnt -) nnonnonol C') n 0 C-)Ci n C-) C-)C') n n C-)0 C)n 0 n n n n n n n n n n C')C')C) n n m M 0 n n C mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmi 000004 9999,' 0 o5!A n 559519095551959 9955519 S 95955 S19x 9.9959"'959 .nn I z •. o. • l C.P.Ll,a t-1 a'--1 0 a LI 0 0 Ll 0 'l Ll Ll Ln Ln Ln Cl LI Ln Ln'l Ln Cl CI I LI Ll Ln Ln Ln Ul Ll'-.I Ln Cl Ln Cl Ll Ll Ln Ln LI Cl Ln i " � V V, T 0,0, T T Ll'n Ln'l Ll Ll Cl"in'•l •;;r l Ln'l Z l Ll•r Ll Ll 0 •'.LI '^ .-•l Ln Lrs.-1 -,f!a -1 Li.;.,l .;..l'r'-1 Li I - l; m __ snsSo5 5 ;0.a;10v o '0tc;0x-0v - e .a '0.0 .a.0 .0 �v0 '0 '0 -0 :C--0 '0 .0`' 0 .4, 0 0`0 i -n - \\ =sl ;msmrmsis � o o e o o e a e u 333 303mao3)mm `V �\IVVVVVVaaaaaaaaa I - i 1030 V 01 W r•J 51,00 V O,1-4A W PJY 9.0 M\i 011-4b.(.!?JY Sl,C 03 VCT_,q -4w tJn`003V 0`Ln3,W:'•J i D95 :.i w wW•`:ri ':;r1•: .'a:� W;,.: :,i'a!;sl sr', ,, W ':r! 'wi W'.h 9 9 n 5 9 5n 0 9 9 5 5 n,Q C s 0 9 5 n 0 S n s 7z^n 9 9 s C, n 5 n n- w CZ n i - t nZ. -0 V-oO V 10 C-10 10 10 `C,0 ,C,0,C`0 ,C y' V a C. 13 w C 0 `i:v3 'C'0 0 0 ,G v^ 0 C b `G ^0 C,0 C,0 0 C: ! - - :. ;.>`a0, a0,Tu, aTJ`TO,7,C.O,O,Ti,` T:!` a1-* ^•J,:•O, a J,a „h=,SSa 1,0-010• aP :3+ ! .. ££ £< << -! :? T 17?+ ,?-i ?70 C .J ._ v. 1.J !zz" G •�G ;j�. :1_ ., _ v 1 _ C J .' i _ r. 3 _. ,.Ln sla Ll - , .0101 �a -- �.• .x .� �.. .v -A ££ £< C'• -?-i -i-i -i£ T,:is :p 7_7fUi :A 11 ;f: ^. '"? 'A T: :? O� •^2 '�T' ~ - - i �� ti� '-7•. i, :- -1D D'--ID D 77T :C7D :-tC '•3GD 0D0DD.=ai' D -C -i•i•. CTG•-1£-<'C r?7 X;-OO:- M m TT `9 _'I:''7+-74".'� ;I::3:7 �7tTiS O?'n-7n a T - :? ;r;.� 7. r i " -^--{H-i 7<T-mX7-1-4Z 0 Tj:-If T O3C OC.-1 '-� -?%.:3,-1 -, 37 M D ;l0 T- 2 X1-7 x0Oz M OiT++T<:-;m D -{- 1 .i0f .--+• -1 '3 S ;A0co T D _ x ;0 :1D < .-i0 T17777D£7. z a-,n D?i 3`:7_ :?T.-+Ti 0_ TI T z D .T_ T 3 M' f3 D "tI _'a' :-t." :i:i. :-I- 0'0:l .4?LI. :-I u _C<f ? 0w S0ni> W a : - -{o D?r to U377-i-1_ ;.,-C Ln.��T -1 -i:?D7' T Z-?- -T r Z>M MZ>a0Dr - • 7. { .`7 z E: :n N .� J:f3 i7 0 -u 'JJ � '� ' -i, T, Z r-i:-a ;t•x '�'fn -1-! 9 M D w ;n U:7. ;^�? L^.1 :JI Ji S 7 -i "'S _= ' T ; Cv ,-.� D DTs -rT-r -{ D-t '-• D :-;" -s\ s,C 1: ;:-4 ;.: ,__ ] X Z^ Cor- -!(17277 WrDi 3C%t-i z ODD •'CO£41 - M ,ETM X U) X. Z .i H ? —..( 57!1 Ti W H—H -i a.i 3-qm m_H a.• �:- i.'3 j m m ;Z . . M EA v<ill TI n v H:•?z m M"i3; is r-03 C3 H m" z o a Cl H '- o Z Z T D 11--1 M '✓n D ML^::l G rrk C 3 C1 G v 7 Z '0 H.Z,O "•S 1-'I �"v 1--0 m -i0v -f z !•17 i•-1^t `-'H z• M c z --i 77 Zi10, 0M 3 0-M-i Enzz 0 -< H C::- Z M'u - M Vis- a `-' (A r• H Z r, D •• n C t. 'A Ts �.'n-t 77 T U). n ..} -i n Z n i W M Z 7 3 J J D j .✓ ' D D D D D D D D D D D J .l 7 =D D D D DD D D D D D D X. -? .l :N — a X. A 1-;1 - CA - - - _ -- rJ Ol Ln _ \i- r-i w M - -;:V a`0 a 9_ i r n M V 0--T W V Ll of 0' ^0 a 1-.7 5 5 a,t 1 5 L C !i 7,-'"iV 3••5 L n V M:-• r. •v _, G rJ(.7 G,J o 6t w rJ '-P 5 :xu o ,r 9 .f.5 v.S \9 .D.;C .�v. -1 n.Y r•J 0, }'tJ 'v1`a '.S S C, w C.. 5 C D 595619555999 ,'95 SS 00.99 ,9won i99'S•S S9 5959 S9 S9 S9 Gis 59 55 S 5 5 S 561 Sm 59 56155 55 561555y 555555 616155561 55 5Cg59 55 1 i t I Z Ln tri p .� rA `-` V r-i to-D :..tJ Y C` •A A.0 03 tJ Y Y W Y W ,C Ln pj " V`05 W 11 V s-`NL"Cn5,01-'1 V .103 Ln Cn tJ( YA .0 VA03'00,5Y L1 Ln C,00 M Ln ai Ln C. W.0 ' D`OY55S :0� v""S. ,.n t•Jp Ln i-`,09'vi `0ga 5Ln V VLnwi-',Awat4 .�07� w OLn r•J Ln IJ9cn t-JSSr+J Gi - - 'l'J' SC355t•JA 5 V 555Ca1 W 5 lin 0 0 0 0 555YC`Y O0Ln 0.YV V O, SLI Ij i-`5 i SS 0r W5 rJ055 tJ Ln 5035555567 5V n r>0)r•J (.3 LnY C. Y"10,5,r-J rpt x0 :"'N 55 Ln 07. G7@ s D D D D D D D D D D D D D D D D D D D D D D D D D D DD D D D D D D D D D D D D D D D D D D D D D ! n-! --i --I-i--r-i -r-i -i-1-i--i -i-i -i-i-i -i -r-I -i-i-i -I --I--I -1 -i-i-i-i 1 -1-1 -I -q-i-i -t-i ': " " "GC3O ^ "'6000000 O"'OCD ^�GGOO CG^ GO GOOr'COCO •^CG G 33 �Z3333 � 33333 �33 S33 � Z � Z �'3 �3�3"3 -'3� „ 3ZZ3Z 3'"3 Z3 � 3 -' .. D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D i --i-! -! _i -i'-j --i �- -{-i-{ -ti-1--1--!_i-i -i -!-i -i-i -i-i-i -!-i -j --i --i_i-i C H H H ., .... .. ..;;44444(-3441%07 4441, nn (ten 4444 nni: nn'n 444444 44 (7444 nn ! bl ^,.l ^• :: :�C .^,"� ^,4'i 4. Gl 1-1 6141 rt 4. <;:1 r0 :l0 41`? ow 0:t 0 610 — ^.•' :, M .T :_i 1�`1 M,; ,; n7` :- �,1 L , z -�z z z Z z Z z z z Z z z z z z z Z z z z - Z Z Z Z Z Z Z Z t Z Z Z Z Z Z �_Zz z z Z z L Z - i- i�i�r i1 iri rTi !'! rTl i'1 i�l rTl . -7'• In ��! TT. 777377�• 7771777771 -'77777T �TT7?�� 77TTT X33 TT',1 � :t 71 ;-T, D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D O n -i _-I--i--i� 1_-r-i•-{ -'! 1 -i 1 -i -i`_i -i_i._.I...I -j--i • T -i . . T - „ STl " P' rr1 rTmn ' < l" ! rRT " Tr CCCCCCCCCM M � T MMz ' � ^ - ' l" rT ' 7 CC C C C C .. C C C C Cty C C C C C C CCCCC ! r--# ;Ti ono, ;� 01-3n0C-)C-) n000n0nn0000('� �non0n000nnoMnc-r(no0nni - s in 7 :i;-77.77..777. 77, 7771.. 777'; 777777, 7 77': 777777 77 77 >•.7: 777!:777 77: 77: 7 I DC a 000005 L C:71 Z T 'xi f-I -1 Cl 0, �, �- 1 2 �z , masa`63 1 C� n �D .D C ,i NEZZzZi < X.M i --j 1 01 tV OMM, M— 1 0 Z z M.-1, 1 a--q 0<0 C') --q z En C .2,X y __ T, In Ic. -fD __ __ CA C.J I. t4 ri. 1-t o ZS) ZS) is; 1 1: i r.j I I Z fli I rY C9 1 C7 I cn A r.j PJ 0 W PJ ii r-j 1 -j I.m mrA mrrm I ji m m zzzZz —_ll --j mmmmmm ; — mmmmmm i En t::j f-I� 1-1 u M m m m m m 777777. i D Cid 00000t; REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-6 Through: Andrew J. Takata Meeting Date: 12/10/96 City Manager File Number: TTM 96002 Via: Steven L. DeCamp Acting Community Development Director From: Gary Kaiser, Associate Planner (SAul SUBJECT: Consideration of a tentative tract map application to divide an existing 7 . 36-acre lot into two (2) parcels of 2 .95 and 4.41 acres for single family residential use. Subject site is located at 1950 Traffic Way. (Levi Barrett/Daniel J. Stewart & Associates) . RECOMMENDATION• Approve Tentative Tract Map 96002 in accordance with the Planning • Commission' s recommendation. BACKGROUND: The Planning Commission conducted a public hearing on the above- referenced tentative tract map request on November 19 , 1996 . After discussion (see attached minutes excerpts) , the Planning Commission voted 7 :0 to approve Tentative Tract Map 96002 in accordance with the Findings of Approval contained in the staff report, dated November 19, 1996, and the attached Revised Conditions of Approval. :ph Attachments : Planning Commission Staff Report - November 19, 1996 Revised Conditions of Approval - November 19, 1996 Minutes Excerpts - November 19, 1996 i 000007 CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: Nov. 19, 1996 BY: Gary Kaiser, Associate PlannerG--41-01File No: TTM #96002 SUBJECT: Consideration of a tentative tract' map application to divide an existing 7.36-acre lot into two (2) parcels of 2.95 and 4.41 acres for single family residential use. RECOMMENDATION• Staff recommends: 1. That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) ; 2. That Tentative Tract Map #96002 be approved based on the Findings for Approval contained in Attachment E and the Conditions of Approval contained in Attachment F. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . .Levi Barrett 2. Representative. . . . . . . . . . . . . .Daniel J. Stewart & Assoc. 3. Project Address. . . . . . . . . . . . . 1950 Traffic Way 4 . Site Area. . . . . . . . . . . . . . . . . . .7.36 acres (gross) 5. Existing Use. . . . . . . . . . . . . . . .Single Family Residence 6. General Plan Designation. . . .Suburban Single Family 7 . Zoning. . . . . . . . . . . . . . . . . . . . . .RS (Residential Suburban) 8. Environmental Status. . . . . . . .Negative Declaration posted June 25, 1996 1 The one1 ( ) parcel now proposed to be divided into two (2) parcels is the product of a Parcel Map previously filed by the same applicant which created four (4) new parcels. Because the two (2) new parcels now being proposed would constitute the 5th and 6th contiguous parcels created by the applicant they must be created by Tract Map rather than Parcel Map. See Prior Subdivision Activity below for further explanation. 1 i 000U0S B. ANALYSIS• . The project site is 7.36 acres located at the intersection of Traffic Way and Obispo Road (Attachments A & B) . The applicant wishes to subdivide this site into two (2) lots: a 2.95-acre lot to encompass the existing single family residence and a 4.41-acre lot to be available for future single family use (Attachment C) . Site Conditions The average slope of the overall site is approximately 12%, with proposed Parcel 1 being somewhat steeper (14%) than proposed Parcel 2 (9.5%) . These average slope figures are misleading in this case, however, because a broad drainage swale running parallel to Obispo Road consumes half the site but it is on two flat bluffs above the swale that all development would occur if the project is approved. The applicant' s engineer has estimated that a 100-year storm event would inundate elevations at and below 822 feet. Such a scenario, where twelve (12) feet of standing water would cover the low spot in abutting Traffic Way, would not affect building areas on either of the proposed parcels which are at an elevation of 825 feet. Nevertheless, the City Engineer recommends that drainage calculations be provided to substantiate a more precise flood elevation and that a note then be placed on the final map to ensure upon development that floor elevations are at least one ( 1) foot above that elevation. It is unlikely that any special provisions whatsoever will be necessary to protect future structures from flooding and even if fill is necessary it' s effects would be negligible. Access Conditions The existing single family residence on proposed Parcel 2 has access from Traffic Way by way of an easement across an adjoining lot. This access does not meet current City standards but since the project would not impact that existing access easement a nexus does not appear to exist for the City to require its improvement to that standard as a condition of this project. The building site area on proposed Parcel 1 would gain access directly from Traffic Way. Due to vertical curves in this section of Traffic Way, precautionary measures are necessary to ensure a new drive approach has safe sight distance. The applicant' s engineer has confirmed this is possible without altering existing grades provided the new driveway connection is located at least eighty-five (85) feet from the adjacent property to the southeast (Parcel B of 31\PM\31) . A condition of approval is recommended by the City Engineer to ensure this matter is also not overlooked upon development. i 2 000009 General Plan/Zoninq The site is within a Suburban Single Family area, as designated by the General Plan Land Use Map, and is presently zoned Residential Suburban (RS) . The minimum lot size ranges in this zone from 2.5 to 10 acres, depending on the characteristics of the site proposed to be divided. For this site, the figure is calculated as follows: Lot Size Factor Distance from Center ( 12 - 14,0001 ) 0.40 Septic Suitability (20 min./inch: well-suited) 0.50 Average Slope ( 11-20%) 0.75 Access Condition (City-accepted Road) 0.40 General Neighborhood Character (2.56 x 0.2) 0.51 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.56 acres At 2.95 and 4.41 acres, each of the proposed parcels exceed the minimum lot size. Percolation tests have been provided which confirm that the building site area on the proposed new parcel is well-suited for a conventional septic/leachfield system. Prior Subdivision Activity The following discussion clarifies why the proposed subdivision is considered a tract map rather than a parcel map. According to the Attorney General, " . . .the successive division of contiguous parcels by the same subdivider must be considered together in determining the applicable standards to be applied under the Map Act" (61 Ops. Atty. Gen. 114 [ 1978] ) . The Attorney General further concluded that: "If the subdivider divides one of the contiguous parcels, sells the parcels created by this division and subsequently divides one of the contiguous parcels remaining in his ownership, he must include the parcels created by the first division in determining the applicable standards to be applied to the subsequent division. " (Id. at 115. ) At some point during or prior to 1980, the applicant purchased or otherwise acquired Lots 42 & 43 in Block 21 of the Atascadero Colony subdivision. In December of 1980, an application was made by the applicant to divide these parcels into four (4 ) new lots and on June 17, 1981 this map was recorded (AT 80-172) . Later in 1981, another Parcel Map was recorded to finalize an approved lot line adjustment. The two (2) lots which used to be Lot 42 were adjusted by that map but no additional parcels were created. 3 000:0310 The same applicant now proposes to further divide one of the four (4 ) lots created and then adjusted in 1981. Thus, although the subdivision now being proposed would result in the creation of only one ( 1) additional lot, it would actually be the 5th and 6th lots created by the applicant and must therefore be titled and processed as a tentative tract map rather than a tentative parcel map. The standard is new lots, not additional lots. The applicant' s current request to subdivide allows the City to retroactively examine all six (6) lots against the standards that applied at the time each was created and require any improvements the City was remiss to require at the time the others were approved. When the other lots were approved in 1981, however, the City did not have adopted road standards nor were special standards and requirements for "flag lot" subdivisions in place. A review of prior map files indicates that a thorough review took place and that all standards and conditions imposed were in fact satisfied. The Fire Department confirms that access to all existing and proposed parcels is presently acceptable and it does not appear that retroactive improvements will be necessary. Environmental Review An Initial Study has been prepared which reveals the project' s potential impacts and speaks to their significance with respect to the quality of the physical environment. Staff has found no substantial evidence that the project could have significant adverse effects on the environment and has therefore prepared and circulated a draft Negative Declaration for the project. Although the proposed project would not require grading or tree removals, the recommended improvements along Traffic Way would require the removal of two (2) relatively small but healthy Oaks. In addition, a small amount of fill may be needed to support recommended Traffic Way improvements where the swale intersects Traffic Way. The swale does not appear to have significant riparian habitat value and only a very small portion of the swale would be affected. The placement of this fill is not considered a potentially significant impact and tree removals ( 12 & 14-inch Live Oaks) would be adequately mitigated through Tree Ordinance compliance. CONCLUSIONS: The proposed project is consistent with the General Plan and satisfies all applicable Zoning and Subdivision Ordinance requirements. Staff has found no substantial evidence that project approval could have significant adverse environmental effects and indeed the project is consistent with surrounding development patterns. 4 ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C -- Tentative Tract Map Attachment D -- Negative Declaration Attachment E -- Findings for Approval Attachment F -- Conditions of Approval c:\maps\ttm96002.sr 5 0000,11 ATTACHMENT A O LOCATION MAP (GEN. PLAN) CITY ATASCADERO TTM 496002 COMMUNITY DEVELOPMENT • �,� DEPARTMENT .«ll-W i»iiii}9uu •,7 `« n:r Ii: :.;.n:.r.u ,r• k ««� �•as�122' '.''% t'S' � -:-�..-'c':i�.s;=�«'s �•s:•'•r:;••n::.µr»«u�.' Sii �: «•»•• .:s«i":s}i: �.., .«��i2::iw••';'i3..•. i? .ti.iiiu�;•'inti.,••.». •ti: y»... a, � it.{.y:::�:ir «�iii •nyi•: y..»,....��.«u.• f3}�y �ii•'n «. �i;y7�I,��'��i»»•'i'f":"i'» :i.:'»::" 'ilii,«,:. 1 'y f M _ r�.'i i.»..•, i:ii{ ,:.+ a«•, •ii:.. t«-"-"" � i}...:" Si'fyr»».�........«.«.« K «.=i« ••�'«r .y�y^�, } •,,y�i•}t„ w ..••an}.� .»:} ',i.'•• •'r«««}«ar»..r ... hii}}:... .�•Y �'»:,«»«i:u.. �i :ti»�'',ii:»:'i'a�,:i::� y _ ..i:.. .3�3« •'3~it •:s:: ::5'»•�r�:«••««i ::::::..... �i»i::s�w�:::::::»:.�y i} .:�i: ;:.::«...::':::^» �iii^::• .r n. u tilt? ".ui iiiii?«y=...ii:}s�»�� i �»iuy, s u»ur»•s»'£i««a...iii:..•�,::.:.:.:::.«.,::".:.; iiiii•:n.r }::iii ui•t'iii �«u•••„«..•,:««;;:s..»,,. :«iiiii}•'r. ii ....f;...ura •» ::««i N,yra..»:...,.i ar�:..ra .:s^•a..sii;3=}i?��' u:..,»»-;;iii• R� « ii?N: 4iii:rs.:•:yid« a ;amu i .» .i »...z«r CE RRO C�1R �� •is,,,...0 i �«a»» .isa�ii»��y`:i>:•. =•••••SY..-»aarii "":�i t »:s~. :i�«:}� x:•».u' »ira' 's:i;;�i?ii������r���'i � t« ii Gi;: iiraa..«:k»i i .•«a :. s=x���'�srr'�••i}i ..... »»rte«•"' .".:�µ'x}»�•x��i�-.,•s»'.S,,»'» :.»«i••«. .. �Mci»:}}::ai;.. :«�?5}5w 2:3�:�•.=a:r.�«•-iii'" TRA YVAT TR ' '`per<i<•.; .Y:,�:...�.<,ti:<•:i:?•::•}<:•:} .rte<;:;!:;�r;:•• r::;•x•::;:� B A EC Rio � �4MrNo R<q \ irq C wr..': - o/ O u -- �Z l_ 000013 ATTACHMENT B CITY O� ATASCADERO ( TGTMATION#96002AP (ZONING) t COMMUNITY DEVELOPMENT DEPARTMENT 40 PI�o r� i / �FERRC?CARII TRAFFIC TRAFFK r { 0 iELL_ LAJ Vrl l + ? \ 1, / r � COA U .. I / s' R /l i tiwY GT "0^ ' �T / _ O I a , m ti D i 000014 ATTACHMENT C TENTATIVE TRACT MAP I I Y i)h ALAS(_A I )H'(1( � TTM #96002 _stnane� COMMUNITY DEVELOPMENT DEPARTMENT � w opo • Q �Wa� a�� Z v� . > M a h h v p n , A9apaooa'i'k i3�tx3 is °Z11I 9I. � i3 �W e,• 11�11�-•--- 3`a v Iv� � -cvr •-•�.Lnw f.rtr .�,Wp V�l - �. �V 1. �I cWa fill'e ,11�.0�(• �_ c , 7 x1 R� Q\ � n' V ti 033332i'Og��3�ies y o' q. . �� -n 9/VLL�:X� � � h �•bab a�8°.'�.,�a�,�hh��aq jG c �� •�_ '� �� ala '°' .. � 1 n - /1p0 Lc) 00 r ATTACHMENT D CITY O� ATASCADERO NEGATIVE COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR: NEGATIVE DECLARATION COMMUN=DEVELOPMENT DEPT. 6500 PAUAA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: L6g1 e.-AZZE7TT' to So `t'PJNT-F 1 c.. i�i1�Sro� CA, g342"Z PROJECT TITLE: L m� -* 9( O O Z PROJECT LOCATION: 1 g Sp -t?_qJT i c_ L)--,A,.--i PROJECT DESCRIPTION: Sv►3 J t p 7.36- A-.r-(Z6 UoT tN T�v Cz 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 indirec*1y. 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. STEVEN L. DECAMP CITY PLANNER Date Posted: U-6 r1E 2 S Date Adopted: s C.DA I I-d9 0000.:16 n:; ATTACHMENT E - Findings for Approval Tentative Tract Map #96002 0 1950 Traffic Way (Barrett/Stewart) November 19, 1996 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment because potential sight distance deficiencies can and will be avoided by restricting the driveway location on Parcel 1 by way of a note on the final map. The Negative Declaration prepared for the project is adequate. MAP FINDINGS• 1. The proposed subdivision is consistent with applicable General and Specific Plans. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6 . The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. C: \data\wp\maps\TTM96002.fin 00001'7 ATTACHMENT F -- Conditions of Approval Tentative Tract Map #96002 1950 Traffic Way (Barrett/Stewart) 18 November 19, 1996 CONDITIONS OF APPROVAL: 1. The final map to be recorded shall show a designated building area on proposed Parcel 1 consistent with that shown on the tentative map. All future buildings and structures shall be limited to that area. Engineering Division Conditions 2. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard S or as directed b the Cit Specifications and Drawings y Y Engineer. 3. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 4. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared for the . property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded on, or concurrently with, or prior to the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 6. All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 7 . The relocation and/or alteration of existing utilities shall be the responsibility of the applicant. 8. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. (Page 1 of 4) 000018 9 . Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 10. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 11. A black line clear Mylar (0.4 mil) copy and a blue line print of the final map shall be provided to the City upon recordation. 12. A final tract map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The final map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 13. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Traffic Way shall be improved from the centerline to the property frontage in conformance with City Standard 403, Type B (Rural Collector) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A decomposed granite or gravel walkway shall be constructed contiguous to the Traffic Way property frontage in conformance with City Standard 403, or as approved by the City Engineer. C. Offers of dedication shall be provided for all proposed and existing public improvements which are constructed outside of the existing right-of-way on Traffic Way or Obispo Road. Offers of dedication shall be recorded on, or concurrently with, or prior to the final map. (Page 2 of 4) d. Slope easements shall be provided as needed to accommodate cut or fill slopes. e. A 5' offer of dedication shall be provided contiguous to the Traffic Way and Obispo Road property frontages. The minimum property line radius for the Traffic Way/Obispo Road intersection shall be 20' or as approved by the City Engineer. The offers of dedication shall be recorded on, or concurrently with, or prior to the final map. 14. All public improvements shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 15. The public improvements required by these conditions of approval shall be substantially complete prior to the issuance of building permits. Requirements for the construction of off-site improvements shall be noticed by a statement on the final map or by a separate instrument recorded on, or concurrently with, or prior to the final map. 16. The area inundated during a 100-year design storm shall be shown on the grading & drainage plan and on the final map or a separate document to be recorded on, or concurrently with, or prior to the final map. The minimum finished floor elevation for Parcel 1 shall be shown on both the grading & drainage plan and the on the final map. Drainage calculations shall be submitted for review and approval by the City Engineer which demonstrate the area inundated during a 100-year design storm. 17. The applicant shall submit a drainage acceptance agreement for the storm water discharging onto Parcel 1 from the 18" CMP culvert on Obispo Road. The form and content of the agreement shall be reviewed and approved by the City Engineer and City Attorney. The drainage acceptance agreement shall be recorded on, or concurrently with, or prior to the final map. (Page 3 of 4) 000o _ 18. The applicant shall submit a drainage acceptance agreement • for the storm water discharging onto Parcel 2 from the 36" CMP culvert on Obispo Road. The form and content of the agreement shall be reviewed and approved by the City Engineer and City Attorney. The drainage acceptance agreement shall be recorded on, or concurrently with, or prior to the final map. 19. A 6 ' Public Utility Easement (PUE) shall be provided along both the Traffic Way and Obispo Road property frontages. 20. The construction envelope for which a 40 mph site distance can be maintained on Traffic Way for the Parcel 1 driveway shall be shown on the final map. 21. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. C:\data\wp\maps\TTM96002.con (Page 4 of 4) 000021 ATTACHMENT F -- Conditions of Approval Tentative Tract Map #96002 . 1950 Traffic Way (Barrett/Stewart) As Revised by Planning Commission @ November 19, 1996 Hearing CONDITIONS OF APPROVAL: 1. The final map to be recorded shall show a designated building area on proposed Parcel 1 consistent with that shown on the tentative map. All future buildings and structures shall be limited to that area. Engineering Division Conditions 2. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the map, all outstanding plan check/inspection fees shall be paid. 4. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. 5. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or • other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. A separate document shall be recorded on, or concurrently with, or prior to the final map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created lots. 6 . All existing and proposed utility, pipeline, open space, scenic or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 7 . The relocation and/or alteration of existing utilities shall be the responsibility of the applicant. 8. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. (Page 1 of 4) 0000;2"2 9 . Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City • Engineer. 10. A grading and drainage plan, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 11. A black line clear Mylar (0.4 mil) copy and a blue line print of the final map shall be provided to the City upon recordation. 12. A final tract map in substantial conformance with the approved tentative map and in compliance with all conditions set forth in the City of Atascadero Subdivision Ordinance and the Subdivision Map Act shall be submitted to the City Engineer for approval. The final map shall be signed by the City Engineer prior to it being placed on the agenda for City Council approval. 13. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the • City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Traffic Way shall be improved from the centerline to the property frontage in conformance with City Standard 403, Type B (Rural Collector) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. A decomposed granite or gravel walkway shall be constructed contiguous to the Traffic Way property frontage in conformance with City Standard 403, or as approved by the City Engineer. C. Offers of dedication shall be provided for all proposed and existing public improvements which are constructed outside of the existing right-of-way on Traffic Way or Obispo o Ro p ad. Offers of dedication shall be recorded on or concurrently with, or prior to the final map. (Page 2 of 4) 00002-3 d. Slope easements shall be provided as needed to accommodate cut or fill slopes. e. A 5' offer of dedication shall be provided contiguous to the Traffic Way and Obispo Road property frontages. The minimum property line. radius for the Traffic Way/Obispo Road intersection shall be 20' or as approved by the City Engineer. The offers of dedication shall be recorded on, or concurrently with, or prior to the final map. 14 . All public improvements shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 15. The public improvements required by these conditions of approval shall be substantially complete prior to the issuance of building permits. Requirements for the construction of off-site improvements shall be noticed by a statement on the final map or by a separate instrument recorded on, or concurrently with, or prior to the final map. 16 . The area inundated during a 100-year design storm shall be shown on the grading & drainage plan and on the final map or a separate document to be recorded on, or concurrently with, or prior to the final map. The minimum finished floor elevation for Parcel 1 shall be shown on both the grading & drainage plan and the on the final map. Drainage calculations shall be submitted for review and approval by the City Engineer which demonstrate the area inundated during a 100-year design storm. 17 . The applicant shall submit a drainage acceptance agreement for the storm water discharging onto Parcel 1 from the 18" CMP culvert on Obispo Road. The form and content of the agreement shall be reviewed and approved by the City Engineer and City Attorney. The drainage acceptance agreement shall be recorded on, or concurrently with, or prior to the final map. (Page 3 of 4) . 000024 18. The applicant shall submit a drainage acceptance agreement for the storm water discharging onto Parcel 2 from the 36" 0 CMP culvert on Obispo Road. The form and content of the agreement shall be reviewed and approved by the City Engineer and City Attorney. The drainage acceptance agreement shall be recorded on,, or concurrently with, or prior to the final map. 19. A 6 ' Public Utility Easement (PUE) shall be provided along both the Traffic Way and Obispo Road property frontages. 20. The construction envelope for which a 40 mph site distance can be maintained on Traffic Way for the Parcel 1 driveway shall be shown on the final map. 21. This tentative map approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 22. Proposed Parcel 1 shall have access directly from a public street and shall have no access, be it primary or secondary, from the private, common driveway serving the existing residence on proposed Parcel 2. A note to this effect shall appear on the final tract map. M \data\wp\maps\TTM96002.co2 (Page 4 of 4) 02.1 MINUTES EXCERPTS - 11/ 19/96 CITY OF ATASCADERO PLANNING COMMISSION 11/19/96 ACTION MINUTES SUBJECT: B. HEARINGS APPEARANCES AND REPORTS 1. TENTATIVE TRACT MAP 96002: Consider the application of Mr. Levi Barrett (Daniel J. Stewart &.Associates) for the division of a 7.36-acre site into two (2) parcels of 2.95 and 4.41 acres for single-family residential use. Subject site is located at 1950 Traffic Way. STAFF RECOMMENDATION: (Gary Kaiser) The Planning Commission should recommend the following actions for the City Council' s consideration: 1. That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) . 2. That Tentative Tract Map #96002 be approved based on the Findings for Approval contained in Attachment E and the Conditions of Approval contained in Attachment F. In presenting the staff report, Gary Kaiser recommended an additional condition to read: " 22. Proposed Parcel 1 shall have access directly from a public street and shall have no access, be it primary or secondary, from the private, common driveway serving the existing residence on pro- posed Parcel 2. A note to this effect shall appear on the final tract map. " Gary responded to questions from the Commission. TESTIMONY: None - (The applicant was present but agreed with the staff recommendation and chose not to speak. ) ACTION: Find that the Negative Declaration prepared for the project to be adequate under the requirements of the California Environmental Quality Act (CEQA) . Motion: Bowen Second: Wallace -3- . ( 00026 Planning Commission Meeting - November 19, 1996 . Page 4 of 9 AYES: Bowen, Wallace, Johnson, Hageman, Sauter, Edwards, Zimmerman NOES: None ABSENT: None MOTION PASSED: 7:0 ACTION: Approve Tentative Tract Map #96002 based on the Findings for Approval contained in Attachment E and the Conditions of Approval contained in Attachment F' as modified. Motion: Bowen Second: Wallace AYES: Bowen, Wallace, Johnson, Hageman, Sauter, Edwards, Zimmerman NOES : None ABSENT: None MOTION PASSED: 7:0 B. ' 2 . GENERAL PLAN AMENDMENT 96001/ZONE CHANGE 96003: \\ Consider the applications of Rex Hendrix (Westland Engineering) to change the Land Use designation o pertain real property from Retail Commercial t igh D ty Multiple Family Residential and the rres- pondi. Zone Change from CR to RMF-16 . Su ect site is located at 9505 E1 Camino Real. STAFF RECOMMENDATION�Doug Davidson) The Planning Commission shoii`14 recommen he following actions for the City Council' s conside`riation: 1 . Find the Negative Decl ation to be adequate under the guidelines of the C fornia' Environmental Quality Act. 2 . Recommend appro 1 to the City Co cil of General Plan Amendment 96 1 as contained in Reso tion 96-96 . 3 . Recomme approval to the City Council ofone Change 96003 s contained in Ordinance 317 . 0000x'7 REPORT TO COUNCIL Meeting Date: 12-10-96 • CITY OF ATASCADERO Agenda Item: A-7 THROUGH: Andy Takata, City Manager VIA: Brady Cherry, Director of Community Services//,W 1, FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT. Contract Award For Construction Of Wastewater Gravity Main Across Atascadero Creek RECOMMENDATION: Approve Resolution No. 107-96, awarding Whitaker Contractors Inc. a contract for the reconstruction of the Wastewater Gravity Main which crosses Atascadero Creek at Curbaril Avenue. BACKGROUND: The wastewater gravity main which crosses Atascadero Creek at Curbaril Avenue, was constructed beneath the creekbed in 1971 . Erosion of the creek-bed over the past twenty-five years has exposed this mainline to the full force of Atascadero Creek and the debris which is carried by the flow during the rainy season. In 1995, an effort to fortify this exposed concrete encased clay pipeline failed during high winter flows, leaving this section of pipeline frail and unprotected. The exposed section of pipeline has now deteriorated to the point where a strong creek flow is likely to rupture this line and cause sewage to spill into Atascadero Creek. On July 5, 1996 the City entered into a contract with Boyle Engineering Corporation for the design of a repair for this creek crossing. With a desire to complete this creek crossing before the onset of the rainy season, a tentative schedule which gave this project a construction start date of October 1st, was issued. Now well behind schedule, if this project is to be completed before the creek flow becomes too vigorous, construction must begin as soon as possible. 000028 DISCUSSION: Seven local construction firms were invited to submit bid proposals . These firms were given only three days in which to • prepare and submit bids . Bid packages were obtained by four construction firms and all four firms responded with proposals . The fee which each submitting firm would require for their services are as follows: 1 . R.Baker Inc. . . . . . . . . . . . . . . . . . . . . . .$ 104, 614 2 . Whitaker Contractors Inc. . . . . . . . . .$ 69, 873 3 . Sansone Company Inc. . . . . . . . . . . . . . .$ 124, 949 4 . A-Jay Excavating Inc. . . . . . . . . . . . . .$ 81, 580 FISCAL IMPACT. $ 69, 873 . 00 An allotment of $250, 000 for the replacement of the gravity main at Curbaril Avenue and for the replacement of the wastewater forcemain from Wastewater Pumping Station No. l which crosses Atascadero Creek near the city street yard is part of the Wastewater Divisions FY 96-97 budget (Item 790- 84320-0900) . Attachments: A) Resolution No. 107-96 B) City Clerk' s Bid Summary 0000 9 RESOLUTION NO. 107-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WHITAKER CONTRACTORS, INC. FOR CONSTRUCTION OF WASTEWATER GRAVITY MAIN ACROSS ATASCADERO CREEK 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 Whitaker Contractors, Inc. for the construction of a wastewater gravity main across Atascadero Creek. 2 . The City Manager is hereby authorized to make minor corrections or modification 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 10th day of December, 1996. ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000030 BID SUMMARY 40 TO: Mark Markwort, Chief of Wastewater Operations FROM: Cindy Holton, Deputy City Clerk BID NO.: 96-07 OPENED: 11/22/96, 2:00 p.m. PROJECT: Curbaril Sewer Main Repair Project (4) bids were received and opened today, as follows: Bidder Sheeting & 8" Gravity Sewer Main Total Base Shoring (Curbaril Ave. crossing) Bid R. Baker, Inc. $1 ,000 $103,614 $104,614 P.O. Box 419 Arroyo Grande 489-8711 Whitaker Contractors $10,000 $59,873 $69,873 P.O. Box 910 Santa Margarita 438-5751 Sansone Co., Inc. $1 ,056 $123,893 $124,949 710-21 Fiero Ln. San Luis Obispo 549-0667 A-Jay Excavating, Inc. $1 ,000 $80,580 $81 ,580 P.O. Box 554 Atascadero 466-0300 Attachments: 4 bids 000031 REPORT TO COUNCIL Meeting Date: 12-10-96 CITY OF ATASCADERO Agenda Item: A-8' THROUGH: Andy Takata, City Manager VIA: Brady Cherry, Director of Community ServicesA(/ FROM: Mark Markwort, Chief of Wastewater Operations 9 SUBJECT: Contract Award For Construction Of Wastewater Pumping Station No.5 Forcemain Under Atascadero Creek RECOMMENDATION.- Approve ECOMMENDATION.Approve Resolution No. 108-96, awarding A-Jay Excavation Inc. , a contract for the reconstruction of the forcemain from Wastewater Pumping Station No.5, at it's crossing under Atascadero Creek. BACKGROUND: The forcemain from Wastewater Pumping Station No.5, until last February, crossed under Atascadero Creek near the city street yard. Constructed in 1977, the effects of creekbed erosion over the past twenty years culminated, last February, in the destruction of this pipline and the spillage of approximately 500, 000 gallons of sewage into Atascadero Creek. Although a temporary bridge and forcemain was constructed across the creek within 72 hours of the discovery of this break, the temporary forcemain is one-half the diameter necessary to transport winter flows to the wastewater treatment facility. In addition, the temporary forcemain-bridge was constructed below the 100 year flood plain. If not replaced with a properly sized forcemain that is protected from damage by high creek flow, it is only a matter of time before another spill occurs . On July 5, 1996 the City entered into a contract with Boyle Engineering Corporation for the design of a repair for this creek crossing. With a desire to complete this creek crossing before the onset of the rainy season, a tentative schedule which gave this project a construction start date of October 1st, was issued. Now well behind schedule, if this project is to be completed before the creek flow becomes too • vigorous, construction must begin as soon as possible. 000032 DISCUSSION: Seven local construction firms were invited to submit bid proposals. These firms were given only three days in which to prepare and submit bids. Bid packages were obtained by four construction firms and all four firms responded with proposals . The fee which each submitting firm would require for their services are as follows: 1 . R.Baker Inc. . . . . . . . . . . . . . . . . . . . . . .$ 106, 313 2 . Whitaker Contractors Inc. . . . . . . . . . $ 92, 380 3 . Sansone Company Inc. . . . . . . . . . . . . . .$ 147, 829 4 . A-Jay Excavating Inc. . . . . . . . . . . .$ 91, 140 FISCAL IMPACT: $ 91, 140.00 An allotment of $250, 000 for the replacement of the gravity main at Curbaril Avenue and for the replacement of the wastewater forcemain from Wastewater Pumping Station No. l which crosses Atascadero Creek near the city street yard is part of the Wastewater Divisions FY 96-97 budget (Item 790- 84320-0900) . Attachments : A) Resolution No. 108-96 B) City Clerk' s Bid Summary 000033 RESOLUTION NO. 108-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A-JAY EXCAVATING FOR CONSTRUCTION OF WASTEWATER PUMPING STATION NO. 5 FORCEMAIN 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 A-Jay Excavating for the construction of Wastewater Pumping Station No. 5 forcemain under Atascadero Creek. 2. The City Manager is hereby authorized to make minor corrections or modification 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 10th day of December, 1996. ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk By:RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000034 BID SUMMARY TO: Mark Markwort, Chief of Wastewater Operations FROM: Cindy Holton, Deputy City Clerk BID NO.: 96-08 OPENED: 11/22/96, 2:00 p.m. PROJECT: Pump Station #5 - Sewer Force Main Repair Project (4) bids were received and opened today, as follows: Bidder Sheeting & 16" Force Main Total Base Shoring (Pump Stn. #5 crossing) Bid R. Baker, Inc. $1 ,000 $105,313 $106,313 P.O. Box 419 Arroyo Grande 489-8711 Whitaker Contractors $10,000 $82,380 $92,380 • P.O. Box 910 Santa Margarita 438-5751 Sansone Co., Inc. $841 $146,988 $147,829 710-21 Fiero Ln. San Luis Obispo 549-0667 A-Jay Excavating, Inc. $1 ,000 $90,140 $91 ,140 P.O. Box 554 Atascadero 466-0300 Attachments: 4 bids 00003.5 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A - 9 Through: Andy Takata, City Manager Meeting Date:12/10/96 From: Alicia Lara, Personnel Analys ' SUBJECT: Benefit Adjustments for Confidential'Wloyees - Fiscal Years 1995/96 and 1996/97. RECOMMENDATION: Adopt Resolution 'No. 1109-96 adjusting benefits for the Confidential Employees. BACKGROUND: Employees classified as Codkential are non-represented. This resolution covers employees in the classificatioref Secretary to the City Manager and Personnel Analyst. Salary and benefits for thenvembers of this group are reviewed annually. However, there was a delay in negotns for other bargaining units due to budget issues and a resolution was not adoptedUrthis group last fiscal year. DISCUSSION: This resolution covers a two„ r period, fiscal year 1995/96 and • 1996/97. Including the term of this resolution, thw have been no salary increases for three years. (Reflected in the attached salW schedule (Exhibit A) adopted on October 22, 1996.) Prior to 1994 the City paid the cost of incregad medical, dental, vision and life insurance premiums for the employee in this grew and their dependents. The City's goal continues to a to level off and make equnefits for all employees, who are covered by various bargaining units and non-reposented groups. As of November 1, 1994 the City started paying a flat amount, whprovided insurance for employees, while allowing the City to better anticipate and caftl costs for budgeting purposes. There were no increased costs to insurance is 1994 or 1995. Insurance costs increased for this fiscal year effective November , 1996. The increased costs are $4.45 per month for the employee and $8.16 peraDrnth for dependents. The City will pay the increased premium for Confidential yees and 50% of the increased premium for dependents. FISCAL IMPACT: The total fiscal impact of:thetwo year term of this resolution is $136.48. Attachments: Resolution 109-96 Salary Schedule (Exhibit A) • 000036 RESOLUTION 109-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR CONFIDENTIAL EMPLOYEES aE IT REWVED by the City Council of the City of Atascadero as follows: ySEC11Offt SALARIES 1.1 SaIiii6s in effect on June 30, 1994, shall be increased by 0.9% (nine tenths of a pent) in the form of nineteen (19) hours furlough for the fiscal year. Furlough time -°murle scheduled to meet departmental needs. Nineteen (19) hours furlough will be .,,2dft each fiscal year to be used within the fiscal year, until the City's financial sihADn is such that the 0.9% can be added to base salary. 1.2 7aWompensation. The parties agree and acknowledge that salary, employer paid refi ment costs and employer contributions towards insurance(s) shall constitute " compensation"and will be the basis of comparison in future negotiations. 1.3 TheWrties agree that future Cost of Living Allowances and health benefits for banning units that negotiated for fiscal years 1995/97, shall be equal to all other Ciployees. Unit employees shall receive any increases in benefits to COLA, (heft benefits and leave accruals in an amount at least equal to that which is .retied by other bargaining units for fiscal years 1995/97. The cost of these -edftDnal benefits shall be calculated in a manner to provide accurate comWrison with the other bargaining unit. 1.4 Ogre, except training time, shall be compensated at the rate of time and one- .haftay for hours worked in excess of 40 hours in each work week. Paid time off sb9lbe considered time worked for overtime compensation. Overtime hours shall bea�culated per Resolution 52-82, Section 9, amending City of Atascadero Rules ,-andffegulations Section 10.18.3. SECTION 2.HEALTH BENEFITS 2.1 TheDy shall pay a total of $400.00 per month toward the cost of all medical, dental, fifeimmrance and vision benefit premiums for the employee and dependents. Effective Neer 1, 1996, the City will contribute 100% of increased costs to monthly preidims for employees and 50% of increased costs for dependent health insurance perms based upon the HMO plan premium costs. 2.2 Thrmemployees without dependents or who choose not to enroll their dependents in thel'* health plan, will receive the remaining amount of the ,prem as an addition to their regular pay. 2.3 he y shall provide a term life insurance policy on each employee in the amount of F . ousand Dollars($50,000). 00003'7 RESOLUTION 109-96 CONFIDENTIAL UNIT PAGE 2 2.4 The City shall provide a term life insurance pfty for each eligible dependent enrolled in heath coverage in the amount of One Thomand Dollars ($1,000) per dependent. SECTION 3. ADMINISTRATIVE LEAVE 3.1 Each employee will receive sixteen (16)">nouwof Administrative Leave which will vest as of July 1 annually. Administrative Leavenot be carried over to accrue from one fiscal year to the next. sr—c-riON 4. RETIREMENT 4.1 The City shall continue to pay the employeeeontribution (7% of base salary) to the Public Employees Retirement System (PER . .'r the term of this agreement. SECTION 5. SICK LEAVE 5.1 There will be no maximum limit on the<anunt of sick leave an employee may accumulate. 5.2 An employee may use a maximum of forty t , urs sick leave per fiscal year, for the • care of dependents who are ill, injuror pregnant and who are living in the employee's household. In extenuating cstances, the employee may make a request for additional sick leave to be usedffir dependent care, to their Department Head who shall make a recommendation to*zCity Manager for final approval. SECTION 6. SICK LEAVE INCENTIVE 6.1 Eligibility-to be eligible for this benefit aneree must: a. Have accumulated 48 days of sick#esu. b. The sick leave pay-off will occurAhenext 12-month period (December 1 - November 30) after an employee hasacumulated and maintained the 48 days on the books. C. In the event an employee covered by�ft agreement donates up to 12 days of sick leave in any one year, to the a Sick Bank, it shall not count against the 48 day accumulation for eligibilidyllixeceive the incentive pay-off. 6.2 Once the eligibility requirements have been , an employee may opt to receive a pay-off equal to one-third (1/3) of the un annual allotment of sick leave. (The annual allotment is twelve (12) days.) 6.3 The time period for determining annual usagewill be December 1 to November 30. Checks will be prepared by December 15. SECTION 7. SICK LEAVE PAY-BACK 7A When an employee terminates employment. d standing, after five (5) years of 000038 RESOLUTION 109-96 CONFIDENTIAL UNIT PAGE 3 continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 8. HOLIDAY 8.1 The Birthday (Floating) Holiday (8 hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year, to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 8.2 Martin Luther King's Birthday shall be observed as a holiday. SECTION 9. TERM OF AGREEMENT 9.1 This agreement shall be effective 0001a.m., July 1, 1995, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1997. On Motion by , and seconded by , the foregoing resolution is Hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 00003S. 1 CITY OF ATASCADERO SALARY SCHEDULE Exhibit A EFFECTIVE 07/01/96;ADOPTED 10/22/96 Resolution 93-96 Page 1 of 2 BAR JOB JOB FUNDED UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP MONTHLY RATE EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78 MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98 MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98 MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75 MM 3160 ADMIN ANALYST/PW 1.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34 MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98 MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35 MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52 MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23 • MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54 MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15 MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26 MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05 FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45 FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 3122.92 3279.07 3443.02 FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95 GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98 GS 3311 BLDG INSP 11 1.00 2535.63 2662.41 2795.53 2935.31 3082.07 GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21 GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 3321 ENGINEERING TECH 11 0.00 2302.55 2417.68 2538.56 2665.49 2798.76 GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49 GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90 GS 6121 MAINT WORKER 11 8.00 1951.75 2049.34 2151.80 2259.39 2372.36 GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92 GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94 GS 6312 WWTP OPERATOR II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37 GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80 GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87 CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4111 ACCOUNT CLERK II 1.50 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21 00003S, 7-- Exhibit A Resolution 93-96 Page 2 of 2 CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4510 OFFICE ASS'T 1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96 CU 4511 OFFICE ASST 11 0.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4512 OFFICE ASST 111 0.00 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41 AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40 PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3115.40 3271.17 SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57 SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33 TOTAL FUNDED 95.00 000038. ',:,. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-10 Through: Andy Takata, City Manager , Meeting Date: 12/10/96 From: Alicia Lara, Personnel Analys SUBJECT: Memorandum of Understanding (MOU) between the City of Atascadero and the Atascadero Fire Captains Bargaining Unit. RECOMMENDATION: Adopt Resolution No. 110-96 adjusting benefits for the Atascadero Fire Captains Bargaining Unit. BACKGROUND: The Atascadero Fire Captains Bargaining Unit is a City recognized unit. It represents the classification of Fire Captains and currently has four members. DISCUSSION: This MOU covers a two year period, fiscal year 1995/96 and 1996/97. There is no salary increase for the term of this contract. The attached salary schedule (Exhibit A) adopted on October 22, 1996, reflects a zero percent increase. Prior to 1995, the City paid the cost of increased insurance premiums for the employee . and a negotiated flat rate amount for dependents. This MOU will increase the City's contribution to health insurance premium costs, based upon the HMO medical plan, which has a lower premium (and increase)than the"indemnity-type" plan. In our continuing effort to equalize as many benefits as possible among all the bargaining units, the increase premium costs for dependents will be picked up at 50% by the City. Although there was no increase in 1995, there is an increase in premiums effective November 1, 1996. That results in the City paying an additional $4.45 per employee per month and a $4.08 increase to dependent coverage. The inclusion of Sick Leave Incentive for this unit equalizes this benefit City-wide. Since the time other bargaining unit employees have had this benefit, sick leave usage in those units, overall, has decreased. This benefit is at the option of the employee, once they have met the eligibility requirements. FISCAL IMPACT: The total fiscal impact of the Fire Captains MOU for the two year term is $272.96. Attachments: Resolution 110-96 Salary Schedule (Exhibit A) i 000039 RESOLUTION NO. 110-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE CAPTAINS BARGAININGiNIT WHEREAS, The City of Atascadero has met and conferred-imgood faith with the Atascadero Fire Captains Bargaining Unit for the purpose of discusbg wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero FireUptains Bargaining Unit have reach an agreement regarding said wages, benefits archer conditions of employment for the term of Fiscal year 1995/96 and 1996/97; NOW, THEREFORE, BE IT RESOLVED that the Atascaderodity Council hereby approves the Memorandum of Understanding between the City arifte Atascadero Fire Captains Bargaining Unit for Fiscal Year 1995/96 and 1996/97 aruthorizes the City Manager, as the Employee Relations Officer, to enter into said agret on behalf of the City. On motion by Councilperson , seconded by Councierson , the foregoing resolution is hereby adopted in its entirety on the following rdleall vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASC CA By: RAY JOHNSON, yor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000040 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 110-96 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND FIRE DEPARTMENT EMPLOYEES ASSOCIATION ATASCADERO FIRE CAPTAINS BARGAINING UNIT This Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Fire Captains' Bargaining Unit of the Fire Department Employees Association, hereinafter referred to as "Unit", and made pursuant to California Government Code Sections 3500 et seq., City of Atascadero Municipal Code, Title 1, Chapter 2, Section 2-2.01 through Section 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980 and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13, 1981, and, having reached an agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that the Council resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its • provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. 2.2 No agreement, alteration, understanding, variation, waive or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if require, approved and implemented by the City Council 2.3 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 0000,11 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 110-96 Section 3.0 Sick Leave. 3.1 Unit member shall earn and use sick leave subject to the provisions of Section 9.5 of Resolution No. 12-80, dated July 14, 1980. Sick leave credit from either District or City service may be used as available and needed subject to the City's Personnel Rules and Regulations, except that any sick leave used shall first be deducted from the credited amount carried over from District service until such credits are exhausted. It is agreed that nothing herein shall be construed as providing any vested right, monetary or otherwise, to any unused sick leave existing at time of discharge or voluntary separation from City service, or at time of retirement in accordance with the City's Public Employees Retirement System contract. 3.2 Sick Leave Incentive. To be eligible for this benefit an employee must: a. Have accumulated 24 shifts(576.16 hours) of sick leave. b. The sick leave pay-off will occur during the next 12-month period (December 1 to November 30) after an employee has accumulated and maintained 24 shifts on the books. C. in the event an employee covered by this agreement donates up to 6 shifts of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 24 shifts accumulation for eligibility to receive the incentive pay-off for that year. d. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 144.04 hours.) e. The time period for determining annual usage will be December 1 to November 30, each year. Checks will be prepared by December 15 of each year. Section 4.0 Vacation. 4.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City. Section 5.0 Salaries. 5.1 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 000042 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 110-96 5. 2 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 5.3 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiated for fiscal years 1995197, shall be equal to all other City employees. Unit employees shall receive any increases in benefits to COLA, health benefits and leave accruals in an amount at least equal to that which is received by other bargaining units for fiscal years 1995197. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. Section 6.0 Medical and Dental Benefits 6.1 The City agrees to pay for all medical and dental monthly premium benefits for each unit employee under the City sponsored medical and dental plans, based upon the HMO plan premium costs. 6.2 Effective July 1994, the City agrees to pay$305 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective November 1, 1996,the City will contribute 50%of increased costs for dependent health insurance premiums based upon the HMO plan premium costs. 6.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the amount of the City contribution towards dependent coverage not used, shall be paid to the employee as an addition to his/her regular pay. 6.4 The City shall provide employee only vision care insurance at no cost to the employee. Dependent coverage may be added at a cost to the employee, if dependents are enrolled in medical/dental coverage. 6.5 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. 6.6 The Health Insurance Committee, as sanctioned by the City council, shall have representation from each recognized bargaining unit. For recommended changes each recognized bargaining unit shall have authority to vote on a pro- rated basis, provided all bargaining units agree with this methodology. Without unanimous approval by all bargaining units, the formula shall remain 000043 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 110-96 one vote per unit Upon approval by all units, the ratio shall be based on the number of unit employees eligible for health benefits to the total number of City employees eligible for health benefits. The Insurance Committee may, by a majority vote recommend changes,for approval by the City Council in the level of service and service providers to the City during the tern of this agreement Section 7.0 Retirement 7.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government Code)and, effective with this agreement, the City will pay the employee Contribution of nine (9%) percent towards the PERS. 7.2 The City shall implement the Military Service Credit (Section 20930.3 of the Government Code) provided there is no direct cost to the City. 7.3 The City agrees to request a valuation by June 1996,for Level Four(4)of the 1959 Survivor's Benefit for Sworn Safety Members. If the increased benefit is agreed to by all sworn safety units,the employees shall pay the increased monthly cost of the benefit Section 8.0 Paramedic Pay 8.1 The City shall pay three hundred fifty dollars ($350) per month to those employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties. Section 9.0 Overtime. 9.1 Ci agrees to a all Unit members overtime upon Certification b the Fire Chief City 9 pay P Y using authorized time card forms, for any overtime worked in excess of the established 56 hour work week. (This is equivalent to 121.33 shifts per year.) Such overtime shall be computed using the rate of time and one-half applied to the 56 hour work week hourly wage scale for the individual concerned. 9.2 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. Section 10.0 Holiday 10.1 Unit employees shall receive five and 6/10 (5.6) shifts time as Holiday time for the term of the Agreement. Holiday time will be credited in accordance with procedures established by the Director of Administrative Services and the City Manager. 10.2 Holiday time may be used as either paid time off or paid in cash at the option of the employee with approval of the Fire Chief. 000044 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT"A° RESOLUTION 110-96 Section 11.0 Term Life Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars ($15,000.00) and shall pay all premiums for such policy during the term of this agreement. 11.2 The City shall maintain a term life insurance policy for each dependent enrolled in health coverage, in a total amount of One Thousand Dollars ($1,000.00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 12.0 General Benefits. It is agreed that compensatory time off (CTO), retirement and any other benefits and conditions of employment shall be as specified by City Resolutions No. 12-80 and 52-82, and Atascadero Municipal Code, Title 2, Chapter 2, inclusive. Section 13.0 Probationary Period. The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve • months in the new classification. Section 14.0 Physical Fitness. The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program will include the following elements: 1) Mandatory participation; 2) Established standards; 3) City provided physicals. Section 15.0 Implementation. 15.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council: (a) acts, by a majority vote, formally to approve and adopt said MOU, (b) and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which requires funding. 15.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU either party may request the renewal of the meet and confer procedure. Section 16.0 Provisions of Law. 16.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. All ordinances, rules and regulations enacted by the 0000,15 FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT`A` • RESOLUTION 110-96 City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 16.2 if any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 17.0 Applicability of Other MOU's, Rules and Regulations MOU's, understandings or personnel policies, customs, practice and actions not specifically included in Atascadero Municipal Code, Title 1, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of his MOU. Section 19.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct . its employees; take disciplinary action for "just cause'; relieve its employees from duty bec-cruse of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, manning and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matter may have on wage, hours and other terms of employment. Section 19.0 Peaceful Performance Clause. 19.1 The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick- out, slow-down or picketing (hereinafter collectively referred to as work-stoppage), in any office or department of the city, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any members of the bargaining unit the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. 000045, / FIRE CAPTAINS BARGAINING UNIT MOU EXHIBIT'A" RESOLUTION 110-96 19.2 In the event of any work stoppage, during the term of this Memorandum of Understanding, whether by the Association or by a Member of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing the Association has not otherwise authorized,. permitted or encouraged such work stoppage, the Association, shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such employee. Secfion 20.0 Term of Agreement It is understood and agreed that the provisions of this MOU shall be effective as 0001 a.m., July 1, 1995, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1997. Date: At Fire Captains City of Atascadero arg Unit 000045 . Z CITY OF ATASCADERO SALARY SCHEDULE Exhibit A EFFECTIVE 07/01/96;ADOPTED 1022/96 Resolution 93-96 Page 1 of 2 BAR JOB JOB FUNDED UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP MONTHLY RATE EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78 MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98 MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98 MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75 MM 3160 ADMIN ANALYSTIPW 1.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34 MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98 MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35 MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52 MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23 MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54 MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15 MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26 MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05 FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45 FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 312292 3279.07 3443.02 FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95 GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98 GS 3311 BLDG INSP li 1.00 2535.63 2662.41 2795.53 2935.31 3082.07 GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21 GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 240266 2522.80 GS 3321 ENGINEERING TECH II 0.00 2302.55 2417.68 2538.56 2665.49 2798.76 GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49 GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90 GS 6121 MAINT WORKER 11 8.00 1951.75 2049.34 2151.80 2259.39 2372.36 GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92 GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94 GS 6312 WWTP OPERATOR II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37 GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80 GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87 CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4111 ACCOUNT CLERK II 1.50 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21 Of�U0 �5.? Exhibit A Resolution 93-96 Fuge 2 of 2 CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10 Cts .4312 SeCfi Y TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4510 OFFICE ASS?1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96 CU 4511 OFFICE ASST II 0.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4512 OFFICE ASST 111 0.00 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41 AS 2%- 0 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40 PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3116.40 3271.17 SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57 SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33 TOTAL FUNDED 95.00 000045. �� REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-11 Meeting Date: 12/10/96 Through: Andy Takata, City Manager �,f� 9 �_f; From: Alicia Lara, Personnel Analyst SUBJECT: Memorandum of Understanding (MOU) between the City of Atascadero and the Atascadero Fire Fighters Bargaining Unit RECOMMENDATION: Adopt Resolution No. 111-96 adjusting benefits for the Atascadero Fire Fighters Bargaining Unit. BACKGROUND: The Atascadero Fire Fighters Bargaining Unit is a City recognized unit. It represents the classifications of Fire Fighter and Fire Engineer. Currently there are three Fire Fighter positions funded and eight Fire Engineer positions funded. DISCUSSION: This MOU covers a two year period, fiscal year 1995/96 and 1996/97. There is no salary increase for the term of this contract. The attached salary schedule (Exhibit A) adopted on October 22, 1996, reflects a zero percent increase. Prior to 1995, the City paid the cost of increased insurance premiums for the employee and a negotiated flat rate amount for dependents. This MOU will increase the City's contribution to health insurance premium costs, based upon the HMO medical plan, which has a lower premium (and increase) than the"indemnity-type" plan. In our continuing effort to equalize as many benefits as possible among all the bargaining units, the increase premium costs for dependents will be picked up at 50% by the City. Although there was no increase in 1995, there is an increase in premiums effective November 1, 1996. That results in the City paying an additional $4.45 per employee per month and a $4.08 increase to dependent coverage. The inclusion of Sick Leave Incentive for this unit equalizes this benefit City-wide. Since the time other bargaining unit employees have had this benefit, sick leave usage in those units, overall, has decreased. This benefit is at the option of the employee, once they have met the eligibility requirements. Direct overtime costs have been reduced by increasing the Compensation Time Earned bank to a maximum of 144 hours accrued. Rather than overtime pay, employees have the option of accruing the time worked, which may be taken off at a later date. FISCAL IMPACT: The total fiscal impact of the Fire Fighters MOU for the two year term is $750.64. Attachments: Resolution 111-96 Salary Schedule (Exhibit A) 0000,16 RESOLUTION NO. 111-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE FIGHTERS BARGAINING UNIT WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Fire Fighters Bargaining Unit for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero Fire Fighters Bargaining Unit have reach an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal year 1995/96 and 1996/97; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Fire Fighters Bargaining Unit for Fiscal Year 1995/96 and 1996/97 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 0000,16 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT"A' RESOLUTION 111-96 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO FIREFIGHTERS' BARGAINING UNIT This Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Firefighter's Bargaining Unit of the Fire Department Employees Association, hereinafter referred to as "Unit", and made pursuant to California Government Code Sections 3500 et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through Section 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980 and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13, 1981, and, having reached an agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that the Council resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. 2.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 2.3 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Section 3.0 Sick Leave. 3.1 Unit members shall earn and use sick leave subject to the provisions of Section 9.5 of Resolution No. 12-80, dated July 14, 1980. Sick Leave credited from either District or City service may be used as available and needed subject to the City's Personnel Rules and Regulations, except that any sick leave used shall first be 0000,19 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT°A" RESOLUTION 111-96 deducted from the credited amount carried over from District service until such credits are exhausted. It is agreed that nothing herein shall be construed as providing any vested right, monetary or otherwise, to any unused sick leave existing at time of discharge or voluntary separation from City service, or at time of retirement in accordance with the City's Public Employees Retirement System contract. 3.2 Sick Leave Incentive. To be eligible for this benefit an employee must: a. Have accumulated 24 shifts (576.16 hours) of sick leave. b. The sick leave pay-off will occur during the next 12-month period (December 1 to November 30)after an employee has accumulated and maintained 24 shifts on the books. C. In the event an employee covered by this agreement donates up to 6 shifts of sick leave in any one year, to the Employee Sick Leave Bank, it shali not count against the 24 shifts accumulation for eligibility to receive the incentive pay-off for that year. d. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 144.04 hours.) e. The time period for determining annual usage will be :December 1 to November 30,each year. Checks will be prepared by December 15 of each year. Section 4.0 Vacation. 4.1 Vacation leave shall be credited, computed and used as specked by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City. Section 5.0 Salaries. 5.1 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 5.2 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 5.3 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiated for fiscal years 1995/97, shall be equal to all other City employees. Unit employees shall receive any increases in benefits to COLA, health benefits and leave accruals in an amount at least 2 000050 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT W RESOLUTION 111-96 equal to that which is received by other bargaining units for fiscal years 1995/97. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. Section 6.0 Medical and Dental Benefits 6.1 The City agrees to pay for all medical and dental monthly premium benefits for each unit employee under the City sponsored medical and dental plans based upon the HMO plan premium costs. 6.2 Effective July 1994, the City agrees to pay $305 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective November 1, 1996, the City will contribute 50% of increased costs for dependent health insurance premiums based upon the HMO plan premium costs. 6.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the amount of the City contribution towards dependent coverage not used, shall be paid to the employee as an addition to his/her regular pay. 6.4 The City shall provide employee only vision care insurance at no cost to the employee. Dependent coverage may be added at a cost to the employee, if dependents are enrolled in medical/dental coverage. 6.5 Flexible Benefits Plan. The City shall develop and make available to employees . covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective, January, 1992. This plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. 6.6 The Health Insurance Committee, as sanctioned by the City council, shall have representation from each recognized bargaining unit. For recommended changes each recognized bargaining unit shall have authority to vote on a pro- rated basis, provided all bargaining units agree with this methodology. Without unanimous approval by all bargaining units, the formula shall remain one vote per unit Upon approval by all units, the ratio shall be based on the number of unit employees eligible for health benefits to the total number of City employees eligible for health benefits. The Insurance Committee may, by a majority vote recommend changes, for approval by the City Council in the level of service and service providers to the City during the term of this agreement is 3 00MA ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 111-96 Section 7.0 Retirement 7.1 The City will continue to provide the 2°A @50 formula (Section 21252.01 of the Government Code)and, effective with this dement, the City will pay the employee contribution of nine(9%) percent towards P 7.2 The City shall implement the Military Sagoe Credit (Section 20930.3 of the Government Code)provided there is no deeftDst to the City. 7.3 The City agrees to request a valuation by.June 1996, for Level Four (4) of the 1959 Survivor's Benefit for Sworn Safetylmbers. If the increased benefit is agreed to by all sworn safety units,themaployees shall pay the increased monthly cost of the benefit. Section 8.0 Paramedic Pay 8.1 The City shall pay three hundred fifty dol ;350) per month to those employees who are trained, qualified and assigned tythe Fire Chief to E.M.T. Paramedic duties. Section 9.0 Overtime. 9.1 City agrees to pay all Unit members overting upon certification by the Fire Chief using authorized time card forms, for akW overtime worked in excess of the established 56 hour work week. (This is eqdWent to 121.33 shifts per year). Such overtime shall be computed using the ratetime and one-half applied to the 56 hour work week hourly wage scale for the indi ndual concerned. 9.2 Employees called back to work for hours not=tiguous to a scheduled shift shall be compensated a minimum of two hours of:-ovefte for each call back period. 9.3 Employees may be placed on standby staffs by the Fire Chief. Standby duty shall not be considered as hours workedhe purpose of computing overtime. Standby: Employees assigned standbydity shall receive Twenty-five Dollars ($25.00)for each day of standbyAkty. Employees called back to work shall receive a minimum of two how pay at straight time. Employees working in excess of one hosrand twenty minutes once called back shall receive time and one-half payfbr hours worked in excess of one hour and twenty minutes, or two hours Maight time, whichever is greater. Section 10.0 Holiday 10.1 Unit employees shall receive five and 6110,(,55) shifts time as Holiday time for the term of the Agreement. Holiday time will be cedited in accordance with procedures established by the Personnel Officer. 4 000052 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT°A" RESOLUTION 111-96 10.2 Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of the Fire Chief. Section 11.0 Tenn Life Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars($15,000) and shall pay all premiums for such policy during the term of this Agreement. 11.2 The City shall maintain a term life insurance policy for each dependent enrolled in health coverage, in a total amount of One Thousand Dollars ($1,000.00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 12.0 General Benefits 12.1 It is agreed that compensatory time off(CTO), retirement and any other benefits and conditions of employment shall be specified by City Resolutions No. 12-80 and 52- 82, and Atascadero Municipal Code, Title 2, Chapter 2, inclusive. 12.2 Employees may accrue up to six (6) shifts (144 hours) of Compensatory Time Earned (CTE). Section 13.0 Probationary Period The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 14.0 Physical Fitness The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program will include the following elements: 1) Mandatory participation; 2) Established standards; 3) City provided physicals. Section 15.0 Promotional Opportunity Upon completion of the probationary period, qualified employees in the classification of firefighter will be provided an opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy. There shall be a maximum of ten (10) Fire Engineer positions funded. Section 16.0 Implementation. 16.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council: (a) acts, by a majority . 5 000052 . / ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 111-96 vote, formally to approve and adopt said MOU, (b) and acts in a timely manner to appropriate the funds necessary to implement the provisionsof this MOU which requires funding. 16.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU either party may request the renewal of the meet and confer procedure. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state, and local laws, regulations and resolutions. All ordinances, rules and regulations enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Other MOU's Rules and Regulations MOU's, understandings or personnel policies, customs, practice and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of this MOU. Section 19.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause'; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, manning and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. Section 20.0 Peaceful Performance Clause. 20.1 The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circumstances will the Association 6 000052, ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU EXHIBIT"A" RESOLUTION 111-96 recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick- out, slow-down or picketing (hereinafter collectively referred to as work-stoppage), in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any members of the bargaining unit the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. 20.2 In the event of any work stoppage, during the term of this Memorandum of Understanding, whether by the Association or by a Member of the bargaining unit, the Association by its officers, shall immediate declare in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work Copies of such written notice shall be served upon the City. If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association, shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any worts stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such employee. Section 21.0 Term of Agreement. It is understood and agreed that the provisions of this MOU shall be active as 00001 a.m., July 1, 1995, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1997. Date: Atascadero Fire Fighters City of Atascadero Bargaining Unit t� 1 7 OOOU52 ,_T CITY OF ATASCADERO SALARY SCHEDULE Exhibit A EFFECTIVE 07/01/96;ADOPTED 10/22/96 Resolution 93-96 Page 1 of 2 BAR JOB JOB FUNDED UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP MONTHLY RATE EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78 MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98 MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98 MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75 MM 3160 ADMIN ANALYST/PW 1.00 2505.84 2631.13 2762.68 2900.82 3045.86 MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 276269 2900.82 3045.86 MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34 MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 •4428.98 MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35 MM 3120 PLAN CHECK ENGR 1.00 3563.55 374'.73 3928.81 4125.25 4331.52 MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23 . MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54 MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15 MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26 MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05 FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45 FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 3122.92 3279.07 3443.02 FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95 GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98 GS 3311 BLDG INSP 11 1.00 2535.63 2662.41 2795.53 2935.31 3082.07 GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21 GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 3321 ENGINEERING TECH II 0.00 2302.55 2417.68 2538.56 2665.49 2798.76 GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49 GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90 GS 6121 MAINT WORKER 11 8.00 1951.75 2049.34 2151.80 2259.39 2372.36 GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92 GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94 GS 6312 WWTP OPERATOR II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37 GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80 GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87 CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4111 ACCOUNT CLERK 11 1.50 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21 000052, Exhibit A Resolution 93-96 Page 2 of 2 CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4510 OFFICE ASST 1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96 CU 4511 OFFICE ASST I1 0.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4512 OFFICE ASS'T III 0.00 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41 AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40 PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3115.40 3271.17 SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57 SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33 TOTAL FUNDED 95.00 D000Jti, • REPORT TO CITY COUNCIL Meeting Date: 12/10/96 CITY OF ATASCADERO Agenda Item: B-1 Through: Andrew J. Takata, City Manager From: John B. Neil, Assistant City Engineer SUBJECT EI Camino Real Bike lane Project Traffic Way Bike lane Project RECOMMENDATION 1. Authorize staff to complete the design, and advertise for bid, the EI Camino Real Bikeway Project as recommended by the Planning Commission. 2. Authorize staff to complete the design, and advertise for bid, the Traffic Way Bikeway Project as recommended by the Planning Commission. DISCUSSION The proposed projects are for the construction of bike lanes on EI Camino Real from EI Bordo Avenue to San Anselmo Avenue (east) and on Traffic Way from EI Camino Real to San Jacinto Avenue. Each project would involve pavement widening, filling gaps in the existing curb & gutter, bike lane signage and pavement striping & marking. in general, construction of the bike lanes would bring both roadways into closer conformance with their ultimate section as designated in the Circulation Element. The improvements would be similar to those constructed with the south El Camino Real Project near the State Hospital exclusive of the raised median and sidewalk. After significant public testimony, the Planning Commission approved staff's recommendation to proceed with the design and construction of the EI Camino Real and Traffic Way bikeway projects at their October 15, 1996 meeting. The Commission modified staff's original recommendation of constructing Class II bikelanes on Traffic Way by changing certain segments from Class 11 to Class III. The segments changed from Class 11 to Class III are between Lewis Avenue and Olmeda Avenue and between Rosita Avenue and San Jancinto Avenue. These segments have been identified on Attachment D of the Planning Commission Staff Report. 000053 s FISCAL IMPACT The City has received grants totaling $475,000 funded through the Clean Air and Transportation Improvement Act of 1990 (Proposition 116). The grants are to be used for the design and construction of the bike lanes on both El Camino Real and Traffic Way. Grant applications were submitted by the City in November 1992. The funds were allocated to the City by the California Transportation Commission on June 30, 1995. All funds must be expended by June 30, 1997. The Proposition 116 monies received can only be used for the bicycle related projects identified in the grant applications. In addition to the Proposition 116 grants, the City has received Regional State Highway Account (SHA) funds totaling $95,558 to be used as the local project revenue source for the bike lane projects. As with the Proposition 116 monies, these regional SHA monies can only be used for the projects identified in the funding applications. ATTACHMENTS Attachment A - 10/15/96 Planning Commission Staff Report 0000511 12/10/96 City Council Meeting Attachment A Planning Commission Staff Report CITY OF ATASCADERO Item: B.2 STAFF REPORT FOR: Planning Commission MEETING DATE: 10/15/96 BY: John B. Neil, Assistant City Engineer FILE NO: VIA: Steven J. DeCamp, Acting Community Development Director SUBJECT EI Camino Real Bike lane Project Traffic Way Bike lane Project RECOMMENDATION The Planning Commission should recommend the following actions for the City Council's consideration after receiving public testimony: 1. Authorize staff to complete the design, and advertise for bid, the EI Camino Real Bikeway Project as recommended 2. Authorize staff to complete the design, and advertise for bid, the Traffic Way Bikeway Project as recommended ANALYSIS The proposed projects are for the construction of Class II bike lanes and Class III bike routes on EI Camino Real from EI Bordo Avenue to San Anselmo Avenue (east) and Class II bike lanes on Traffic Way from El Camino Real to San Jacinto Avenue. A Class II bike lane provides an area for the preferential use by bicycles within the paved area of a roadway. Bike lane stripes are provided to promote an orderly flow of traffic by . establishing specific lines of demarcation between areas reserved for bicycles and lanes to 000055 be occupied by motor vehicles. A Class III bike route is intended to provide continuity to the bike lane system. They are used to connect discontinuous segments of bike lanes (Class 1 or Class II). Class III bike lanes are shared facilities with the bicycle traffic being a secondary use. Each project would involve pavement widening, filling gaps in the existing curb & gutter, bike lane signage and pavement striping & marking. In general, construction of the bike lanes would bring both roadways into closer conformance with their ultimate section as designated in the Circulation Element. The improvements would be similar to those constructed with the south El Camino Real Project near the State Hospital exclusive of the raised median and sidewalk. In the case of EI Camino Real, Class II bike lanes are being recommended from EI Bordo Avenue to East Mall and San Jacinto Avenue to San Anselmo Avenue (east) with no loss of on-street parking. Class III bike routes are being recommended from East Mall to San Jacinto Avenue to preclude the loss of on-street parking. Along Traffic Way, Class II bike lanes are being proposed from Lewis Avenue to San Jancinto Avenue. Construction of Class II bike lanes along this corridor will eliminate parking on one side of Traffic Way from Lewis Avenue to San Jacinto Avenue. Staff is recommending that the parking be retained on the westerly side of Traffic Way due to its residential character. BACKGROUND The Circulation Element of the General Plan was adopted by Council in June 1993. It identifies EI Camino Real, Atascadero Avenue, Portola Road, Morro Road and Traffic Way as Class II bikeways in the Bike Route Plan (Fig. 111-6). It further designates EI Camino Real as the highest priority bike route in the City (Program 5.1). According to the Circulation Element, EI Camino Real would serve the primary commercial corridor of the City, provide access to various schools and other bicycle-trip generators, and would serve CalTrans park- and-ride facilities. The City has received grants totaling $475,000 funded through the Clean Air and Transportation Improvement Act of 1990 (Proposition 116). The grants are to be used for the design and construction of the bike lanes on both EI Camino Real and Traffic Way. Grant applications were submitted by the City in November 1992. The funds were allocated to the City by the California Transportation Commission on June 30, 1995. All funds must be expended by June 30, 1997. The Proposition 116 monies received can only be used for the bicycle related projects identified in the grant applications. In addition to the Proposition 116 grants, the City has received Regional State Highway Account (SHA) funds totaling $95,558 to be used as the local project revenue source for the bike lane projects. As with the Proposition 116 monies, these regional SHA monies 000056 can only be used for the projects identified in the funding applications. • On Sep g g September 18 1996 a neighborhood meeting was held at the Lake Pavilion to review the proposed projects and solicit input from the community. The project placed before the community at that meeting was the construction of Class II bikeways throughout the entire length of both projects. The main issues raised at the meeting were: 1. Loss of on-street parking 2. Lack of notification to the effected businesses along EI Camino Real 3. The "unfairness" of the City constructing frontage improvements to the benefit of the adjacent property owners 4. Danger to bicyclists using the bike lanes (i.e. construction of bike lanes would encourage the use of bicycles thereby increasing the number of accidents) On-street Parking - In response to the concern over loss of on-street parking, staff is recommending to revise the bike lane projects to incorporate Class III bike routes on El Camino Real from East Mall to San Jacinto Avenue. The use of Class III bike routes through this segment of the project will preclude the loss of on-street parking. The remaining segments of the Bike lane project on EI Camino Real will not significantly effect on-street parking. Staff is recommending construction of Class II bikelanes along the entire length of the Traffic Way Bike Lane Project which will result in the loss of on-street parking on one side of the roadway between Lewis Avenue and San Jacinto Avenue. Staff is recommending that on-street parking be retained on the westerly, or residential side, of Traffic Way. Notification - To better notify the businesses which may be effected by public works projects in the future, staff will work with the Chamber of Commerce and other business associations to disseminate information which may be of interest to the businesses. "Unfairness" -The City Attorney is currently investigating the possibitly of reimbursement from those properties which would derive benefit from construction of the frontage improvements and will provide a response to this issue. Safe - Traffic accidents involving cyclists are frequent along EI Camino Real. The California Statewide Integrated Traffic Records System (SWITRS) indicates that from 1987 to 1991, 36% of all bicycle accidents in the City occured on EI Camino Real. The highest concentration of these accidents happened between West Mall and Morro Road. The 1990 Regional Transportation Plan identifies EI Camino Real as an area where bike accidents occur most frequently. The SWITRS indicates that from 1987 to 1991, 14% of all bicycle accidents in the City occured on Traffic Way. . The lack of designated bike lanes is a contributing factor to these traffic accidents. Without bike lanes, cyclists tend to ride closer to parked cars to avoid traffic which decreases site 00005'7 distance. A decrease in site distance reduces the time a bicylcist and a vehicle operator have to see one another and thereby reduces the time they have to react to a given situation. Cyclists tend to feel safer riding closer to the left margin of a designated bike lane thereby increasing site distance and the time each has to react. CONCLUSIONS Construction of the bikelanes as recommended by staff will complete two critical segments in the City's bike route plan. The construction of the bike lanes will also complete missing segments of the frontage improvements along both of the recommend routes. ATTACHMENTS Attachment A - El Camino Real Bike Lane Project Limits Attachment B - EI Camino Real, Typical Section, El Bordo to East Mall, San Jacinto to San Anselmo (east) Attachment C - EI Camino Real, Typical Section, East Mall to San Jancinto Attachment D - Traffic WayBike Lane Project Limits l Attachment E - Traffic Way, Typical Section, EI Camino Real to Lewis Attachment F - Traffic Way, Typical Section, Lewis to San Jacinto i 000obs x a AT MENT A PROD CT-ILIMI S CIT. (.� TSCADERO" T EL CAMINO REAL BIKE LANE ENGINEERING DEPARTMENT 0, c "o Q 2 '9 v 0 O � 4F 0 Q 0 1110 pO � LEGEND_ CLASS II BIKE LANE CLASS III BIKE ROUTE gyp, a. OSP Pte. PROJECT LIMITS SPS - ��gO� 000.59 NO SCALE I ATTMENT B TYPICAL SECTION CITY a (._) ` ATASCADERO' twos7a EL CAMINO REAL BIKE LANE ENGINEERING DEPARTMENT iodi e�jno ONIISIX- z 00 Y Q WW d mQ ^ J J U W W > Z QQ W J O Lj JW J Q Q Q ZO }_ W W - Z 0 z U W Q O CSI z Z U) p o z 000t-- Q Z (Qn S l i J < U) � W J CU o O W W U � F- W >L- pM O F- 1 W Z U O wW W Q > z � J Z WW Q M Q C) z 00 Y Of Q iiod-j mno ONIISIX3 000060 A.l�SCA�E1lO ATTAENT C: TYPICAL SECTION EL CAMINO REAL BIKE LANE ENGINEERING DEPARTMENT 33VJ o8n0 ONI1SIx3 W W > z N > W W z W � Q Q Q � z 0 > Q0 z CN > z W V U a O W -� Q z � z > Q CN > Q W Q z U) U c- Of Q V) 0 W_ W }" ~ Iz ~ J Q J i W W N > Z Q QQ (Y J C F- G W 'A J 3Od3 B�jnO ONIISIx3 W 000061 AT EN.T�D PROJECT.L1MIS.� : tsia 19Te TRAFFIC WAY BIKE LANE ENGINEERING DEPARTMENT S�+N JAC�N10 � Rgq�'o J 10 ti 0 Y �, (FSS F C O CLASS 11 BIKE LANE 0 Class III Bikelanes per Planning Commission cy� • 9Y 110' PROJECT LIMITS NO SCALE 000062 T v c 1'Y _ ; AZ'ArJ''cAD E RO ATTAENT E TYPICAL`SECTION ■ ■■ ■ I TRAFFIC WAY BIKE LANE ENGINEERING DEPARTMENT 3Cdj BNno ONIISIXI W _ :D z QDY 7 � G Q W d W W / Ln Y z m Z C) a w > z W � U > W I— U U) O LL __j Ln LL Q Ww Q d > z W J H Cc O W W Z Ln Y Q m J _z U 00 Y Q W :Iodj eHn SNUSIX] 000063 CITY C ATAS CAD E R O ATTAC*NT F TYPICAL SECTION .s:s 19" TRAFFIC WAY BIKE LANE ENGINEERING DEPARTMENT 3od3 can ONI1SIX3 W - w w D Lc) Yz Z m ¢ W W > w Q Z � Q O W z z c J � � U �- w w Q > Z t� > -J QU W Z toY QU)U J Q m � � Q U) 0 z Q U O pC E— W 3odi oHm ONI1SIx3 ~ 1" Z W Q Cn W J 000064 REPORT TO CITY COUNCIL Agenda Item: B-2 (A&B) CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 12/10/96 City Manager File Number: GPA 96001 ZC96003 Via: Steven L. Decamp Acting Community Development Director From Doug Doug Davidson, Senior Planner SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Retail Commercial to High Density Multiple Family Residential and a corresponding Zone Change from CR to RMF-16. Subject site is located at 9505 El Camino Real. RECOMMENDATION• 1 . Resolution No. 96-96 - Approve attached resolution amending the Land Use Map by changing the Land Use designation of certain real property at 9505 El Camino Real from Retail Commercial to High Density Multiple Family Residential . 2 . Ordinance No. 317 - Read by title only and approve on first reading amending the Official City Zoning Map by rezoning certain real property at 9505 El Camino Real from CR (Com- mercial Retail) to RMF-16 (High Density Multiple Family Residential) . Planning Commission' s Recommendation: Approve General Plan Amendment 96001 and Zone Change 96003 . BACKGROUND: On November 19, 1996, the Planning Commission conducted a public hearing on the above-referenced applications . After discussion (see attached minutes excerpts) , the Planning Commission voted 6 : 1 recommending approval of General Plan Amendment 96002 and Zone Change 96004 . Attachments : Resolution No. 96-96 Ordinance No. 317 Planning Commission Staff Report - November 19, 1996 Minutes Excerpts - November 19, 1996 000065 RESOLUTION NO. 96-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 9505 EL CAMINO REAL FROM RETAIL COMMERCIAL TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL (GPA #96001: Hendrix) I WHEREAS, the City of Atascadero has grown considerably since � Y incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970 ' s, adopted in 1980, and amended in 1992 to � guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearingthe on subject amendment on November 19, 1996 • and WHEREAS Government Code Section 65356P rovides 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 is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse 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 GPA #96001 as follows : 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000066 Resolution No. 96-96 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: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTIER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 00006'7 RESOLUTION NO. 96 - 96 EXHIBIT Page-5-of T F— Lo j \\� \ N •' •� Int. �' .� i% � � ��' •� ':11 [M.L HI GH C• \ \ : .;.:.1::. T NSITYDZN&U LT I FA M 1LXt M. �Y iAC: 'Uw � I el ry�Jf ��� !l C .::.•:::�::�:;�::•`:• "\c::. .: 'moi....:..:: �. i -� .' �'::::Lll'"••,.:`�:...;•'-:icf�liii°`..:.-::6i::aiirei"iiiF:� �^.. :.. �(. ......• ',;:.:.:::•:";.'.':: •::'-:'.:...':�'•.'.:•: - FRDM a (RETAIL (:L0/1'1X1r=RC1A L-) 1-0 "HIGIa IJEIJ--sIrY M•ULTIRLF_ FAM1LV 11 KEY: New Designation="ABC" Old Designation=(XYZ) 000068 ORDINANCE NO. 317 AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 9505 'El; CAMINO REAL FROM CR (COMMERCIAL RETAIL) TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL) (ZONE CHANGE 96003 - HENDRIX) WHEREAS, the proposed zoning text amendment proposes standards that are 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 result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 19, 1996 and has recommended approval of Zone Change 96003. 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 designations. 2 . The proposal is consistent with the General Plan Land Use Element. 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. The City' s Official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map #s 030-481-002 030-492-001/002 Lots 2 25 PM 31; Lot 3, Blk 6 2 MB 39; Ptn Lots 4 and 5, Blk 6 2 MB 39 000069 Ordinance No. 317 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner • 0000'70 UAUINANCE NO. ->1 i EXHIBI`i Page IVL 7. RSF.Z77 .4 L' \- //I Z.S_: , E • � � P F ��. 946 v �- R RS �. RSL NA R :02 ti r f i��T/ .girt _ • .� yP�� �l .��'r���F` Y i ✓ fi KEY: t=ROM 1 (C- IZ> New Zone="ABC" Old Zone=(XYZ) Ta uR/Y11= 1(o" All Overlay Zones to remain unchanged 000071 CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: November 19, 1996 BY: Doug Davidson, Senior Planner File No: GPA 96001 ZC 96003 SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Retail Commercial to High Density Multiple Family Residential and a corresponding Zone Change from CR to RMF-16. RECOMMENDATION: Staff recommends that the Planning Commission: 1 . Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. 2 . Recommend approval to the City Council of General Plan Amendment 96001 as contained in Resolution 96-96. 3 . Recommend approval to the City Council of Zone Change 96003 as contained in Ordinance 317. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rex Hendrix 2 . Project Address. . . . . . . . . . . . . . . . . . . . . . . 9505 El Camino Real 3 . Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 .75 acres 4 . Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . .CR (Commercial Retail) 5. General Plan Designation. . . . . . . . . . . . . . . .Retail Commercial 6. Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacant 7 . Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration posted October 29, 1996 1 0000'72 ANALYSIS• The proposal is to change the land use designation at 9505 El Camino Real from Commercial Retail to High Density Multiple Family Residential. The property proposed for the change encompasses approximately the rear half of the block formed by El Camino, Montecito, Las Lomas, and Principal. The property is currently vacant and adjacent (to the rear) of the existing shopping center. The owner and his agent are currently preparing a lot line adjustment to reflect the existing development and the proposed zone change. The result would be a 2.75 acre parcel slated for high density multiple family uses. The future 2 .75 acre parcel slopes upward to about 10% and contains numerous native oaks and some scattered pine trees. The area is within the Urban Services Line (USL) where sewer and other utilities necessary for more intensive development are available. A high density multiple family zone in the proposed location would serve as a buffer and transitional development between the commercial retail uses of El Camino Real and the moderate to lower density single family areas to the east. The properties to the 'south directly across Montecito St. are zoned (and developed) identically to the subject request - commercial uses fronting on El Caminc Real and high density multiple family uses on Las Lomas Ave. Property to the north is designated commercial from El Camino Real to Pino Solo and further to the north and east toward the golf course the land uses are low to moderate density single family. In addition to fitting the land use pattern of the area, a multiple family project should result in less tree removal and grading than a commercial project. Although tree removal is a given on this property under either scenario, commercial uses typically contain larger building and paved areas. Multiple family developments can be designed with more flexibility than commercial uses. For instance, covered parking as required by the Zoning Ordinance can be incorporated into the units as opposed to the large, level parking lots required for commercial buildings. A 2.75 acre parcel could accommodate a maximum of 33 two-bedroom units. Preserving some of the oaks in this grove will the major goal of the site review process. 2 0000'73 CONCLUSIONS: General plan amendments often involve a balancing and tradeoff of community goals. In the subject case, the City is being asked to convert commercial property at a time when increasing the economic base of the City is of utmost importance. At the same time, increasing housing opportunities for a wider range of the population is equally important. Staff believes that in this case, the land use pattern of the area and the specific site characteristics support high density residential development. Losing 2 .75 acres of commercial property has been more than offset by the enlargement of the commercial node at Del Rio (Factory Outlet II) and the designation of 63 acres at the south end of town to Commercial Park (South Atascadero EIR area) . ATTACHMENTS: Attachment A - General Plan Land Use Map Attachment B - Zoning Map Attachment C - Plat Map Attachment D - Environmental Information Attachment E - Negative Declaration Attachment F- Resolution 96-96 Attachment G - Ordinance 317 3 0000'74 ATTACHMENT A _ � �'�✓==�;` �r` ( Try OP A`1'Ac;( 'AlW14) A LAND USE MAP COMMUNITY DEVELOPMENT GPA 96001/ZC 96003 DEPARTMENT .�.�_ RECREATION \ . ... ` Ag Lo � . DZ ; IWU LT S., tiP i / � � �,``� �ie�1'j �jx , Yir'�l y ff f�: .,`�,r-c/R�C�� t•.. �- /. � \\\ -- j�: r 0000'75 ATTACHMENT B (_)H• A' I_A (_'Af-)FR ZONING MAP `•��✓� �! � F1T .r ! ✓ ` <crt+ 44415��-� COMMUNITY DEVELOPMENT DEPARTMENT GPA 96001/ZC 96003 r i r i' rxz) r . { Ry.F-4 PD f - RSF.Z RMF nIrE �. I , ,1 Alpr ate"/ / • \ /.; ���� % `,i 1T RS F• RS ti. � ,r t •"amu_ y �� �:! }� s r Ti 'tel !.• �_ P"i�G'�� \ ��\`�'�+�_ F)/(l j Ilk 000076 i ATTACHMENT C (_I• I'Y C)P A�IA ' CAI-)FI1( l (/ .,, _-- _v PLAT MAP Ir s� {�c �1°�!��p�� - COMMUNITY DEVELOPMENT GPA 96001/zC 96003 ..,> DEPARTMENT ■ nor-= v J S88'59'127EE 309.47' PARCEL 1 :�``.::;` :; :•::;::;:::::;::: :c_:: Tq '_`:> PARCEL 2 : :.;: ;:;::' : :. tk 25 PM TrO. p5 ':<:fflC'`:N: :: °s F .:... 83;;13'::':: :': 6ir�A� INX DOC NO °d' +;:':;':;4 MIMS 95-044834 ®P PLAT MAP A PORTION OF BLOCK 6 OF EAGLET 02 PER BOOK .,m OF MAPS, PAGES 38 & 39 IN THE CITY OF ATASCADERO, - COUNTY OF SAN LUIS OBISPO, OF GRAPHIC SCALE STAPR PA EDI B RNIA. 0 63 125 250 WESTLAND ENGINEERING COMP - - — ' \ 75 ZACA LANE, SUITE 100 ( IN FEET ) \ SAN LUIS OBISPO, CA. 93401 1 inch = 125 ft. (605) 541—2394 MARCH 1996 96.012 DLLA 3-26-96 __ ---- — 00007'7 ATTACHMENT D GPA 96001/ZC 96003 ENVIRONMENTAL INFORMATION Introduction The proposed project is changing the zoning and General Plan to remove commercial zoning and allow multifamily uses. Using approximately 13 units per acre and the total acreage of 2.75 acres would yield 35 units. These would probably be near the 600 square foot size which would allow an average of two people per unit. This use should be considered a less intrusive use of the-property than commercial. The property is adjacent to a developed commercial area and will require a lot line to be a separate parcel. We intend to pursue the lot line adjustment right away. The area to be rezoned has mature tree cover on it. We anticipate that the new use will have less impact on the trees than the commercial use. We do still anticipate some tree removal, but that would analyzed at the time plans would be submitted to the City. We believe staff will be able to determine the relative merits of changing the zoning with out actual plans for the structures. The site is sloping up from El Camino Real gently and then increases to approximately 10%in grade. Environmental Effects The impacts described below are potential since site plans are not under consideration. • This site is next to residential and any work on it will be visible to the surrounding properties. • During construction we anticipate the site will generate some dust and possibly fuilies. • We also anticipate that during construction noise levels will be elevated until completion. It may be possible that the new structures could then dampen the traffic noise levels from El Camino Real. • Due to the number of trees on the site it would seem likely that a project could be within the dripline of mature trees. It would seem evident that any commercial development would likely create more impacts than those mentioned above for multifamily residential. erence K. Orton PE 21,807 000078 ATTACHMENT E .4 ��h &K • • \k �T�ry n� n�re,cry nnFun ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION C01'V1 IUN1 ITY DEVELOPMENT DEPT. 6500 PAUMA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: 1247X 14EA).b2 1)( WEStL, ,v U Envy. FO. SOX 102-7 7S' zAc-A L./4Al F_ -S-h5, /Do A+A ScA D F A 0i C 4 9 3,4 2.3 6Aty I-wS 0131 S r'o, cif 9340 PROJECT TITLE: GF_NE2AL P4/4M /at!FNDA(F_N7'— `P&00/.. 2_o�vF C14A/vl F %6103 PROJECT LOCATION: 9So$ EL C4j IAj o 99-,4 t_ PROJECT DESCRIPTION: C/4A&'G-r ) A/U P USF- DES 16-AlA f'/o,J F/'70M 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. 23E T EWLY11NATION: Based on the above findings, and the information contained in the initial study (made a part hereof by refer- trnce and on file in the Community Development Department), it has been determined that the above project Will not have an adverse impact on the environment. Steven L. DeCamp, Acting Di ector Community Devetopment Department bate Posted: OC-10 13 F2 bate Adopted: /M 04,96-/Z CDD 11.68 0000 9 ATTACHMENT F RESOLUTION NO. 96-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 9505 EL CAMINO REAL FROM RETAIL COMMERCIAL TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL (GPA #96001: Hendrix) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970 ' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on November 19, 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 is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse 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 GPA 496001 as follows : 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000080 Resolution No. 96-96 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: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTIER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 000081 RESOLUTION NO. `1C - 76, EXHIBIT . Page of y rF_,� .. \ ��O \rr AS Lof \ \ Oboe ::;.•:.: ��:.~ . ... 1,\� \ \ �\� ice,/ 01 \ k L .:1:: .. : HIGH DZ N SIT Y Q W LT 1 . ... iM FA M I LY i i �h.t•.; ..(tt -.".,.. :+fit-:� �`�,..:" , \� '`•••'...�.�:�'•.'?'•'�'I ; _ / / ii , C ....:.. ri :,I..48V f • I l� i :'•�::'. T.. .::':.:'•�:. l�� r. ,tet Ia�� : -.0�..' ..: cC FROM a (!RETAIL C0IVI A/1 ERC/A L) TD "H 1 6.14 n FM_-1IrY N',ULT/RcE FAMII_v �! ICY: New Designation="ABC' Old Designation=(XYZ3 000082 . ATTACHMENT G ORDINANCE NO. 317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 9505 EL CAMINO REAL FROM CR (COMMERCIAL RETAIL) TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL) (ZONE CHANGE 96003 - HENDRIX) WHEREAS, the proposed zoning text amendment proposes standards that are 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 result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 19, 1996 and has recommended approval of Zone Change 96003. 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 designations. 2 . The proposal is consistent with the General Plan Land Use Element. 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. The City' s Official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map #s 030-481-002 030-492-001/002 Lots 2 25 PM 31; Lot 3, Blk 6 2 MB 39; Ptn Lots 4 and 5, Blk 6 2 MB 39 000083 Ordinance No. 317 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 Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT. ADOPTED: CITY OF ATASCADERO, CA By: GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 0000811 ORDINANCE NO. 317 EXHIBIT A Page of �- R S F-Z06) i i ZRS Z ` fq�F � i '�. �, ���% wowrf \. RsF RE 77 R.S p i ' '' ,, - _ ( ~.J 0 S � ���\�-\ ����^"tel,'_;�•� - '• F`� ADE RD .. �^�`� �j �. Jam. �� - •` `�.1. ..• � .... '..1\y � ��.. C/ T_.. -•'�\ - KEY: t=ROM t (C- 1--,) New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 000085. MINUTE EXCERPTS - 11/19%96 Planning Commission Meeting - November 19, 1996 Page 4 of 9 • A S: Bowen, Wallace, Johnson, Hageman, Sauter, Edwar , Zimmerman NOES: one i ABSENT: None MOTION PASSED: 7:0 ACTION: Approve Tentative Tr t Map 916002 based on the Findings for Approval c twined in Attachment E and the Conditions of Approvalconined in Attachment F' as modified. 1 Motion: Bowen Second: Wallac AYES : Bo"n", Wallace, Johnson, Hageman, Sau r, Edwards, Z immerman NOES': ~ None -'' ABSENT: None MOTION PASSED: 7 :0 B. 2 . GENERAL PLAN AMENDMENT 96001/ZONE CHANGE 96003: Consider the applications of Rex Hendrix (Westland Engineering) to change the Land Use designation of certain real property from Retail Commercial to High Density Multiple Family Residential and the corres- ponding Zone Change from CR to RMF-16. Subject site is located at 9505 El Camino Real. STAFF RECOMMENDATION: (Doug Davidson) The Planning Commission should recommend the following actions for the City Council ' s consideration: 1 . Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. 2 . Recommend approval to the City Council of General Plan Amendment 96001 as contained in Resolution 96-96 . 3 . Recommend approval to the City Council of Zone Change 96003 as contained in Ordinance 317 . 000086 Planning Commission Meeting - November 19, 1996 Page 5 of 9 Doug Davidson provided the staff report and responded to questions from the Commissioners. TESTIMONY: None Commissioner Hageman asked the Assistant City Engineer whether RMF-type uses would generate more wastewater than typical CR-type uses and the response was that it would. Commissioner Hageman then stated that since the wastewater plant is near capacity and reserves are available for only one stage of expansion, that it is unwise to approve a rezone which would increase the sewer requirements of a particular piece of property. She feels that this project is premature and that the Commission should be prudent in their decisions regarding rezone actions which could adversely impact plant capacity. Commissioner Johnson doesn't believe that denying this project is the correct vehicle for preventing the sewer plant from exceeding its ' capacity. The proper vehicle would be for the City Council to implement a building moratorium. The applicant has a right to ask for this change and it is a good change. Commissioner Wallace is concerned with the preservation of oaks and feels that residential development will be better able to preserve the oaks than would a commercial project. ACTION: Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Sauter, Bowen, Hageman, Edwards, Zimmerman NOES: None ABSENT: None MOTION PASSED: 7:0 ACTION: Recommend approval to the City Council of General Plan Amendment 96001 as contained in Resolution 96-96. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Sauter, Bowen, Zimmerman, Edwards 4 000087 Planning Commission Meeting - November 19, 1996 Page 6 of 9 NOES: Hageman ABSENT: None MOTION PASSED: 6:1 ACTION: Recommend approval to the City Council of Zone Change 96003 as contained in Ordinance 317. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Zimmerman, Bowen, Sauter, Edwards NOES: Hageman ABSENT: None MOTION PASSED: 6:1 i B. 3. GENERAL PLAN AMENDMENT 96002/ZONE CHANGE 96004: f Consider the application of Rex Hendrix (Westland Engineering) to change the Land Use designation of certain real property from Downtown Pedestrian Com- ercial to High Density Multiple Family Residential and zo 'ng from Downtown Pedestrian Retail Overly Zone to RMF- Subject site is located at 5802 Traffic Way. STAFF RECOMMENDATION (Doug Davidson) The Planning Commission should recommend the following actions for the City Council' s considerations 1. Find the. Negative Declarktion to be adequate under the guidelines of the 'CalifornZe. Environmental Quality Act. 2. Recommend approval to the City Council of General Plan Amendment,A6002 as contained in Re"s"Qlution 97-96. 3. Recommend approval to the City Council of Zone Change 9",,6-004 as contained in Ordinance 318. Doug Datridson provided the staff report and read into theme ecord a 1 ter from Mr. David K. Smith, attached hereto as Exhibit "A" . "TESTIMONY: Bob Wilson property owner of 5804 - 5816 Traffic Way (E1 Paseo Plaza) , spoke against the project. Mr. Wilson would prefer 000088 REPORT TO CITY COUNCIL Agenda Item: B-3 (A&B) • CITY OF ATASCADERO Through: Andrew J. Takata Meeting Date: 12/10/96 City Manager File Number: GPA 96002 ZC96004 Via: ✓ Steven L. DeCamp Acting Community Development Director From:�r Doug Davidson, Senior Planner SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Downtown Pedestrian Commercial to High Density Multiple Family Residential and a corresponding Zone Change from Downtown Pedestrian Retail Overlay to RMF-16 . Subject site is located at 5802 Traffic Way. RECOMMENDATION• Staff' s Recommendation: 1. Resolution No. 97-96 - Approve attached resolution amending the Land Use Map by changing the Land Use designation of certain real property at 5802 Traffic Way from Downtown Pedestrian Commercial to High Density Multiple Family Resi- dential. 2 . Ordinance No. 318 - Read by title only and approve on first reading amending the Official City Zoning Map by rezoning certain real property at 5802 Traffic Way from Downtown Pedestrian Retail Overlay to RMF-16 (High Density Multiple Family Residential) . Planning Commission' s Recommendation: Deny General Plan Amendment 96002 and Zone Change 96004 . BACKGROUND: On November 19, 1996, the Planning Commission conducted a public hearing on the above-referenced applications . After discussion (see attached minutes excerpts) , the Planning Commission voted 2 :5 recommending denial of General Plan Amendment 96002 and Zone Change 96004 . Attachments : Resolution No. 97-96 Ordinance No. 318 Planning Commission Staff Report - November 19, 1996 Minutes Excerpts - November 19, 1996 000089 RESOLUTION NO. 97-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 5802 TRAFFIC WAY FROM DOWNTOWN PEDESTRIAN COMMERCIAL TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL (GPA #96002: Hendrix) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 19701s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on November 19, 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 is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse 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 GPA #96002 as follows : 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 2 . Amendment to the Downtown Land Use Plan Map as shown on the attached "Exhibit B". 000090 I Resolution No. 97-96 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: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director 000091 RESOLUTION NO. 77-- 96 EXHIBIT. A Page—7—ot .. is .4 a .t. f O.: v.i 5 \ L p : •..: R {yam' s•. h7� _E. t►. :Y 4• h• •�Xr• .,r:.. J F 1 Mf r ' 1�Hn o •` l r fir- �, .•u. -; I"�'�"6e'JMa� .����• \` � r � '- < com ,771 rc. ME TT • : �e�� {?.;.•;;•::�ti%cis;.. ;..' ., :%^x:t. <';•' i.:Y., TTI cu� �` � •• Q' —>Y ' o A ••T `. V. FRO All :(1:)OwIJT�Dw/J PMES7l;/AN COMMERCIAL) TD : ,THIGH I�EA1SI1y M(J1--r1 PLE FAMILY l New Designation="ABC' Old Designation=(XYZ 000092 RESOLUTION NO. EXHIBIT B Page of t4 Diagram 7 Land Usc Plan t LEGEND t 1: District I i t j j I s1 1 Pedestrian Commercial 2 Downtown Commercial „-, ...kUf 3 Restaurant and Entertainment •,ALW Ave t ': 4 Public/Future Dcveloprgl tit 5 Public 5' _ 6 Commercial 5 /6 Overlay lone >r' sPedestrian Retail i i �• e• / 1 fj t "a` Tourist Commercial Potential Community Center Locations FK OM : (C-)Owk-rowx PMESTR/A& C—OAIAA El?04 L� N I G-9 P EA:S 1 t Y M ULTI NL!_= i=A/W I Ly't • New Designation="ABC' Old Designation=(XYZ) 000093 ORDINANCE NO. 318 AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 5-92 TRAFFIC WAY FROM DOWNTOWN PEDESTRIAN RETAIL OVERLAY TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL) (ZONE CHANGE 96004 - HENDRIX) WHEREAS, the proposed zoning text amendment proposes standards that are 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 result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 19, 1996 and has recommended approval of Zone Change 96004 . 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 designations. 2 . The proposal is consistent with the General Plan Land Use Element. 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. The City' s Official Zoning„Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map # 029-322-012 Portion of Lot 2, Block LA, Atascadero Colony 000094 Ordinance No. 318 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000095 • ' � • I0 tell'] . 00 s Willi dim Ordinance No. 318 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTIER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000095 • ' • a .,�,��uuui► :hyii o•��•.Vrwl+ �.. � r Mal .. • A CITY OF ATASCADERO Item: B . 3 STAFF REPORT FOR: Planning Commission Meeting Date: November 19, 1996 BY: ,r,loug Davidson, Senior Planner File No: GPA 96002 VT ZC 96004 SUBJECT: Consideration of a General Plan Amendment to change the Land Use designation of the subject property from Downtown Pedestrian Commercial to High Density Multiple Family Residential and a corresponding Zone Change from Downtown Pedestrian Retail Overlay to RMF-16. RECOMMENDATION: Staff recommends that the Planning Commission: 1 . Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. 2 . Recommend approval to the City Council of General Plan Amendment 96002 as contained in Resolution 97-96. 3. Recommend approval to the City Council of Zone Change 96004 as contained in Ordinance 318 . SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rex Hendrix 2 . Project Address. . . . . . . . . . . . . . . . . . . . . . . . . 5802 Traffic Way 3 . Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 40 acres 4 . Zoning. . . . . . . . . . . . . . . . . . . . . . . Pedestrian Retail Overlay 5. General Plan Designation. . .Downtown Pedestrian Commercial 6. Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacant 7 . Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration posted October 29, 1996 i 1 00009'7 ANALYSIS: The proposal is to change the designation at 5810 Traffic Way from Downtown Commercial (Pedestrian Retail Overlay zone) to High Density Multiple Family Residential. The 0.40 acre parcel is adjacent to the High Density Multiple Family zone which extends northerly from the downtown on the west side of Traffic Way. The parcel slopes upward at approximately 20 percent and is devoid of native tree cover. The parcel is within the Urban Services Line and thus has the utilities available for commercial or high density residential uses. This zoning change would not alter the land use pattern in the area - the existing commercial lot is adjacent to the multiple family district in which it is proposed for inclusion. In addition, a multiple family project should result in less site disturbance and grade change than a commercial project. This can clearly be seen by viewing the existing development on each side of the subject vacant parcel. The shopping center site was graded to a level degree, while the multiple family projects were constructed as hillside developments. While the natural grade is taken into account in review of commercial projects, the slope of the property is actually factored into the development potential of multiple family parcels. Density in multiple family zones is limited by the number of bedrooms and the slope of the property; the greater the number of bedrooms and the steeper the slope, the less number of units . In light of the maximum number of units allowed on the property (one 3-bedroom residence, two 2-bedroom units, or three 1-bedroom units) , a small-scale residential project is more suitable on a lot with a 20 percent grade. CONCLUSIONS• The downtown land use pattern of the west side of Traffic Way will not be changed by this zone change. Commercial uses will abut high density multiple family uses if this proposal is approved or not. The question is whether this particular parcel is more appropriate for commercial or multiple family development. .Although the zone change is not transitional in a map sense, such as a request for low density multiple family, the effect of the change will be. The neighboring multiple family parcels were developed prior to the adoption of the City' s hillside density standards. The steep slopes and narrow dimension of the subject parcel make it inappropriate for commercial development; a small scale multiple family project is the preferred alternative. 2 000098 • ATTACHMENTS: Attachment A - General Plan Land Use Map Attachment B - Downtown Plan Map Attachment C - Zoning Map Attachment D - Plat Map Attachment E - Environmental Information Attachment F - Negative Declaration Attachment G- Resolution 97-96 Attachment H - Ordinance 318 • 3 000099 ATTACHMENT A OP A'I'Ati( 'A IlF i2( 1 1 LAND USE MAP '"'"''c °►- _ COMMUNITY DEVELOPMENT GPA 96002/ZC 96004 DEPARTMENT F �M► — : 1 v RURAL RES ok tt �tZ�l -at Tf r !� ♦ 1 r ti a A.. A" Y {{ j:�..'�:.:'•:<:•:-:- i . N1 , �O: ' D.E ST7`Y u ' Q Ik FA ,l` Q. ' F rrT t` J".'fy!`{` ✓� ..� ¢..� . '.._� � \\� � :�.tir`� x�r f•S�r'. � ;� � ��yr I i t��+a.� r�;,'r t< �. � �✓ � �.Ya �.r � �b �.. ATTACHMENT B :'r�/�f'_\•it` ( I I Y (-)P A•I'A C(C A O P P O A DOWNTOWN PLAN GPA 96002/ZC 96004 COMMUNITY DEVELOPMENT DEPARTMENT 4 ' `., Diagram 7 Land Use Plan LEGEND : ' � arco• •v("u. -- i j District Pedestrian Commercial . s t d „ , o ti; 2 Downtown Commercial 3 Restaur..tnt and Entertainment •�"`"" "�`"" ��t(, t� ��` 4 Public/Future Development 5 Public 5 6 Commercial 5 �•�»" Overlay Zone /16F ---- 1 Pedestrian Retail _i 6 Tourist Commercial Potential Community Center Locations 000101 ATTACHMENT C ZONING MAP • ' • . • • i l 96004 .., DEPARTMENT .re A. `\ • PAck_ .y;:• ,�, L( r m , -�' • !_ - - 000102 IATTACHMENT D X� (-•I' I Y { )k A'I-A C�C A I F AZO d PLAT MAP -- '"'"''�•� "i 7GPA 96002/ZC 96004 �Sc�+nF �= COMMUNITY DEVELOPMENT DEPARTMENT PARCEL 3 20 PARCEL 2 CO 71-43 Q 21 O Qil[ ��1© J PARCEL 1 w I N 6118'52" W 247.18' •i i-.i i-ii icE•iriii:i ii ir..:ciiiir: .....:iii:i:•iF.:ri�i:•Er•:ir:r i{i{•:i::=iii:�}i:•............. N r .d':•:: .....::F................. ..............-......=.....-::-- �=F.iE�::::.-r::. Z S;F:i::iiFii:=:ii::-::._:i•:i ii:iiii:::ci:-iii::�i}i_ii:_:iiir::::i-i:: :: •...*.......:.iii:ii: Ul .....::::i-iFi:•i:.::•:::-isi-r..::-::......:::i:-:::-::.......i......•.i::::•..... .......•.....................:�._ ............. M �O .............................. . .........................................:i...i . .................................... 00 : i ... i:=:'iiF.�ii-...............-...-...._. O -.......... V O ' ..........:. . ... .:_:.:.:�.: :.. iRb:ii:{_:-:::.::':.::.......... to iiic...........:.........iii.......iiixiii......i::i ii:ir:iii i-i.::asii-isii•?::ci•..ii}.i:::r::::.:::•ci ii.is: (V f ............. nn O n,� .� :iri:ic::i:-:::-r:i�:irr::isri:crr:.i•r}:::r.:r:::::::a•::::: :: :..:..:::.r:::_:'::::::::::._:. 1� {ii{i1'.^t:{iii:_ ii:.:i-. CJ '.....................:i•.:ii?:...::i.:-.:-:......I..:•r}iii.:?.:.:..::-r.::-:}ii:-i:i-:i•:-=... ......................:.............. Z Z N 61'22'59" W 233.71' 21A i i I 22 18 I I PLAT MAP FOR APN 029-322-012 BEING A PORTION OF LOT 2, BLOCK L—A, IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS GRAPHIC SCALE OBISPO, STATE OF CALIFORNIA. 60 0 30 60 120 AS RECORDED IN 4 MAPS 22A PREPARED BY- IN FEET ) WEST;.AND ENIGINEERING COMPA��"f 1 inch = 60 ft 75 ZACA LANE, SUITE 100 SAN LUIS OBISPO. CA. 93401 (805) 541-2394 _ ATAS 3-26-96 MARCH 1996 96.012 - 000103 ATTACHMENT E GPA 96002/ZC 96004 ENVIRONMENTAL INFORMATION Introduction The proposed project is changing the zoning and General Plan to remove commercial zoning and allow multifamily uses. Using approximately 11 units per acre and the total acreage of 0.4 acres would yield four units. These would probably be near the 650 square foot size which would allow an average of two people per unit. This use should be considered a less intrusive use of the property than commercial. The property is adjacent to developed commercial property, multifamily and single family residential properties. The site is sloping up from Traffic Way with an approximate slope of 19% in grade. The site is shown in the Downtown Master Plan on the Generalized Land Use Map (Diagram 4) as Retail/Office. Environmental Effects The impacts described below are potential since site plans are not under consideration. • This site is next to residential and any work on it will be visible to the surrounding properties. • During construction we anticipate the site will generate some dust and possibiv fumes. • :.le also anticipate that duitng constiuction noise levels will, be Elevated until completion. It would seem evident that any commercial development would likely create more impacts than those mentioned above for multifamily residential. r nrence K. carton PE 21,807 000104 ATTACHMENT F Z r' _!;�A !'�TTV 11T.' ATA Cf`AT1FT?(� ENVIRONMENTAL COORDINATOR . ��°�`°` - NEGATIVE DECLARATION C0WY1TZTYIY DEVELOPMENT DEPT. 6500 PAU\4A AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: REEG- f D. SOX /0,Z7 7:5 2.4cA t-AlUP-- Si-F_ loo AfAS<Ab67PV,-C4 931Lz. 5/-fN Lv/S OSISRO�c� 73�j PROJECT TITLE: G-ENrI\A I- ALAN AMEND,,Y%I=Av7" eooz 12-0,0V E CA1AAU A_= '760: f PROJECT LOCATION: 5 ;/� �-2/���ic, VSA y PROJECT DESCRIPTION: Ci�A/UC r 7`lIE 1.,4/,1b USF_ hESiG-N/a t1ci1J )�,PUNiD�Yv�lJ fp yy,V PED ESf/2i/�'i Cem'-z' !=,r` L �D RES1DEivf/A L IWUL741P_' E- ,=,4/q/Ly 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 i-11 not cause substantial adverse eff-^cts on human hn„tnrs either erectly or indireclay r .1 DETERIIMIINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by refer- ence and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. Steven !. DeCar�p, Ac#ia� Director Community Development Department Date Posted: txfo8 EIZ `IJ Date Adopted: No C-A grP- CDD 11-89 000105 ATTACHMENT G RESOLUTION NO. 97-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 5802 TRAFFIC WAY FROM DOWNTOWN PEDESTRIAN COMMERCIAL TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL (GPA #96002: Hendrix) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970 ' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on November 19, 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 is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan Amendment will not have a significant adverse 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 GPA #96002 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 2 . Amendment to the Downtown Land Use Plan Map as shown on the attached "Exhibit B". 000106 Resolution No. 97-96 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: DATE ADOPTED: CITY OF ATASCADERO, CA . GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HILTON, Deputy City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director M 00010'7 RESOLUTION NO. %T 96 EXHIBIT A Page of ,vs _ P!► fret REG .. L A :�IlF r i F 1 M o; / — *�,��1 :�.`'3J /'� �A 1 t l W W `..��' j � � I Y om � as....� �_ , ,..• �_` NIL T �.. �'''•'��.:. .l i:Y lac •-- �_.1..• � �� �'' « .. : - R. Its— F'T... is ..-nj•`..:;:::i::]i^,.� M r. .d. -T ti 3 Fk0Nl S (LowIJT0WIJ PMESTUA-M CCKtMERCIAL) TD : itwG-N DEAJSIty M0171f'LE FAmuyl/ New Designation="ABC' Old Designation=(XYZJ 000108 RESOLUTION NO. qZ-96 EXHIBIT B Page of Diagram 7 - Land Use Plan LEGEND Arcs. .vcMYf —I' 4, �� District 1 Pedestrian Commercial . 2 Downtown Commercial u.ns .ecru[ :;] 3 Restaurant and Entertainment 4 Public/Future Developnient 5 Public 5 .... .,.;.,...;. 6 Commercial .....•. 1. CA." / �- -�•-- Overlay'Lone Pedestrian Retail 6 e Tourist Commercial Potential Community —_ Center Locations FKOM ; (L7cw1V'-rCWA2 -EnESTRIA& C-0,IM C2v4 L� "N I&A DEAISItY MUL77/I'I-E j=-A/ fLy New Designation="ABC' Old Designation=(XYZ) 000109 ATTACHMENT H ORDINANCE NO. 318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 5802 TRAFFIC WAY FROM DOWNTOWN PEDESTRIAN RETAIL OVERLAY TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL) (ZONE CHANGE 96004 - HENDRIX) WHEREAS, the proposed zoning text amendment proposes standards that are 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 result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on November 19, 1996 and has recommended approval of Zone Change 96004 . 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 designations. 2 . The proposal is consistent with the General Plan Land Use Element. 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. The City' s Official Zoning, Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map # 029-322-012 Portion of Lot 2, Block LA, Atascadero Colony 000110 Ordinance No. 318 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES : ABSENT. ADOPTED: CITY OF ATASCADERO, CA. By: GEORGE P. HIGHLAND, Mayor ATTEST: CINDY HOLTON, Deputy City Clerk APPROVED AS TO FORM: ARTIER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000111 __.• amain ON .�a MINUTE EXCERPTS - 11/19/96 Planning Commission Meeting - November 19, 1996 Page 6 of 9 NOES: Hageman ABSt None MOTION PAS 6:1 ACTION: Recommend ap oval to the City ncil of Zone Change 96003 as contax d in Ordina a 317. Motion: Johnson Second: Wallace AYES: Johnson, llace, Zimmerma Bowen, Sauter, Edwar NOES: geman ABS None MOTION PASSED: 6:1 B. 3. GENERAL PLAN AMENDMENT 96002/ZONE CHANGE 96004: Consider the application of Rex Hendrix (Westland . Engineering) to change the Land Use designation of certain real property from Downtown Pedestrian Com- mercial to High Density Multiple Family Residential and zoning from Downtown Pedestrian Retail Overly Zone to RMF-16. Subject site is located at 5802 Traffic Way. STAFF RECOMMENDATION: (Doug Davidson) The Planning Commission should recommend the following actions for the City Council' s consideration: 1. Find the. Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. 2. Recommend approval to the City Council of General Plan Amendment 96002 as contained in Resolution 97-96. 3. Recommend approval to the City Council of Zone Change 96004 as contained in Ordinance 318. Doug Davidson provided the staff report and read into the record a letter from Mr. David K. Smith, attached hereto as Exhibit "A" . TESTIMONY: Bob Wilson property owner of 5804 - 5816 Traffic Way (El Paseo Plaza) , spoke against the project. Mr. Wilson would prefer 000113 Planning Commission Meeting - November 19, 1996 Page 7 of 9 conunercial zoning over high density residential zoning because in that area there is no buffer area between the commercial and residential zones. Mr. Wilson shared problems he' s encountered with vandalism and trespassing. Sandra Southworth Parker, 10585 Huer Huero Road, Creston asked questions regarding slope, grading, sewers, and lot sizes of surrounding multi-family property. Doug Davidson addressed Ms. Parker's questions by stating the slope was 19%, that sewer was available to the property, that the lot sizes of surrounding multi-family property are approximately the same, and that the main reason staff is supporting the request is that the grading and site disturbance would be less for a residential project than a commercial. project. ----end of public testimony---- Commissioner Wallace said she could not support this project as we have very little Pedestrian Retail area as it is. She stated that it would be like "giving up on downtown" . Commissioner Bowen stated that the Commission has made a commit- ment to trying to revitalize the downtown and whenever we take a "link out of that chain" we're reducing that commitment. ACTION: Find the Negative Declaration to be adequate under the guidelines of the California Environmental Quality Act. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Bowen, Sauter, Hageman, Edwards, Zimmerman NOES: None ABSENT: None MOTION PASSED: 7 :0 ACTION: Recommend approval to the City Council of General Plan Amendment 96002 as contained in Resolution 97-96 . Motion: Johnson Second: Bowen AYES: Johnson, Sauter NOES: Bowen, Hageman, Wallace, Zimmerman, Edwards 000114 MINUTES EXCERPTS - 11/ 19/ Planning Commission Meeting - November 19, 1996 Page 8 of 9 ABSENT: None MOTION FAILED: 2:5 The Chairman called a break at 7:58 p.m. At 8: 05 p.m. the meeting reconvened. / B. 4. GENERAL PLAN AMENDMENT CYCLE: Receive and file the General Plan Amendment plication filed for consideration during the second neral plan amendment cycle of 1996. (Grummitt) STAFF REC ENDATION: (Doug Davidson) The Planning Commission should: 1. Recei a and file the General Pla Amendment application which s filed for considerat' n during the second general an amendment cycle 1996. Chairman Edwards orde ed staff to regeive and file the subject general plan amendment \--plication B. 5. RULES OF PROCED ES: Amend the Planniriq Cinmission's Rules of Procedures to address the issue tie votes and to bring into con- formity with the un'cipal Code. STAFF RECOMMENDATION: oug Daviicson) Staff recommends that the Planning Commission: 1. Adopt Re olution No. 1-96. `. ACTION: Adopt/Resolution No. 1-96 amend ig the Planning Com- mis on' s Rules of Procedures. Motio Wallace \ Sec d: Johnson ES: Wallace, Johnson, Sauter, Bowen, Zimmerman NOES: Hageman ABSTAIN: Edwards % ABSENT: None MOTION PASSED: 7 :1 000115 • REPORT TO CITY COUNCIL AGENDA ITEM: C-1 CITY OF ATASCADERO DATE: 12/10/96 THROUGH: Andrew J. Takata, City Manager Arther Montandon, City Attorney FROM: Brady Cherry, Directori Department of Community Services SUBJECT: Consideration of Resolution No. 106-96 approving the cancellation of$1,522.12 debt to the General Fund from the Atascadero Community Services Foundation for incorporation. RECOMMENDATION: Staff recommends approval of Resolution No. 106-96 canceling the foundation's debt for incorporation. BACKGROUND: In September 1991, the Atascadero City Council passed Council Resolution 89-91 authorizing the incorporation of the non-profit Atascadero Community Services Foundation. The Foundation was created by the City Council to assist the City in making improvements and enhancements to public facilities and community services programs. The establishment of a non-profit tax exempt organization was desired to enhance fund raising and contributions to community projects at the parks, Charles Paddock Zoo and other facilities and programs. At the time of incorporation, the City apparently paid for the costs of incorporating with the intent that the Foundation would later reimburse the City of the cost. The City has carried $1,522.12 on the books as a "receivable" since 1991, and the debt has been unpaid. The Atascadero Community Services Foundation currently has approximately $18,237.00 in it's account. However, the vast majority of these monies are earmarked for certain projects or belong to organizations in partnership with the Foundation. Examples of funds that are earmarked are as follows: - Lake Park Tot Lot project - Charles Paddock Zoo improvement - Atascadero Native Tree Association - Atascadero Lake Restoration - Foundation Youth Scholarship program The Foundation does have some funds of its own that are not earmarked, however it is only a few thousand dollars. Virtually all of these funds were contributed by Councilman Harold Carden when he donated his Councilman's salary to the Foundation. 0001-.6 As a matter of bookkeeping, the City Treasurer would like to have official City Council Action to wipe this debt off the City's books. FINANCIAL IMPACT: $1,522.12 to the City's General Fund. C:\WP51\CITYCOLTN\DEC1096.RVr 000117 -1 .-A .0 Dd '.o W tj ZD 3 ID, D -D :D v) --I 1,0, r 'Jt ~'7:f yr1 ,:y r� !Y1 ^3 O'"�Gn rJ'*J'T3 y>9 !V'T1�> ;y��> ,-. �> t-Ij IDd Id tJ tj-0>11:1 ITJ ID 1) lb Cmy,rI t.,j 0. -D I.D m IL v I 0 0 0) 0 -=I Ell ::j -73 ej) D ,o 0 M ITj '::L-11 =s -A l.V • e.b 'D 41 to M Of III -Z Cr 0) 4 0 V W 1-111 n 'TI =J =j It -V-i 1.0 10 10 !31 o -71 Zr :1 0 zr 31 Pq 1) D n) lb =1 o :> tr 0 03 71 II I I I C3 If -rl jD I.J co It -1, 1 -:D 411- :: . I. . If - 1 1. it J CO'4D t, tj•.0 -11+-+ -1 t'J*4D if :�o 1 0•-:) 10 1.) -:D W CO— #,-rA 4D w -0 11 W 1 t.)pj =110 hj 41 C, -J tj co 41= it 0 1 -D•-D•-D',0 if It I I t'.)'j, 000118 RESOLUTION NUMBER 106-96 do RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE CANCELLATION OF DEBT TO THE CITY'S GENERAL FUND FROM THE ATASCADERO COMMUNITY SERVICES FOUNDATION The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City of Atascadero hereby cancels the debt of $1, 522 . 12 from The Atascadero Community Services Foundation for incorporation. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . The City Treasurer is hereby authorized to make appropriate adjustments to the City's Financial Records. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 10th of December, 1996. ATTEST: CITY OF ATASCADERO MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: - ARTHER R. MONTANDON, City Attorney C:\WP51\C1TYC0UN\RES0L106.96 40 000119 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item• C-2 Through: Andy Takata, City Manager Meeting Date: December 10, 1996 From: Lt. William Watton, Acting Chief of Police SUBJECT: Equipment Purchases for the Citizen's Options for Public Safety(COPS)Program (AB3229) RECOMMENDATION: Approve the purchase of the listed equipment. DISCUSSION/ANALYSIS: As you know, the City of Atascadero has received $57,592.00 in grant funds from the State under AB3229. This money must be spent on front line law enforcement needs and must not supplant any existing funding. We are recommending the items below to replace old, worn out equipment. All requested purchases comply with the City of Atascadero purchasing policy. Some costs listed below are approximate, and may v�Ysli slightly. Any money remaining will be used to fund additional laptop computers(up to three additional). 1. Computer Hardware: $24673.00 The computer system at the Police Department has long outlived its useful life. The original system(both hardware and software)was purchased in 1986 and has been partially upgraded several times since to conform to the software requirements of our information system. This computer system holds all of our department records. It does not include service calls orffi r o ce activity that are not documented in report foam we have no computer aided dispatch CAD or other program to assist in dispatch oroperations). Currentl our file server, a 486 MHz with 8 MB of Y , RAM, has fourteen work stations attached. Two work stations are provided by the employees that use them not connected to the network four ou are 486, eight are 286 and two are the original XT'S. One additional computer was upgraded by the Sergeants Association. Our file server has exceeded its capacity and randomly "dumps" information, compromising the integrity of our system. This creates questions of accuracy in our information in court records, declarations, affidavits, and reports to the Department of Justice. I am recommending the purchase of the Gateway equipment as listed in Attachment One. State contract number 3-95-70-0053A. Laptop Computers: $4900.00 In addition to the desktop computer systems, up to six laptop computers(only one remains in service today) have been used for our field officers to write reports. This process cuts report writing time and makes for more clear and readable reports. The officer in the field turns in his/her reports, on a disk, to the watch commander. The watch commander will read the report, and the officer has the ability to make any corrections, additions, or changes before it ever gets printed and sent on to 000120 Records. In the past we have only had the ability to write the narrative of the report on computers. Due to the work of one of our officers we will soon be able to complete most forms, including traffic accident reports, on computer. I am proposing the replacement of three laptop computers at this time and possibly three more as funds are available, as listed in Attachment One, 2. Cellular Phones(five): Up to $1000. Our current cellular phones have been in service for over five years and several have become unserviceable. This money will go toward the replacement of four phones and the addition of one'phone. (Two replacements in the Police Department, one replacement and one new in the Fire Department, and one replacement for the City Manager.) The total cost of the phones(and car kits) is about $1250.00. Funds over$1000 will come from the 96/97 departments budgets. These phones are available for emergency use by any city department, provided they are not needed by the department normally using them. This is an extension of our current vendor contract with GTE Mobilnet. Two of these phones are provided free, two phones discounted to $49.95, and one phone discounted to $150. We will also receive the "car kits" for these phones at a 25% discount. The equipment provided is quality Motorola equipment. The monthly service charge for all city cellular phones will go from $29.95 to $19.95 per month with an air time charge of.32/peek and .12/off-peek per minute, with a free number(no air time charge) anytime for each phone(normally the dispatch number). I have compared this contract with the other cellular provider in this area. They have competitive rates and phones, but they have no free number under their government contracts. Recommended vendor: GTE Mobilnet 3. Personal protective vests: $4400.00. These protective vests have a recommended life of only five years, and the City is required to provide this safety equipment to all sworn police employees. Many of the vests being replaced are well over that five year life span. Attached you will find the memorandum from Officer Mark Vallely regarding his research of the concealable body armor. The phone bid of$439.76 per vest, from L.C. Action Police Supply, seems to be the best choice. This price is only about $8.00 from the lowest bidder(Galls Police Supply, Lexington, Kentucky) however, L.C. Action Police Supply will come to our Police Department and "custom fit" each officer. Recommended vendor: L.C. Action Police Supply, San Jose, CA. See Attachment Two. 4. Police Patrol Vehicles (two, black and white): About $18,000.00 per year for a three year lease through Ford Motor Credit. (This first year lease would be paid from these grant funds and the succeeding two years would come from the 97/98 and 98/99 General Fund Police budgets.) Our patrol vehicle fleet of six 1993 and one 1995 Ford Crown Victorias have accumulated high mileage. Average life span of police patrol vehicles is about 80,000 to 90,000 miles. Of our current vehicles two are over 100,000 miles, two are over 90,000 miles, one over 80,000 miles, one nearing 70,000 miles, and one at just over 30,000 miles. The two highest mileage patrol vehicles will be shifted to other non- patrol duties in the police department, replacing vehicles with 134,000 and 143,000 miles. (One of these vehicles will be turned over to the Fire Department for their investigations personnel.) 000120. / These vehicles will be purchased through the State of California CHP Police Car Contract, Number 1-96-23-14 or 1-97-23-14, through Downtown Ford Sale:,in Sacramento, and leased through Ford Motor Credit. The Deputy City Attorney has read and verbally approved the contract with Ford Motor Credit, pending approval by Council. See Attachment Three. 5. Software and equipment/furniture upgrades/replacements: $4619. (or remainder of unused funds). Due to the upgrades in our systems within the police department, we must also upgrade some software and furniture. Our current netware system is Novel, less than version 3.1. Our software vendor for our current information system requires the upgraded Novel system to be able to install their (already paid for)upgrade to our information system. Cost is about $1200.00 Our current network hardware is an ARCNET structure and is slow and narrowly defined, compared to the faster and more versatile Ethernet system. The change-over will align the police department with the structure in City Hall and entails a wiring change within the Police Services building. Approximate cost $1000.00. Our City PSAP(Public Safety Answering Point)will be getting new equipment soon. Our E-911 system will be replaced with a new "state of the art" system, within the next few months, all paid for by State E-911 funds. However, the state will not pay for the change in furniture that is required for the new equipment in our dispatch center. This new equipment will be taking us from a console mounted system to a computer driven, computer desk type system. In addition, due to the 24 hour use of our dispatch center, several of the chairs need to be replaced. (The dispatch center always has someone on duty, in the room,working, 24 hours a day, 365 days a year) Approximate cost: $1000. The remainder of funds($1419-00);kill be used to get our network up and running and all systems (E-911, CLETS, LEADS, WP, etc.) married together on the Ethernet system. This is estimated to take between 20 and 40 hours of a consultant's time. FISCAL IMPACT: +$57,592.00 Attachments: One Two Three OOO120, "re•1 �`�y � ,yr �t ua.., f r t,w.. � ease. �' .. ` 1 -�' 'r � •2�• , � �i r, tck � � .'����� C � r it kt e^` it � Ji�i� 'L f�n r � _gib Wil..� �+ '• .'�; � {ic�`����em3."4'?M4;rS�Xt�� j� .'{ t ��r j •�� Y.y�� �j� L,ujkr�w+ly":- i .-.f r a°�.7`i ,{7� +r'� �,ta•�;�'. �i �r'rM .1 4 � F� t'y y yy E e.�. T,? ... ...+a n» r � ''*.?. r _ �' .✓� � t+"„�..yam zV SPtS �• r/` V c�r` .•�.', h t KI i u• 3�''kld ..S: 3 ?`..:Q ,t} �� t Ifl y 1 �.Q��n y %17, ,t > Jy �� ..�,e..y or�..v .. ��.w.� AR++v� i;•! t 4f i) jx - tye "`°`f'3 /4r 1 ` y '`•L.,., :C+f �a yF � � xr '� 1� '' .� `y ) 2m ;ot `'�+3'�^'yt'Y'�'�'�1'T"' wsv- +-S�iYiy is - Yom`•��v'?nss+v+ar .moo app - `+v* .A. ,' i{f � 1_' S ! I l 4 t y � � Y.:alp. ":^ •.d ..r.,iv.+�u ?l t Y �. - �L ;�x f 1 tit � t 3< I� �.r,� N'�� r.� � a�.�4 �t i fry U r!.:,'•iv s i_.• *."� �.,�!{ •-r-�•' J. 1 <1 1 S ims t and Associates A certiried Novel/Providers November 22, 1996 Lieutenant William Watton Atascadero Police Department P. O. Box 911 Atascadero,CA 93423-0911 Dear Bill: As you have requested,I have researched two computer manufacturers with regard to pricing and availability of computer hardware for the proposed information system upgrade of the Police Department's computer network. I have contacted the two companies,Gateway 2000 and DELL, as we discussed. Both companies are on the State of California direct purchase bid list and I have obtained the appropriate CMAS numbers accordingly. The information (Attachment #1) is current as of 11-15-96 and I do not anticipate any significant changes. Based on our conversation and the guidelines you set for a network system, the following recommendations are made: 1. File server upgrade to the Gateway 2000 G6-200 as described in attachment #1. 2. Workstation upgrades to the Gateway 2000 P5-120 as described in attachment#1. 3. New wire installation for the 10/100 Ethernet platform. 4. Upgrade network software to Novell version 4x. The above recommendations are based on the work environment, needs of the organization,and fiscal responsibility. There are more expensive options available. The more expensive options,however,will not necessarily prove to be cost effective for both short term and long term needs. Recommendation number 3 is one that we believe will improve performance as the current ARCNET structure is old technology and very slow. The data transmission rate of the 10/100 Ethernet platform is extremely more efficient and much faster. This improvement alone will dividend a considerable performance enhancement. The cost of new wiring for the 10/100 Ethernet platform can be accomplished in a variety of ways. Our recommendation is to have the labor provided by city personnel with oversight provided by an authorized Novell provider to ensure installation compliance with your software. The cost of the wire varies depending on the quantity F but is not expensive.. We believe this would be the most cost effective solution. Amore � 4 PostOffice Box 1323 ATASCADERO,-,C&',-93423-,1323 (805)460-0723.TOLL FREE (8((88),460-07,2,3, 0061�lliJ concrete cost estimate can be obtained once the workstation locations and installation methods are determined by you. The price for the software upgrade from the current Novell Networe 3.10 to Novell IntranetWare will depend on the number of user license and what company you choose to complete the installation and conversion. Novell IntranetWare is recommended as it is the most current version and adds many benefits that will facilitate future needs i.e. Internet access, Wide Area Networking, Connection of DOS, Windows, Windows 95, Macintosh, OS/2, and Unix clients, and the industries highest rated network security. The approximate price for the Novell software upgrade is as follows: r • 25 user upgrade-approximately$967.00 o- 44 W%"4jW ` • us-1009 50 user upgrade-approximately$1291.00 vice It should be noted that Sims and Associates IS NOT associated with or a .lo — dealer/representative for Gateway 2000 or DELL computers. The recommendations of hardware are based on available information regarding service records, consumer satisfaction, product line variety, offered services, compatibility to current client needs, and overall track record. I hope that the information provided is satisfactory and should you have any additional questions or concerns, please feel free to contact me. Sims and Associates is available to coordinate the Police Department's purchase and information system upgrade. • Sincerely, Blair A. Sims f :- .c. vv: i�7o Lt1:4rJ l7Cl�'fvuurc, S111� rNlat bl 1MS AND AssOciCites e ork t rum GATEWAY (CHAS 03_9, Model G6-200 70_0053A) DELL (CMAS IP3-94-70}0012) (See attached speC.sheet) $2,897.00 Model ower Edge 2100 (See attached s $3.799.()opec•sheet) ADD fNS- 2GB bard Drive $416.00 Upgrade me t 2G8 Nord Drive y 3.2G8 Tape Backup $936.00$936`.00 Upgrade memo to 128mb $749.00 $195.00 4G8 Tape Backup $1 949.00 TOTAL 'Upgrade to 200Mhz Pentium $799.00 $4.444.00 4300.00 $7,596.00 Network Workstation Cam#1 Model PS-133 $1,697.00 (See attached spec.sheet) Model OptiPlax GXMT.5133 $1.7".00 (Nate. Gateway provides extensive software (See attached spec. sheet) package acid 8X CD ROM) (Note: No software or CD ROM) L ADD INS- 3COM PCI Ethernet 10/10() 3COM PCI Ethernet 10/100 twisted pair $156.00 hvisted poli $249.00 TOTAL $1,853.00 $2,o4a.00 Network Wat(statlon with 33.6 modem Model PS-133 41,697.00 Model Optiplex GXMT5133 $1,799.00 (See attached spec,sheet) (See attached spec.sheet) 3COM PCI Ethernet 10/100 3COM PCI Ethernet 10/100 twisted pair $156.00 tvristed pair $249.00 Modem Add- Modem Add- Telepoth 33.6 data/ 14A fax $146.00 US Robotics 33.6 Teiephoney $149.00 TOTAL $1,999.00 $2,197.00 Network Workstation Comporison#2 No model ava4able from DELL to Compare with Gatewoy Model P5-120 $1,643.00 (See attached spec.sheet) Post Office Box 1323 ATASCADERO,CA. 93423-1323(805) 468.0723 TOLL.FREE (888)460-0723 1 r r br 1 7�t 10-3b 80bgbUU1ZJ SIMS PAGE 021 i (Note: Gateway provides extensive software package and 8X CD ROM) ADD INS- 3COM PCI Ethernet 10/100 twisted pair $156.00 TOTAL $1.799.00 Network Workstation wNh 33.6 modem Model P5-120 $1.643.00 (See attached spec.sheet) 3COM PCi Ethernet 10/100 twisted pair $156.00 Modem Add- Telepath 33.6 data; 14.4 fax $146.00 TOTAL $1.945.00 r 000120 W__IVVV GATEWAY 2000 G6-200 11/,121'96 DESCRIPTION Intel 200M94z Pentium Pro microprocessor, 32M$DM,RA256KB cache,2GB SCSI hard drive, 1.44M3 3.5"- diskette drive,4X SCSI CD-ROM, 10/100 twisted Color monitor(13.9 viewable),Tower case, 104 keyboard,Wurdows 95',MS 0f 95. MS mouusse, atm mouse pad,3YR Limited Parts Warranty,Year 2000 Compliant y G6-200 PRICE: $2897.00 PART# GSA PRICE SOFTWARE OPTIONS SOPNTWS MS Windows NT Workstation 3.51(upgm4e from Windows 95')......................... S NC SOPOFF95D MS 'on diskette......,..... .........add DRIVE ....... ...... ........................... ..... ..............add:S 98.00 OPTIONS MONITOR OP'T'IONS M017VIV 17"Color monitor(15.9"viewable)................. M021VTV 21"Color monitor(19.9"viewable).'....... ....... . . ... ....... ................ .....add.$ 211.00 •• •• •............................ ....add:S 828.00 OTHER OPTIONS OP124KB 124 Programmable keyboard...............:....... OPPCI2W .................. ...... PCI 2M13 ........................................add.S 20.00 OPPCI4W PCI 4IvIB SAM graphics accelerator................................ ......add:S 59.00 OPTELE28 W1L41v1 graphics acceterataz... ........ ................ ......... ....... ............. .......... Telepath 33.6 Data/14.4 Fax a�S 142.00 OPREApEit PCM MAdem-•................. .................... CIA card reader ...add.$ 146.00 460 OPTBU3.20B (not for s to with Windows N f�........................................... add:$ 156.00 3.2GB Infeznal tape baCiarp(w/tape)(not for sale with Window •.......... OPTOKEN Token ringadapter......-............... s NT)...............................add:S I95.00 � OPUZM ................................. ..........add:$ 273.00 .......................................... OPGATEGP ory Gold 1'temi upgrade(per�).......................................................................................... add:$ 9.75 Gateway nut Onsite Wanunry 2 yr.extension..................... 4) ..... ...........add S 47.00 mile ALL PRICES F013 DESTINATION ADD$30 FOR APO/FPO ALL OPTIONS AT POINT OF PURCHASE ONLY ALL SHIPMENTS 2 DAY DELIVERY ._ 610 Gateway Drive*P.O. Box 2000 4 North Sloux City,South Dakota 57049 Telephone 605-232.2000*Fax 605-232-2716*Toll Free 800-779-2000 18 000 .20. 11/10/vu CAL ua:L1 cnn VVO �.ic cila - GATEWAY 2000 1 U12/96 P5-133 DESCRIP'T'ION Intel ITIN91z Pentium microprocessor, 16MB DRAM, 256KB cache, 1GB EIDE hard drive, 1.44MB 3,5" diskette drive, 8X CD-ROM,PGI 1MB DRAM graphics accelerator, 15"Color monitor(13.9 viewable),Mini tower case, 104 keyboard, MS Windows 95' &MS Office 95',MS mouse,Gateway mouse pad,3YR Limited Parts Warranty,Energy Star Compliant,Year 2000 Compliant P5-133 PRICE: $1697.00 PART# GSA PRICE SOFTWARE OPTIONS(Substitute one of the following for MS Office95 on CD) SOPWFWOFF43 MS WFW3.11 and Office 4.3 on CD.................................................................................add:$ NIC SOPOFF43D MS Office Pro 4.3 on diskette....................... .....................................................................add:$ 98.00 SOPOFF95D MS Office Fm 9S'on diskette................ ............................. SOPNTWS MS Window NT ............................................add:$ 98.00 Workstation 3.51(Upgrade front MS Windows 3.11).............................add:$ 97,00 DRIVE OPTIONS HD2GB 20B EIDE hard drive. .............. ...... ..... .............................................................................add:$ 49.00 HD3GB3GB EIDE hard drive........................................................................................................add:$ 113.00 HD2GBSCSI 2GB SCSI hand drive......................•-•.............-._-..............._........... ....add:$ 416,00 MONITOR OPTIONS M017VIV 17'00101 monitor(15.9"viewable)..................................................................................add:S 211.00 M021VIV 21"Color monitor(19.9"viewable)............................................................................... .add:$ 82$,00 OTHER OPTIONS OP124KB 124 Programmable keyboard.............................................•..............._............_-_................add:S 20.00 OPDESKDesktop Case........................................................................... ......add:$ NIC .. OPTOW Tower Case....... ............................. • ........ ................................................................................add:$ 34.00 OPATI2SG ATI 2MB SGItAMgraphics accelerator...................................... ......... _.....add:S 54.00 ...., .................. OPPCI2W PCI 21-0 WRAM graphics accelerator......................................... OPPCI4W PCI 4MB WRAM "........... .....................add:S 113.00 graphics accelerator.. .add:$ 196.00 OFTELE28 Telepath 33.6 DaW 14.4 Fax Modem............. ................. ...............-.add:$ 146.00 P� .......................•............._........... ................. OPCD4SCSI 4X SCSI CD ROM(w/SCS1 controller).......................... ._..,. ..add:$ 122.00 OPREADER PCMCIA card reader(rot for sale with Windows NT)........................................ .......-.-,-,,,,,,,,•-. ..........:•-add:$ 156.00 OPTBU3.2GB 3.2GB Internal tape backup(w/tape)(not for sale with Windows NT)................. add:$ 195.00 OP3COMT 3COM ISA Ethertrat twisted pair......................... ....----••...................................................add:$ 77.00 OP3COMc 3COM ISA Ethernet combo................................................. add.$ 97.00 OP3COMI0 3COM PCI Ethernet 10/100 twisted pair. ..... ..........................................................................add:$ 156.00 OPTOKENN Token ring adapter................................ .add:$ 273.00 OPMEM Memory upgrade(Per mcg).***** eg)........................ ..........add-$ 9.75 - + OPC}ATEQP Gatewayy Gold Premium Onsite Warranty 2 yr-extension..................... ..........add $ 97.00 ALL PRICES FOB DESTINATION ADD$30 FOR APO/FPO ALL OPTIONS AT POINT OF PURCHASE ONLY ALL SHIPMENTS 2 DAY DELIVERY 610 Gateway Drive"P.O.Box 2000*North Sioux City,South Dakota 57049 • Telephone 605-232-2000 t Fax 605-232-2716"Toll Free 800-779-2000 15 4a9 v 000120./0 Laptop Computers Minimum equipment needed to run our software systems. Pentium 100 500 MB hard drive 16 MB of RAM Carry case AC/DC power Windows 95 Microsoft WORD These laptop computers would be used for patrol officers to complete their reports in the field and for investigations personnel to use on search warrants, and the "Identi-Kit" Advanced Facial Composite Program. Computers would be similar or better than the AST J20, available through PC Zone Computer Discount Catalog at$1499. plus additional RAM, case, power cords, and additional warranty. Price would be as listed above or less. • MEMO To: Lt . Barlow • From: Mark Vallely Date: 11/25/96 Subject : Concealable Body Armor After looking into the different vests offered I used two factors to influence my decision regarding which vests we should consider. for purchase; The best ballistic protection and most comfortable. I read various reports on these vests and spoke with officers- who wear them on a daily basis . Attached to this memo is some of the literature that I reviewed by some of the various companies. The three vests that came out on top of the list are the Safariland LM-2-9606/LF-2-9606 Multiflex, Level 2 Vest- The Second Chance Monarch Level 2 Vest. The Paca 221D Level 2 Vest . All three vests are rated for threat levels of Level 2 capabilities and are the San Diego style. Safariland was the only company to submit documentation showing that their vest was capable of stopping at a threat level 3A. Prices are as follows . Safariland Multi-Flex • Gall' s price $369.00 no tax, shipping $12 . 95 per vest, additional carrier $49.99 . soft or hard trauma plate no charge. No custom fitting. G `�� �/q31 qGf Total Cost $381.95 per vest. L-6)4 S�-� �----- L.C. Action Police Supply price $409 .00 per vest, tax $30 .76 (7 .25%) , shipping is free. This price includes a soft trauma plate and one additional garment. Custom fitting at the PD. Total Cost $439 .76 per vest. Second Chance Adamson Industries $520 .00 per vest, tax $37 .73 (7 .25%) free shipping, and custom fitting at the PD one day only. Total Cost $557 .73 per vest . Paca F. Morton Pitt Co. $465 . 00 per vest, tax $33 .71 (7 .25%) , shipping $15 . 00 for order of ten vests, extra carrier and soft trauma plate included in total price. Total Cost $498 .71 per vest plus shipping. 000120, /f Armor Technology Corp. offers a November special which includes the vest, a soft trauma plate, and two carriers, not cool max material . Per Kit Vinson he will extend this offer thirty days past November. Per vest $3`99 .00, tax $28 . 93 (7 .25%) , shipping is $15 .00 for first vest and $7 . 50 for each additional vest . If we want to upgrade the carrier to the cool max, same as the above vests, it would be an additional $20 .00 making the vest price $419 .00 and slightly more in tax. Any vest purchase larger that a regular fit is an additional 15% ($59 .85) . Custom fitting at the PD is available. 0001ti0. �� tJOU 0 ' 9E 13. 45 FROM COML LNDG-MUNICIPALU2 PAGE . 001 Ads* F (806)461-3702 Pages Ford Motor Credit Company The Anwlican R*44 P.O.Box 1739 Rea tom,Wchoan 48121-1734 November 20,1996 Acting Chief Bill Watton City of Atascadero,CA Re: Ford Municipal Finance Program-Quotation for City of Atascadero,CA Dear Mr.Watton: The following proposal is supplied by Ford Motor Credit Company. The following fixed simple interest rate(s) and payment factor(s)are good through February 1, 1997 and apply to total amounts financed for the range shown below. This quotation is based on the financing of the following equipment: Two 1997 Ford Crown Victoria P71 Police Sedans for a total amount financed ranging between $25,000-$74,999. Price Range Term: 2 Years Term: 3 Years ($25.000-$74,999) (1st Payment in Advance) (1st payment in Advanc-e) Payment Method 24 Monthly Pymts. 2 Annual Payments 36 Monthly Pymts. 3 Annual Payments APR 5.00% 5.00% 5.00% 5,00% Payment Factor .043689 .512195 .029847 .349722 Payment Amount" 0 " "To calculate payment amount multiply total dollar amount financed times the payment factor. The Ford Municipal Lease-Purchase Finance Plan has no mileage restrictions, no prepayment penalty, requires no security deposit and has a $1 buyout at term end. At lease inception, the new equipment title/registration would indicate City of Atascadero, CA as Registered Owner, and Ford Motor Credit Company, P. O. Box 1739, Dearborn, Ml 48121-1739,as Uenholder. Ford Credit's financing is subiect to review and atwoval of aur 1995 AND 1996 AUDITED FINANCIAL STATEMENTS completed"Fact Sheet"and s' a "Essential Use"letter along with mutually acceptable documentation(sample documents attach2!M. Sample documents should be reviewed by the Attorney for the City of Atascadero. Thank you for your interest in the Ford Municipal Finance Plan. If you have any questions, please call me at 1-800-241-4199,ext. 14. My fax number is(313)323-2872. Sin rel arbara Cris Municipal Finance Attachments 000120, POLICE SERVICES., 1s o CITY OF ATASCADERO 1s December 4,1996 ESSENTIAL USE-LETTER Ford Motor Credit Company P:.0. Box 1739 -'\, Dearborn.,-MI, 4 8 12 1-173 9 RE: Lease' Purchase Proposal Number ; I am 'furnis�hing the "-following information to help facilitate the credit .approval process for the--proposed Lease=Piirchase,transaction. The equipment will be used' in .the Atascadero`; Police Department which has been, in operation _for'/17 years. . The use and application of -the .equipment includes normal police duties such as 'patrol investigation. of .crimes and complaints, crime prevention, traffic control, and other official- law enforcement functions. This equipment replaces previous equipment which was purchased in various years. The previous equipment may continue. to be used within the various.-City departments. The following vehicles are being used ; for the same` purpose as the i` financed vehicles ,in the department: r Number ' ' I Year/Model -3 4207/ V , 1992 `Ford Taurus 1995 Ford Crown Victoria �1 - i 8513 1995 Ford Crown Victoria' The source ,of�/funds x forkt e payments; on;,' he�-Lease;Purchase for; -the first %year;, will be, AB3229';-funds`- '(approx. $20;000) !and :for �-the It following years4 , 'it `will be the�Gene�ral` _Fund:; The,fund `generates ,revenues--from property=,and', sales taxes, mot r (vehicle✓ in-lieu , and:\ franbh se Mees, busi.ne s �,licenses, permits and ;fees, and other 'rev_ enues. , •✓Attached ;is a copy�of\ the .1994/95 Audited Fin/anci"a1.(Statements. ;(The': �t 11 99' '5-. audit deport w311 not be done until; anuary or February,; 1997; Please \lets us /know,.if .fou will need a. co y��of�it before,�your p�oceed I with \_9� r request.9, \: Sin1cerely, \ , -� _ �`pf H 1`' CW 0(pd�q WILLIAM', WATTON ING I,CHI,EF.;OF-POLICE ACT � � I 9 EAL• P ST FFICE BOX 911 • ERO, CA-93423 B iness� 146 5051 �ldmt ( y� • atch mantler 1 SS �n h ho 4658 �rFAX 461-3702 ' era tl� e��tj�ia�. Serrnce 4615053/`: !1� nVV cls SCJ 1.3: 40 tKVM I-UML LNUG-MUN1C1NHLA;f n FACT SHEET PLEASE PETURN THIS SHEET WITH T PROPOSAL NUMBER: • LEGAL NAME OF ENTITY: City of Atascadero DEPARTMENT USING EQPT. : Police Dent. FEDERAL ID NUMBER: 95-3399063 NAME OF COUNTY: San Luis Obispo STREET ADDRESS: Please give complete physical street address. Do not use a P.O.aox as express deliveries cannot be made to a Box number. 5505 E1 Camino Real Atascadero 22 BILLING ADDRESS, Please indicate any special billing ( if different than above) instructions that are required to avoid late payments and subsequent late charges. P.O. Box 911 Atascadero, CA 93423 ACCOUNTS PAYABLE CONTACT: Delma Mendes PHONE NO. - NAME OF SIGNATORS: Please print or JyR2 names exactly as the �_.. person will be signing the final document. Signatures NOT required here. AUTHORIZED OFFICIAL: Name. William E. Watton Title: Acting Chief of Police ATTORNEY SIGNYNG OPINION OF COUNSEL: Name• Roy Hanley PHONE NO.8Q i/93R-Q-AQ7- MAJOR REVENUE SOURCE: Sales and property taxes, Motor Vehicle In-Lieu & ransfer Fees & FISCAL YEAR END: Fy 1996-97 Franchise Fees. `~ BANK REFERENCE: Mid-State Bank CONTACT NAME:. Darlene Julian PHONE N0. - • 000120./6' NOV 20 ' 96 13: 46 FROM COML LNDG-MUNICIPAL02 PAGE . 0 4 FORD MOTOR CREDIT COMPANY EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. Lessee: SAMPLE DOCUMENTS ONLY Lessor. Ford Motor Credit Company P.0.Dearborn. 4 Box Oearbo . MI 48121-1739 Lessor agrees to lease to Lessee and Lessee agrees to to from d- oc9cLAlmER OF WAFMNTtES. Lessee acknowledges and Lessor the Equipment described in any Schedule A now or hereafter agrees that the Equipment is of a size,design and capacity selected attached hereto(-Equipment"] In accordance with the following terms by Lessee,that Lessor is neither a mandacturer nor a vendor of such and conditions d this Lease-Purchase Agreement ('Lease-). equipment,that LESSOR LEASES AND LESSEE TAKES THE EQUIP- MENT AND EACH PART THEREOF-AS4S-AND THAT LESSOR HAS 1. TERM.This Lease will become effective upon the execution NOT MADE,AND DOES NOT HEREBY MAKE,ANY REPRESENTA- hereof by Lessor. The term of this Lease will commence on the dale -TION,WARRANTY, OR COVENANT, EXPRESS OR IMPLIED,WM4 the Equipment Is accepted pursuant to Section 3 hereunder and, RESPECT TO THE MERCHANTABILITY,CONDITION,QUALITY,DU- unless earlier terminated as expressly providad for in this Lease,will t3ABILTTY,DESIGN,OPERATION,FITNESS FOR USE,OR SUiTABiLI- continue until the expiration date Rhe'Expiration Date') set forth-in TY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN Schedule A attached hereto (the'Leese Terml. CONNECTION WiTH OR FOR THE PURPOSES AND USES OF LES- SEE,OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, 2 RENT. Lessee agrees to pay to Lessor or its asslgrtee the WHETHER OR NOT DISCOVERABLE,OR AS TO THE ABSENCE OF Lease Payments,including the interest portion,equal to the amounts ANY INFRINGEMENT OF ANY PATENIT, TRADEMARK OR COPY- specified in Schedule A. The Lease Payments will be payable without RIGHT,OR AS TO ANY OBUGATION BASED ON STRICT LIABILITY notice or demand at the office of Lessor (or such other place as IN TORT OR ANY OTHER REPRESENTATION, WARRANTY, OR Lessor or its assignee may from time to time designate:n writing), COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR {M- and will commence on the first Lease Payment Date as set forth in PLIED, WiTH RESPECT THERETO, IT BEING AGREED THAT ALL Schedule A and thereafter on the subsequent dates set forth in RiSKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND Schedule A. Any payments received later than fen(10)days from the LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL, due date will bear interest at the highest k%Wul rate from the due data. INCIDENTAL,CONSEQUENTIAL,OR OTHER DAMAGES OF OR TO Except as specificaity/provided in Section 6 hereat,the obligation of LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF a to make the Lease Payments hereunder and perform aH of is OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE obligations hereunder will be absolute and unconditional In all EQUIPMENT AND THE MAINTENANCE THEREOF. Lessor hereby events and will not be subject to any setoff,defense,counterclaim,or assigns to Lessee during the Lease Term, $0 long as no Event of recoupment for any reason whatsoever including,without limitation. Default has occurred hereunder and Is continuing,all mamftcttxer's any failure of the Equipment to be delivered or installed.any defects, warranos, if any, avessed or implied with respect to the Equip- malfunctions,breakdowns or Infirmities in the Equipment or any wci- mens,and L osw authorizes Lessee to obtain the customary services dent, condemnation or unforeseen circumstances. Lessee reason- ttunistred in connection with such waffanties at Lesses'3 Won" ably believes that funds can be obtained sufficient to make all Lease Lessee's 9018 remedy for the breach of any such manufadtnes Paryments during the Lease Term and hereby covenants that It will do warranty shall be against the manufacturer of the Equipment,and not all things lawfully within its power to obtain, maintain and property against Lessor. Lessee expressly acknowledges that Lessor makes. request and pursue funds from which the Leas*Payments may be and has made,no represent tion or warrantlAs whatsoever aS to the made, Including making provisions for such payments to the extent existenoe or the availability of such warranties Of the manufacturer of necessary in each budget submitted for the purpose at obtaining the Equipment funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all avaltable administrative reviews 5. RETURN OF EQlll mEM: Unless Lessee shall have Wer- and appeals In the event such portion of the budget is not approved. cised its purchase option as provided in Section 2D hereof;upon the it is Lessee's intent to make Lease Payments for the full Lease Term wcp Vion or earlier termination of this Lease pursuant to the terms it funds are legally avatabie therefor and In theft regard Lessee repro, hereof,Lessee shah,at its sole expense but at Lessor's option,return some that the use of the Equipment is essential to its proper,efficient the Equipment to Lessor packed for shipment in accordance with and economic operation. Lessor and Lessee understand and intend manufacturer's sped lions;and freight prepaid and Insured to any that the obligation d Lessee to pay Lease Payments hereunder shah location m titre continental United States designated by Lessor. constitute a current expense of Lessee and "not in any way be construed to be a debt of Lessee in contravention of any applicable 6. NON.-APPROP10XION OF FUNDS; NON.SUesww 10N_ constltudonai or statutory limitation or requirement concerning the N%withstanding anything contained In this Lease to the contrary, in- - creation of indebtedness by Lessee, nor shall anything contained the evert no funds or insuffident funds are appropriated and budget - herein constitute a pledge of the general tax revenues,funds or mon- ed or are otherwise unavailable by any means whatsoever in any 1e3 of Lesm. fiscal period for Lease Payments due under this Lease, Le""will. immediatety ratify Lessor of its assignee in wi mg d such occur-DELIVERY AND ACCEPTANCE Lessee, or If Lessee so (e- rence and thts Lease shah terminate on the last day of the frsoaN quests,Lessor,will cause the Equipment to be delivered to Lessee at period for which appropriations have been received or made without the location spKXfred in Schedule A CEquipmert Location")- Lessee penalty or expense to Lessee,except as to(Q the Pwions Of Lease will pay all transportation and other casts,if any,Incurred in oonnec- Payments herein agreed upon for which funds shall have been tion with the delivery and installation of the Equipment. Lessee will appropriated and budgeted or are otherwise available and ("a) Les- accept the Equipment as soon as it has been delivered and is opera- see's other obligation and liabilities under this Lease relating to,or tional. Lessee will evidence its acceptance Of the Equipment by axe. Wining or arising prior to, such terminatlon. In the evert of such cutins and delivering to Lessor a Delivery and Acceptance Cert c'de termination,Lessee egress to peaceably sure renderpossession of the (h the brat pvvidad by Losso within three days d do"of the Equipment to Lessor or its assignee on the date of such t8ifi11natioff Equipment. in the manner set forth in Section$ hereof and Lessor W11 have ttt� s.p*mbw 1W• Prr4kmm.dkraw mq NOT be used 'A'��', C_0 d FROM COML LNDG-MUy I C I PAL92 PAGE . 005 Iegal and equitable rights and remedies to take possession of the Default hereunder, and as long as such Event of Default is oorttinu- Equipment. Notwithstanding the foregoing, Lessee agrees n that it ing, or(iii) in the event that the purchase option has not been exer- witt not cancel this Lease and this lease shag not terminate under the cised prior to the Expkartion Date,title will Immediately Vest In Lessor provisions of this Section t any funds are appropriated Yo it,or by it, or Its assignee without any action by Lessee and Lessee shall Wr the acquisition, retention or operation of the Equipmenl or other immediately surrecxler possession of the Equipment to Lessor or its equipment or services performing functions skrrflar to the functions of assignee in the manner set forth in Section 5 hereof. In ortfer to *the Equipment for the rracal period in which such termination Would . secure all of Its obllgWIons hereunder. Lessee hereby n grants to have otherwise occurred or for the neod succeeding fiscal period,and Lessor a rust and prier security interest in any and all right,title and (i)that it will not during the Lease Term give priority in the application interest of Lessee In the Equipment including but not iC'mited to of funds to arvy other functionally similar equipment or to services comlwter programs and ConV"documentation, if any,relating to performing functions similar to the functions of the Equipment. This the Equipment and in all additions, attachments, aocessions, and section will not be construed so as to permit Lessee to terminate this substitutkxts thereto,and on any proceeds therefrom,(ii)agrees that Lease In order to purchase, Was%rent or otherwise acquire the use this Lease may be filed as a financing statement evidencing such of any other equipment or services performing functions sit mger to the security interest, and(I*agrees to execute and deliver ail financing functions of the Equipmerx,and, If this Lease terminates pursuant to statements,certificates d tithe and other instruments In form satisfac- this section,Lessee agrees that during the fiscal period imrnix fately tory to Lessor necessary or appropriate to evidence such security following the fiscal period In which such termination occurs A wO not Retest so purchase, tease, rent or otherwise acquire it* use of any such ogler equipment or services. 9 USE; REPAfR& Lessee wig use the Equipment in a careful mangy mer for the use contemplated by the matxd**x'er of the Equip- T. REPPESEWATiONSi COYOWM AND WARRAAIM. inert, Lessee shall carttply with all Iaws, ordinances, insurance Lessee represents,covenants and warrants as of the date hared and policies and regulations relating to the possesvion,use,operation Or ad all tallies during the Lease Term that:(Q Lessee is a state or a fully maintenance of the EquornwX lessee,at its expense,will keep the constituted political subdivision thereof,or its obligations hereunder Equipment In good working order and repak and furnish all parts, constitute obligations issued on behalf of a state or a poldicat subdi il- mechanisms and devices requirO therefor. sion thereof, such that any Interest caned under tits lease wig qualify for exemption from Fed"income taxes under section 109 of 10, ALTEAATKW&Lesmee will not make any alterations,additions the Internal Revenue Code of 1986, as amended (the-Code7, and or inpoysments to the Equorrient without LGSWS prior written that It will do or cause to be done an things necessary 10 preserve consent uniess such afteratiions,adddlons or tmproventents may be and keep in full force and effect(a) its existence and (b)this Lease; readay removed without damage to the Equipment, (t) the execution, delivery and performance by the Losses of this Lease and all documents executed in connection herewith,Including, 11. LOCATION;WSPECI loll.The Equipment wig not be removed without fimltatlon, Schedule A hereto and the Delivery and Accep- from or,It the Equipment consists of rolling stock,its permanent base WOO Certificate referred to in Section 3 hereof(the Lease together will not be changed from the Equiprnent Location Without Lossoes with all such documents shag be collectively referred to heroin as the prix written consent which will riot be unreasonably withheld. Lessor 'Lease Docurnents') have been duly authorized by all necessary will be entitled to enter upon the Equipment Location Or elsewhere �action on the part of the Lessee; @Q the Lease Documents each during reasonable business hours to inspect the Equipment or oonstiute a legal,valid and binding obrrgation of the Losses enforce- observe its use and operation. able In accordance with their respective terms;(N)no governmental orders, peat ssiors, consents, approvals or authorizations are 12 DENS AND TAXE&Less":shall keep the Equipment free and required to be obtained and no registrations or aodar aborts are Clear of all levies, liens aid encumbrances except those created required to be filed in connection-with the execution and delivery of under this Lease. Lessee shag pay.when due,all charges and taxes the Lease Documents; (v) Lessee has sufficient appropriations or (local, state and federal) which may now or hereafter be Irposed other funds available to pay all Lease Payments and other arnounts upon the ownership, leasing, rental, sate, purchase, possession or due hereunder for the current fiscal period; (vi)the use of the Equip- use d the Equipment,excluding however,ail taxes on or rmeaSuMd mem by Lessee is essential to and will-be fin Aed to the pedomance by Lessor's income, If Lessee fails to parry said charges, or taxes by Lessee of one or more governmental functions of gasses consis- when due,Lessor may,but need not,pay said charges or taxes and, tent with the permissible scope of Lessee's authority;(vii)no portion In such event. Lessee shall reimburse Lessor therefor on demand, of the Equipment will be used directly or•indirectly in any trade or with interest at rhe maximum rate pee ttied by law from the date of business carried on by any person other than Lessee;and (va'? no such payment by Lessor to the date of relmbursemeM by lessee. portion of the Equipment will be used by an organization described In section 601 (c) (3) of the Code and (fol) this tease does not 13. RISK OF LASS;DAMAGE,DESTRUCTION.Lessee assumes constitute an arbitrage obligation within the meaning of section 148 of all tisk of toss of or damage to the Equipment from any cause the Code and is not federally guaranteed within the meaning of whatsoever,and no such loss of or damage to the Equlpmemt nor . section 149(b)of the Code. Lessee shrag deliverto lessoratn opinion detect therein nor unfitness or obsolescence thereof Shap relieve of Lessee's counsel in form and substance as set forth In the form of Lessee d Qte obaga tion to make Lease Paymerts or to perform any opinion of counsel attached hereto or otherwise acceptable to other obligation under this Lease. in the event of damage to any Rem Lessor, dated the date of acoeptance of the Equipment pursuant to of Equipment,Lessee wig immediately place the name In good repair 5eatiom 3 hereof. in the event Out a question arises as to lessee's with the proceeds of any Insurance recovery applied to the cost of qualification as a political subdivision, Lessee agrees to execute a such repair. if Lessor detemnkw*that any nem of Equipment Is Ivst, power of attorney authorizing Lessor to make application to the stolen,destroyed or damaged Beyond repair,Lessee,at the option of internal Revenue Service for a letter ruling with respect to the Issue. Lessor,will either(a)replace the same with tike equipment in good repair, or (b) on the next Lease Paymertt Date, pay Lessor: (? all & TITLE TSD EQUIPMENT;SECUR[TY INTEREST, Upon accep- amounts then owed by Lessee to Lessor under this Lease,including tance of the Equornent by Lessee hereunder,We to the Equipment the Lease Payment due on such date,and M an amount equal to the will vast In Lessee subject to Lessor's righfs under this Lease; ap*Alt le ComCluduV Pmyrmetrt set forth in Schedule A Opposite provided, however,that 0 in the event of termhatiorf of this Lhasa such Lea98 PWMOil Date. In time Semi that Less"is obligated to �umuamt to Section 6 hereof, (IQ upon the occurrence of an Event of make such payment pursuant to subpafagraph (b) above WMI a.orme«lits• WW$Otft"dw.mW NOT w uwd wVll cit ' y6 13: 4q FROM COML LNDG-NUNIC1PAL#2 PA6E . 006 rasped to less than all of the Equipment,Lessor will provide Lessee such assignments in writing If so requested. lessee shalt retain all with the pro rata amount of the Lease Payment and the Concluding notices of assignment and maintain a book-entry record(as referred Payment to be made by Lessee with respect to the Equipment which to in Section 21)which identifies each owner of Lessor's Interest in has suffered the event of loss. the Lease. Upon Lessee's M04M Of written notice of Lessor's assignment of al or any part of its Interest in the tease, Losses 14. PERSONAL PROPERTY. The Equipment is and will remain agrees to attom to and recognize any sucinn assignee as the ownerof persona]property and will not be deemed to be affixed or attached to Lassoes interest in this Lease,and Lessee shall thereaftet make such . real estate or any building thereon. If requested by Lessor, Lessee payments, inClud ng without limitation such Lease Payments,as are will, at Lessee's expense, furnish a waiver of any interest In the indicated in the notice of tsslgnment,to such assignee. Equipment from any party hating an interest in any such real estate or building. 18. EVENT OF DEFAULT. The term 'Evers of Default,' as used hereln, means time occurrence of any one or more of the following 15. -INSURANCE-Lessee,will,at Its expense,maintain at all times events; () Lasses faft 10 make arty Lease Payment (or any other du(rg the tease Term, fire and extended coverage, public Witty payment) as it becomes due in accordance with the tom of this and property damage insurance with respect to the Equipment in Lease,and any such failure continues for ten(10)days after the due such amounts, covering such risks, and with such insurers as shall dale thereat; (ii)Less"fails to perform or observe any other came- be satisfactory to Lessor,or,with Lessor's prior written consent,may nark cvncf<OI, or agreement to be petformed or observed by R seif4nsure against any or ail such risks. In no event will the Insur- hereunder and such failure is not oared within twenty(20)days after ance limits be less than the amount of the then applicable OonCfud- written notice thereof by Lessor;(rlr)the discovery by Lessor that arty Ing Payment with respect to such Equipment. Each insurance policy statement,representation.Or warranty made by Lessee In this Lease will name Lessee as an Insured and Lessor or Its assigns as an or in any writing ever delivered by Losse¢ pursuant hereto Or In addf longi insured, and will corntaln a clause requiring the insurer to connoCtion herewith was false, misleading, or WOne0u8 In any give Lessor or its assigns at least thirty(30}days prior written notice material respect; (rv)Lessee becomes kw*ont,or is unable to pay of any alteration In the terms of such policy or the cancellalion lts debts as they become due, or makes an assrgnmerrt for the thereof. The proceeds of any such policies will be payable to Lessee benefit of Cred'tom. applies or consort to the app Of a and Lessor or its assigns as their Interests may appear. Upon receiver,tivstee,conservator or liquida for of Lessee or of any of its acceptance of the Equipment and upon each insurance renewal date, assets,or a peWon for relief is flied by Lasses unit any bankruptcy. Lessee-wilt deliver to Lessor a c wtificata evidencing such Insurance_ InsoNw y. reorganization or similar.laws, or a petition in.,or a In the event that Lessee has been permitted to self-insure.Lasses will proceeding under, any bankruptcy, Insolveivymorganlzatkm or furnish Lessor with a letter or certificate to such effect. In the event similar laws is filed or hhstituted against Lessee sand Is not dismissed of any loss, darnage, injury or accident involving the Equipment. or fully stayed within twenty(20? days atter the filing or k"OtutiOnl Lessee wig promptly provide Lessor wlih written nodcce thereof and thereof; (v) Lessee fans to make arty payment when due or fads to make available to Lessor all Irtorrtiation and documentation rotating perform or observe any Covenant, condition, or agreement to be thereto and shay permit Lessor to participate and cooperate with performed by It under any Other agreement or oMation with Lessor Lessee in making any claim for insurance In respect thereof. or an aff hate of Lessor and any applicable grace period Or notice with respect thereto shall haus elapsed or been given; or (vt) an 16. WDEMNWATiON. Lessee shall indemnify Lessor against, attachment,levy or execution Is threatened or mauled upon or against and hold Lessor harmless from,any and all claims,actions.proceed- the Equipment. ings,•expenses, damages or aatAtiss, including attometr's fees and court costs,arising in connection with the Equipment,Including,but 19 SES.Upon the occurrence of an Event of Default,and not limited to, its selection, purchase, delivery, frWARafiM posses- as long as such Event of Default is tontinu(ng, Lee= may. at its sim, use, operation, rejection, or return and the recovery of claims option, exercise any one or more of the following remedies: (r) by Under Insurance policies thereon. The Indemnification provided written notice to Lessee,declare an amount equal to aft amounts then under this Section shall continue in full torte and effect n0tw0 stared- due under the Lease,and all remaining Lease Payments due during Ing the full payment of all obligations under this Lease or the tormina- the fiscal year of Lessee iii which the default occurs to be knmediate- iton of the Lease Term for arty(assort. ly due and payable.whereupon the same shall boo"immediately due and payable; (i) by wr`ffen notice to Lessee.request Lessee to 17. ASSIGNMENT Without Lessor's prior written cortserrt,Lessee (and Lessee agrees that it will),at lessee's expense,promptly retum will not efther () assign, transfer, pledge. hypothecate. grant any the Equipment to Lessor in the manner set forth in Section 5 hereof, security interest In or otherwise dispose of this Lease or the Equip- or Lessor, at its option, may otter upon the premises where the mint or any interest in this Lease or the Equipment or(1)sublet or Equipment is located and take Immediate ppsSOSSIOn of and remove land the Equipment or pemhtt it to be used by anyone other than tete same; @a) sell or lease the Equipment or sublease A for the Lessee or Lessee's employees. Lessor may assign its rights, title acrroux>t of Lessee,holding Losses g+abie for all Leo"Payments and and interest in and to this Lease,the Equipment and arty documents other payments due to the oftc&e date of such sling,teasing or. executed with respect to this Lease and/or grantor assign a security subleasing and for the 011srence between the purchase priCe.rental interest in this Lease and the Equipment, in whole or in part, and and other amour paid by the purdww, lessee or sublessee Lessee's rights wig be subordinated thereto. Any such assignees pursuant to such sate.lease or subleaav"the amounts otherwise shall have ail of the rights of Lessor under this Lease subject to the payable by Loss" hereunder; and (N) exercise any other right, foregoing,this Mase inures to the benefit of and is binding upon the remedy or privilege which may be available to k under applkalle suxessom and assigns of the parties hereto. Lessee 00VOnants and laws of the state where the Equipment is then located or any other agrees not to assert against the asslgnbe any claims or defenses by applicable law or proceed by appropriate court action to enforce the way of abatement,setoff,counterdaim,recoupment or the like which terms of this Lease or to recover damages for the breach of this Lessee may have against Lessor. Upon assignment of Lessor's Laass or to rescind this Lease as to any or all of the Equipment. In interests herein,Lessor will cause written notice of such assignment addlion,Lessee wilt remain liable for aft covenants and khden WW to be sent to Lessee which will be sufficient If it discloses the name under this Lease and for aft legal fees and other costs and expenses, of the assignee and address to which further payments hereunder including court casts,incurred by Lessor with respect to the enforce- should be made. No further adion wiu be requiM by Les9a Or by meat of any of the mined" listed above or WV ether remedy Lessee to evidence the assignment, but Lessee will acknowledge available to Lessor. 8@0"low 1005- PwAaw.dam"NUT be vwd 000120, 7 ,, 20. PURCHASE OPTMN.Upon thirty(30)days prior written notice V NOTi(FS.Ail notices to be given under this Lease shall be from Lessee to Lessor,and provided that there is no Event of Default, made in writing and mailed by certified mail,return receipt requested, or'an event which with notice or lapse of time,or both,could become to the other party at its address set forth herein or at such address as an Event of Default, than existing, Lessee will have the right to the party may provide in writing from time to time. Any such notice purchase the Equipment on any lease Payment date set forth In shah be deemed to have been received We days subsequent to Schedule A hereto by paying to Lessor, on such date, the Lease mailing. �ayment then due together wtth the Concluding Payment amount set rth In Schedule A opposae such date. Upon satisfaction by LE►ssee 23, SECTION HEAD94GS.All section headings contained herein or such pux>rhase conditions, Lessor wall transfer any and all of Its are for the convenience of reference only and are not intended to fight, title and Interest in the Equipment to Lessee as I% without define or limit the scope of any provision of this Lease- warranty, express or Implied, except Lessor will warrant that the Equipment is free and clear of any Ilan created by Lessor. 24. GOVERNM LAW. This I;""shell be construed In accor- dance with,and governed by,the laws of the state of the Equipment 21. TAX ASSUMPTION; COVENANT& The parties assume that Location. Lessor can exclude from Federal gross income the interest portion of eaM Lease Payment set forth in Schedule A under the column 25. DgNERy c)F F43ATED DOCUMENTS.Lessee will execute or captioned"Interest Portion.' provide,as requested by Lessor,such outer documents and informa- Lessee covenants that it wit n register this Lease and irarWsis tion as are reasonably necessary with reaped to the transaction thereof In accordance with section 149(a) of the Code and the contemplated by this Lease regulations thereunder, (t)timely file a statement with respect to this Lease in the required form In accordance with section 149(e) of the 2S. ENTIRE AGREEW T: WANM The Lease Documents Code, (iii? not permit the property faharaced by Oft Lease to be constitute the er&e agrooment between the parties with respect to directly or Indirectly used for a private business use within the mean- the lease of the Ecluipment, and this Lease shall not be MOdgled, Ing of section 141 of the Code,Cry)not take any action which results, amended, altered, or Changed except with the written consent of directly or indirectly,In the Interest portion of any Lease Payment not Lessee and Lessor Any provision of this Lease found 10 be proNb4- being excludable from Federal grass Inoonte pursuant to section 103 ed by law shah be ineffecxhre to the extent of such prohibition without of the Code and will take any reasonable action necessary to prevent invalidating the remainder of this lease. The waiver by Lessor of any such result, and (v) not take any action which results in this Lease breach by Lessee of any tent covenant or corKWM hereof shag not becoming,and will take any reasonable action to prevent this lease operate as a waiver of any subsequent breach thereot. from becoming (a) an arbitrage obligation within the meaning of section 148 of the Code or(b)federally guaranteed within the mean- ing of section 149 of the Code. NoNvithstanding Ow earlier terinhina- tion or expiration of this Lease, the obligations provided for in this Section 21 shag survive such earlier termination or expiration. • IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of 19`. Lessee: SAMPLE DOCUMENTS ONLY Lessor Ford Motor Credit Goa parry BY: By: B.C. 8lehkis Title: Title: Supervisor,Municipal Financing OPINION OF COUNSEL With respect to that certain Equipment Lease-Pine Agreement ('Lease] dated . 18_try and between Lessor and Less",i am of the opinion that: n interest paid by Lessee to Lessor pter'svant to the Lease wil be exempt ftom tax under Section 103(a)of the Internal Revenue Code of 19%.as amended; (i)the execution, delivery and perfom>anC9 by Lessee Of the Lease have been duly authorized by all necessary action on the part of Lessee;f a)the Lease constitutes a legal,valid and binding obligation of Lessee enforceable In accordance with its terms;(v)the Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state win govern the method of perfecting Lessor's security Interest in the Equipment; (v)two are no suns,prooeedlngs or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity,or before or by any governmental or administrative agency or Instrumentality which,if adversely determined,would have a material adverse effect on the transaction contemplated in the Cease or the ability of Lessee to perform Its obligations under the Lease and Lessee is not in defaurt under any material obligation for the payment Of borrowed money,for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or 0 the aggregate would have the same such effect; and (v) ag required public bidding procedures fegardinQ the award of the Lease have been followed by Lessee and no gowrnmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Lease. Attorney for Lessee sePwn6«1 W• PNOWA V*JWW*W Won be wed avv cW I db t Ij- 01 r KUt't l.V1'1L LNll6-11UN 1 C I NHLPic rH at eu� AMENDMENT The certain Equipment Lease-purchase Agreement by and between Ford Motor Credit Company ("Lessor') and ("Lessee"), dated as of (the "Lease") is hereby amended as follows: A. Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue,tax-exempt obligations (including this Agreement) in the amount of more than$10,000,000 during the current calendar year; hereby designates this Agreement as a "qualified tax- exempt obligation"within the meaning of Section 265(b)(3y of the Internal Revenue Code of 1988, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than$10,000,000 of their abligations as"qualified tax-exempt obligations"during the current calendar year. B. The parties assume and intend that this Agreement will quality as a"qualified tax-exempt obligation"within the meaning of Section 265(b)(3)(8) of the Code. In the event that Lessor, its assignees or sub-assignees either (i) receive notice from the Internal Revenue Service; or (l) reasonably determines. based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not unreasonably withhold; that the otherwise applicable exception set forth in Section 265(b)(3) of the Code is not available, then Lessee shall pay Lessor, its assignees or sub-assignees, as the case may be, within thirty (30) days after receiving notice from Lessor of such determination, the amount which, with respect to rental payments previously paid, will restore the after-tax yield on the transaction evidenced by this Agreement to that which would have been had such exception been available, and pay as additional rent on succeeding rent payment due dates such amount as will maintain such after-tax yield. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the pies have executed this Amendment as of the day of , 19_ LESSEE: LESSOR: Ford Motor Credit Company By: By: B. C. Bieiskis Title: Tejo: Supervisor, Municipal Financing IAUV 2O ' 96 13: 52 FROM COML LNDG-MUNIC1PAL#2 Pane t SCHEDULE -EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. This Equipment Schedule dated as of . is being executed by Ford Motor Credit Company ("Lessor"), and ("Lessee"), as a supplement to, and is hereby attached to and grade a part of that certain Equipment Lease-Purchase Agreement dated as of CLease"), between Lessor and Lessee. Lessor hereby leases to Losses under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below,and following items of Equipment: i QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER SAMPLE DOCUMENTS ONLY E r 1r EQUIPMENT LOCATION: l k. ' t Initial Term: Months Commencement Date: Periodic Rent: Consecutive Payments of$ each (including interest), foi- lowed by one final payment of$ due under this Lease-Purchase Agreement. The Periodic Rent Payment also include any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule A, Page 2. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: l=ord Motor Credit Company By. By. r Title: True: G i o0olzo, z IVVV Gw ' fib 1..3. JG f KVIA l.Vll� GIYLU-IIU(V 11,1F'HLHG " `'' LESSOR: FORD MOTOR CREW COMPANY P. O. Box 1739 Dearbom, Ml 481 21-1 739 DELIVERY AND ACCEPTANCECERTIFICATE i The undersigned Lessee hereby acknowledges receipt of the Equipment described below("Equipment")as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Equipment Lease-Purchase Agreement("Lease") executed by Lessee and Lessor. LEASE DATE LEASE SCHEDULE A DELNERY PURCHASE PURCK43E NUMBER DATE NUMBER DATE ORDER NO. EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER SAMPLE DOCUMENTS ONLY LESSEE: BY (Title) DATE ACCEPTED: i ** TOTAL PAGE . 010 ** 000120, 7U M E M O R A N D U M • TO: Acting Chief Watton FROM: SST Harthoorn DATE: 12/3/96 SUBJECT: Veh. Usage: Nov. 1996 UNIT ENDING MILES GALLONS OIL MILES PER NUMBER MILEAGE DRIVEN USED USED GALLON #931 91437 2991 250.2 0 12.0 #2 108005 22,8 12.2 0 18.7 #933 90304 2638 205.2 0 12.9 -' #934 81037 2698 225.1 0 12.0 #116 86108 175 15 0 11.7 #4207 63230 1456 60.1 0 24.2 #939 104347 2242 190.8 0 11.8 #5110 64150 410 22 0 18.6 #9311 67324 1295 112.7 0 11.5 #1112 88698 223 31.9 0 7_0 #8513 17482 439 15.1 0 29.1 #10814 143187 197 15.2 0 13.0 #11915 134780 465 21.5 0 21.6 #8516 30469 1870 154.4 0 12. 1 #12917 107224 158 7.6 0 20.8 #2818 99348 140 9.7 0 14.4 #9320 105468 2114 160.1 0 13.2 TOTALS: 19739 1508.8 0 13.1 NOTES: SIX OF THE UNITS HAVE IN EXCESS OF ONE HUNDRED THOUSAND MILES. TWO OF THOSE ARE MARKED UNITS. en Harthoorn Support Services Tecnician • 000120, CITY OF ATASCADERO VEHICLE LISTING POLICE DEPARTMENT APRIL 1996 UNIT # VIN # LIC # YEAR/MAKEICOLOR REGS 931 2FACP71W9PX196509 E299162 193/FORD/B&W 2 1MEBP8937FG614882 1NVV734 185/MERC/BLUE 1/97 933 2FACP71W5PX196510 E299161 '93/FORD/B&W 934 2FACP71W7PX196511 E299160 '93/FORD/B&W #5 VACANT 116 2FACP72G7MX127499 E090171 '91/FORD/B&W 4207 FACP5046NA197384 3ERK708 '92/FORD/BLACK 1/97 118 2FACP72G7MX173541 E090172 '91/FORD/B&W 939 2FACP71W9PX196512 E299159 '93/FORD/B&W . 5110 1FACP52U3MG107018 2VXF216 '91/FORD/WHITE 5/97 9311 2FACP71W9PX196513 E299158 '93/FORD/B&W 1112 2FACP72G7MX127501 E090173 '91/FORD/B&W 8513 2FALP71W35X191900 3MAGO89 '95/FORD/SILVER 9/96 10814 lGlBL5164JR204760 E074319 '88/CHEV/WHITE/RSVP 11915 lGlBL517KR210470 E492985 '89/CHEV/BLUE 8516 2FALP71W75X174985 E021214 '95/FORD/B&W 12917 1FA8P54Y4KA294427 2RYK172 '89/FORD/RED 3/97 2818 IJCMR7713JJ243332 E206756 '88/JEEP/B&W 5319 A55LO51794 E133538 '55/CHEV/DARE 9320 2FACP71W2PX196514 E299157 '93/FORD/B&W 4522 1GBKP32M6B3304171 E746298 '81/CHEV/BUS 000120.Z7 DOWNTOWN FORD SALES 525 N 16TH STREET SACRAMENTO, CALIFORNIA 95814 916-442-6931 FAX:916-442-0805 CONTRACT NO 1-97-23-14 SPECIFICATION NO.2310-61F-03 November 11, 1996 TO: Police Chief, Sheriff,Fire Chief and Purchasing Manager SUBJECT: 1997 State of California CHP Police Car Contract We are proud to say that we were once again successful in our bid to furnish the California Highway Patrol and local law enforcement agencies full size Crown Victoria Police Cars. This marks the seventh time we have won this award and we can boast that during those years we have delivered more than 12,000 Police Cars throughout the State of California. As in prior years this award has a"piggy back"provision which allows other cities, counties and various other agencies to purchase through this contract thus eliminating the costly individual bid process. To utilize this cooperative program please contact Ms. Carol McCollum at 916-327-5573 or FAX 916-3234609. As of today a manufacturer's cut-off date has not been established, we will advise you 30 days prior to order cut-off. Delivery of ordered vehicles will be approximately 120 days ARO. if you have a need for vehicles immediately we currently have some in stock. The following pages outline the standard and optional equipment available on these vehicles. If you have questions regarding this contract, do not hesitate to call us. Your lice Car Experts! Dave Forbess and Mary Young 000120, ;?1 STATE OF CALIFORNIA CONTRACT#1-97-23-14 CHP SPECIFICATIONS 1997 FORD CROWN VICTORIA POLICE INTERCEPTOR STANDARD EQUIPMENT Air Conditioning Windshield Wipers-Interval Alternator-130AMP Full Wheel Covers Antenna,Radio-Hidden in rear window defroster 84Amp-Hr Extra Heavy Duty Battery Battery-Maintenance Free 84 Amp Heavy-Duty suspension-heavy-duty front and Battery Saver rear springs,shock absorbers and stabilizer bars Body Frame Construction Heavy-Duty Frame Brake Shift Interlock Heavy-Duty(130 AMP)Alternator Child Safety Latches on Rear Door Police Accessory Feed Wires(One ignition/One Coolant Recovery System direct) Decklid Latch-Theft Resistant HD U-Joints and Driveshaft Decklid-Remote Release Dual Exhaust Defroster,Rear Window Engine Oil Cooler Disc Brakes-Power 4-wheel Transmission Oil Cooler Driver Footrest-Under Carpet Power Steering Oil Cooler Engine-4.6L overhead cam,SEFI V8 0-140 MPH Speedometer Engine Oil Cooler P225/70VR15"All Season"BSW Tires- Exhaust System-Stainless steel,dual Conventional Spare Tire Front Stabilizer Bar 3.27 Rear Axle Ratio w/non-locker axle Front Suspension-Coil spring Remote Decklid Release Fuel Filler Cap-Tethered 3-1/2"Aluminum Driveshaft Fuel Tank-20 Gallon Unique calibration w/increased idle speed Glass-Solar-tinted,full Extra cooling(Police level) Headlamps-On Reminder Chime Lower radiator air dam Hood Assists-Gas cylinder Courtesy Lamp wiring Horn-Dual note Convention Headliner without grab handles Ignition System-Distributor-less High Intensity Map Light Jack-Scissors Engine Compartment bight Parking Brake-Single stroke Front Cloth Bucket Seats Parking Brake Release-Automatic with manual Single Key Locking emergency override Floor Covering-Carpet Plastic Head Ignition Key-Primary only Anti-Lock Brakes Police Equipment Group Power Driver Seat Power Steering-Speed sensitive variable assist Power Door Locks Rear Stabilizer Bar Radio Suppression Rear Suspension-4 bar link coil spring Spotlight Prep Kit Shock Absorbers-Nitrogen pressurized Black and White CHP Pattern-(Two Front Doors Spare Tire and Wheel, Conventional White and Roof White,Balance of Car Black) Speedometer-140 mph certified calibration Tires-P225/70VRx15-All Season BSW 3 Years/85,000 Mile Powertrain Extended Transmission-Electronically controlled automatic Warranty-0 Deductible overdrive w/OD lockout Upper Ball Joints-Low friction,lube for life Price: $21,219.00 Viscous Fan Voltage Regulator-Electronic Wheel Rims-Heavy duty(15 x 6 1/2) Windows-Power Windshield Washers-Dual-jet fluid Page 2 000120, E TFDOWNTOWN FORD SALES 525 N 16TH STREET SACRAMENTO,CALIFORNIA 95814 916442-6931 FAX:91642-0805 1997 FORD CROWN VICTORIA POLICE INTERCEPTOR BASE PRICE..................................... 21,219.00 WHITE EXTERIOR 73.00 BLUE CLOTH BUCKET SEATS N/C VINYL REAR SEATS 179.00 SPEED CONTROL 227.00 HEAVY DUTY FLOOR COVERING 44.00 ALL UNITS KEYED ALIKE 97.00 SILICONE HOSES 212.00 DUAL SPOTLIGHTS 472.00 AUXILIARY FUSE BOX 56.00 ROOF REINFORCEMENT 98.00 ROOF WIRING 88.00 AM/FM STEREO 289.00 DOCKING GAS CAP 49.00 AVY DUTY UNDERSEAL 179.00 TOTAL $23,282.00 PLUS APPLICABLE SALES TAX AND DELIVERY WE CURRENTLY HAVE 20 OF THE ABOVE UNITS IN STOCK AND READY FOR IMMEDIATE DELIV- ERY. IF YOU HAVE ANY QUESTIONS,YOU CAN CALL DAVE OR MARY AT 916-442-6931 OR FAX US AT 916- 442-0805. P.S. WE STILL HAVE 2 1996 CHIEF'S CARS . ONE IN RED AND ONE IN GREEN. $20,973.00 PLUS APPLI- CABLE SALES TAX AND DELIVERY. 000120. 3ei 1997 FORD CROWN VICTORIA POLICE INTERCEPTOR OPTION LIST Page 3 DESCRIPTION PRICE California Emission Equipment Not Availabl Speed Control 227.00 Anti-Spin Differential-(NIA with Anti Lock Brakes or CNG) 93.50 Power Door Locks Included HD Black Rubber Floor Covering 44.00 Locking Gas Cap-(Dealer Installed) 49.00 Universal Keys-(All Units in Fleet Keyed Alike)(Previous Year Key Codes No Longer Available) 97.00 Eliminate Low Gear Lockout Not Available MANUALS Flat Rate Manual 169.00 Parts Manual 169.00 Service Manual 169.00 PAINT Monotone Factory Standard Color 73.00 Non-Factory Color 450.00 Factory Fleet Color 346.00 One Color Factory Standard/One Color Factory Non-Standard(CHP Pattern) 586.00 Both Colors Factory Non-Standard 550. Both Colors Factory Standard 586.00 Two Rear Doors CHP White 194.00 RADIOS AM/FM Stereo, Installed 289.00 AM/FM Stereo Cassette,Installed 365.00 Radio Closure Plate 33.00 SEATS Bench,Full,HD Cloth&Vinyl,Includes Power Not Available Bench,Full,HD Vinyl,Includes Power Not Available *Bench, Split,HD Cloth&Vinyl,Includes Power-Not Recommended With Police Equipment No Charge *Bench, Split HD Vinyl,Includes Power-Not Recommended With Police Equipment No Charge Bucket,HD Vinyl,Includes Power Not Available HD, Vinyl Rear Seat 169.00 Compressed Natural Gas Engine 6,034.00 Speedometer,Electric,Digital Readout Not Availabl Dealer Installed Undercoating 179.00 Power Windows Inclu Wire, Single Pull to Roof For Lights 88. 000120, �,' _ 1997 FORD CROWN VICTORIA POLICE INTERCEPTOR OPTION LIST Page 4 DESCRIPTION PRICE Roof Reinforcement 98.00 Hoses, Silicone for Water System with Aircraft Clamps-(Not Available with CNG Engine) 212.00 Spotlights,Left&Right,Clear Chrome,Post-Mounted,Installed(Unity Model 225) 472.00 Spotlamp-Right Hand Pillar Mounted 236.00 Spotlamp-Left Hand Pillar Mounted 236.00 Power Door Locks Operational By Driver and Passenger(Rear Door Handles Inoperative) 18.00 Power Windows Operational by Driver Only 18.00 Power Windows Operational by Driver and Front Passenger Only-(Not Operational from Rear Seats) 18.00 Front Door Moldings-Installed 15.00 Power Door Locks Operational by Driver Only-Rear Door Handles Remain Operational 18.00 Power Door Locks Operational by Driver Only-Rear Door Handles Remain Inoperative 18.00 Wiring-Horn/Siren Wiring for Customer Connection of Grille Lamp,Siren and Speakers 48.00 Wiring Accessory-Auxiliary Fuse Block 56.00 Goodyear WSW Police P225/70R 15 100 V Tires 95.00 Setina Push Bar 12"(Installed) 289.00 Setina Push Bar 16"(Installed) 299.00 t.na Partitions(Includes Lower Extension Panels-Installed) -S Window Folds Down/Great for Unmarked Cars-Installed 529.00 6-S Full Stationary Window-Installed 489.00 7-S Stationary Vinyl Coated Expanded Metal-Installed 449.00 8-S Half Expanded Metal/Half Lexan-Installed 499.00 9-S Spring Loaded Self Lifting Center Window-Installed 549.00 10-S Window Slides Open Horizontally-Installed 523.00 Wig Wags-Installed 72.00 Pro-Straint Rear Seat-Installed 399.00 DELETIONS AND CREDITS Delete Extended Warranty-3Years/85,000 Miles Powertrain(3 Years/36,000Miles Bumper to Bumper-Std) -1115.00 Delete Anti-Lock Brakes -536.40 Delete Power Driver Seat -288.00 Spotlight Prep Credit-(Smooth A Pillars) -58.00 Delete Tilt Steering Wheel Not Available Delete Power Windows Not Available Other Aftermarket Police Equipment Available Upon Request REPORT TO CITY COUNCIL AGENDA ITEM: C-3 CITY OF ATASCADERO DATE: 12/10/96 THROUGH: Andrew J. Takata, City Manager Arther Montandon, City Attorney FROM: Brady Cherry, Director 461 Department of Community Services SUBJECT: Scheduling date for a City Council workshop on the Dial-a-Ride Program. DISCUSSION: During discussions on the 1996-97 Budget, the City Council requested to have a special workshop on the Dial-a-Ride program. The workshop will include topic's such as funding sources (e.g. Federal TDA Funds,), funding restrictions, Fare Box policies and revenues, the Contract with the provider, and Dial-a-Ride operating policies and procedures. Staff is prepared to conduct a public workshop on the Dial-a-Ride program whenever the City Council would like to have the meeting. C:\WP51\CrFYCOUMDEC1096.2RT Oki 0 2.1 REPORT TO CITY COUNCIL Agenda Item: E-3 CITY OF ATASCADERO g Via: Andrew J. Takata, City Manager From: Marcia M. Torgerson, City Clerk Meeting Date: 12/10/96 SUBJECT: Building & Construction Board of Appeals Vacancy RECOMMENDATION: Authorize the City Clerk to advertise one (1) vacancy and recruit for a General Contractor member to the Board of Appeals. BACKGROUND: Due to his recent election to the City Council, Ken Lerno has resigned from the Board of Appeals. This creates a vacancy in one of the two General Contractor positions on the Board. Said term will expire in April, 1998. The remainder of the five-member Board consists of one Specialty Contractor, one Design Professional and one Member-at-Large. :ch