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HomeMy WebLinkAboutAgenda Packet 04/10/2001 a AGENDA Mi ® 1007-9 ATASCADERO CITY COUNCIL MEETING TUESDAY, APRIL 10, 2001 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1) Conference with labor negotiator(Govt. Code Sec. 54957.6) • Agency Negotiator: City Manager Employee organizations: Department Heads, Mid-Management/Professional, Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Assoc. REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Scalise ROLL CALL: Mayor Arrambide Mayor Pro Tem Scalise Council Member Clay Council Member Johnson Council Member Luna APPROVAL OF AGENDA: Roll Call . PRESENTATIONS: 1. Proclamation declaring April 4-8, 2001, "National Public Safety Telecommunicator's Week." COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda.) COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Minutes—March 27, 2001 ■ City Clerk recommendation: Council approve the City Council minutes of March 27, 2001 [City Clerk] • 2. City Treasurer's Reports—July 2000—February 2001 ■ City Treasurer recommendation: Council approve the City Treasurer's reports for the months of July 2000 through February 2001 [City Treasurer] 3. Revised Investment Policy ■ Fiscal Impact: None ■ City Treasurer recommendation: Council review and adopt the revised Investment Policy, including the annual statutory delegation of investment authority to the City Treasurer under Government Code Section 53607 [City Treasurer] 4. Equipment Rental Concessions Lease at Atascadero Lake Park—Amendment ■ Fiscal Impact: None ■ Staff recommendation: Council authorize the Mayor to sign an amendment to the Equipment Rental Concessions Lease at Atascadero Lake Park exempting the sale of kayaks from the reportable gross income to the City of Atascadero [Community Services] 5. Acceptance of Final Parcel Map 99009 / AT 99-056 — 7305 Balboa Road (Toft- Swolinsky) • Fiscal Impact: None ■ Staff recommendations: Council: 1. Accept the Final Parcel Map 99009/AT 99-056; and 2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final Parcel Map 99009 [Community Development] 2 6. Integrated Waste Management Authority (IWMA)—Memorandum of Agreement Fiscal Impact: None ■ Staff recommendation: Council authorize the Mayor to execute the Memorandum of • Agreement with the IWMA [Public Works] B. PUBLIC HEARINGS: 1. Eagle Creek Golf Course—Planned Development Amendment and 4-lot Tract Map, Zone Change 2000-0009, Master Plan of Development(CUP) 2000-0025, Tentative Tract Map 2000-0004 (13000 Atascadero/ Gearhart) ■ Fiscal Impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Planning Commission recommendations: Council: L Adopt the draft Resolution certifying proposed Mitigated Negative Declaration 2001-003; and 2. Introduce for first reading by title only, the draft Ordinance approving Zone Change.2000-0009; and 3. Adopt the draft Resolution approving Tentative Tract Map 2000-0004 subject to Conditions of Approval. [Community Development] C. MANAGEMENT REPORTS: None • E. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): Mayor Arrambide 1. - S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) 2. Water Committees 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Finance Committee 2. City/ Schools Committee 3. Economic Opportunity Commission (EOC) 4. Atascadero State Hospital Advisory Board Council Member Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. North County Homeless Coalition Council Member Johnson • 1. Economic Vitality Corporation, Board of Directors (EVC) 2. Local Agency Formation Commissions (LAFCO) Council Member Clay 1. Air Pollution Control District (APCD) 2. City/ Schools Committee F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer G. ADJOURNMENT: THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION SCHEDULED ON APRIL 24,2001, AT 7:00 P.M. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the • penalty of perjury that the foregoing agenda for the April 10, 2001 Regular Session of the Atascadero City Council was posted on April 5, 2001 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at that location. Signed this 5t" day of April, 2001 at Atascadero, California. Marcia McClure Torgerson, City Cl k City of Atascadero 4 City of Atascadero WELCOME TO THE A TASCADER 0 CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. 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 311) available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). • TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. "NATIONAL PUBLIC SAFETY TELECOMMUNICATOR'S WEEK" APRIL 8— 14, 2001 WHEREAS, the professional public safety dispatcher plays a vital role in the protection of human life and property and the preservation of law and order guaranteed by our Constitution; and, WHEREAS, the incidents of crime, alcohol and drug abuse, suicides, medical and fire emergencies, broken homes, and child and elderly abuse are a daily occurrence; and WHEREAS, the safety of our police officers, firefighters and the public is dependent upon the quality and accuracy of information obtained from citizens who telephone the Atascadero Police Department Communications Center; and WHEREAS, the professional public safety dispatcher is the vital link between the citizen or victim and the public safety provider who may apprehend a. criminal, save their worldly possessions from fire or theft, or save their life or the life of a loved one; and WHEREAS, the City_ of Atascadero is fortunate to have a wonderful group of dedicated and trained professional public safety dispatchers; and • WHEREAS, ,these professionals need and deserve the informed support of our community to continually maintain and improve the quality of public safety dispatching services; and WHEREAS, the United States Congress has set aside the second week in April to recognize telecommunicators and their crucial-role in the protection of life and property. NOW, THEREFORE, as Mayor of the City of Atascadero, I do hereby proclaim the week of April 8 - 14, 2001 as "NATIONAL PUBLIC SAFETY TELECOMMUNICATOR'S WEEK" in the City of Atascadero and wish to commend. the dedication and contribution of our professional public safety dispatchers to the overall delivery of public safety services. WITNESS THE OFFICIAL SEAL OF THE CITY OF ATASCADERO: ichael Arrambide,Mayor ` City of Atascadero, California April 10, 2001 001 Y ITEM NUMBER: A—1 DATE: 04/10/2001 _ 2A FE DRAFT MINUTES 1918 p 1919 8 s � o ATASCADERO CITY COUNCIL MEETING TUESDAY, MARCH 27, 2001 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. REGULAR SESSION, 7:00 P.M.: Mayor Arrambide called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Council Members Luna, Clay, Scalise and Mayor Arrambide Absent: Council Member Johnson Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Acting Community and Economic Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone and City Attorney Roy Hanley APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 4:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring April 2001, "Month of the Child" Mayor Arrambide presented the proclamation to Assistant City Manager Brady Cherry. CC 03/27/01 002 Pagel ITEM NUMBER: A—1 DATE: 04/10/2001 COMMUNITY FORUM: David Jones, 8220 Larga Ave., expressed his opposition of the re-zoning of his neighborhood to high density. He suggested the Council require staff to survey the property owners before making a change. Council Member Luna stated that Mr. Jones makes a good point. He asked that when the City sends out the next newsletter notifying the public of the next General Plan meeting, they include the three proposed maps. City Manager Wade McKinney explained the notification process staff has followed to this point. He assured the Council that the public would have multiple opportunities to give input on the General Plan update process. Mayor Arrambide closed the Community Forum. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay stated that he attended the Boy Scout seminar/rally, which featured a forum for city officials. He also commended the staff on their efforts to receive public input on the General Plan Update. Council Member Luna stated the Council received a letter from Atascadero Loaves and Fishes and the North County Woman's Shelter requesting the City spend more than the $10,000 currently being spent on the Community Services Grant. Council Member Luna would like staff to look into the possibility of at least doubling that amount. Additionally, he requested a letter be sent to the School District congratulating them on receiving over$160,000 in state bonus grants. Council Member Scalise announced that she participated in the ride-along program and was very impressed with the Atascadero Police Department. A. CONSENT CALENDAR: Roll Call 1. City Council Minutes—March 13, 2001 • City Clerk recommendation: Council approve the City Council minutes of March 13, 2001 [City Clerk] 2. Proposed Amendments to Atascadero Municipal Code Relating to the Regulation and Location of Adult Oriented Businesses ■ Fiscal Impact: None ■ City Attorney recommendation: Council adopt, on second reading by title only, the draft Ordinance adding Title 9 Chapter 16 to the Atascadero Municipal Code pertaining to zoning regulations applicable to adult oriented businesses and amending in full Title S, Chapter 10 of the Atascadero Municipal Code relating to the regulation of adult oriented businesses. [City Attorney] Council Member Luna requested Item #A-2 be pulled from the Consent Calendar to give the public an opportunity to speak on the item. CC 03/27/01 _ 003 Page 2 ITEM NUMBER: A—1 DATE: 04/10/2001 MOTION: By Council Member Luna and seconded by Council Member Clay to accept item A.I. on the Consent Calendar. Motion passed 4:0 by a roll-call vote. Item #A-2: Rusty Risch, 10518 Cuesta Court, thanked the Council and City staff for the time and effort put forth concerning the adult business in Atascadero. He stated the Coalition for Decency supports the City's efforts. MOTION: By Council Member Luna and seconded by Council Member Clay to adopt item A.2. on the Consent Calendar. Motion passed 4:0 by a roll-call vote. (Ordinance No. 380) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: None E. COMMITTEE REPORTS: Mayor Arrambide 1. County Mayor's Round Table: to be held this Friday, in Arroyo Grande. Topics on the agenda will include the Navy bombings of Hunter Liggett, LAFCO changes and utility conservation. Mayor Pro Tem Scalise 1. City / Schools Committee: Mayor Pro-Tem Scalise will be participating this Thursday and Friday with the Atascadero School District for a strategic planning session. Council Member Luna 1. Integrated Waste Management Authority (IWMA): Change in the Joint Powers Agreement will be heard sometime in the future regarding seating a new member on the Board from the Community Services District. F. INDIVIDUAL DETERMINATION AND/OR ACTION: None G. ADJOURNMENT: Mayor Arrambide adjourned the meeting at 7:25 p.m. to the Strategic Planning Workshop on April 7, 2001. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk CC 03/27/01 004 Page 3 ITEM NUMBER: A-2 DATE: 04/10/2001 oil p.a i j iaia City Treasurer's Agenda Report David G. Graham, EA City Treasurer's Reports RECOMMENDATION: City Treasurer recommends the City Council approve the City Treasurer's reports for the following periods: July 2000 August 2000 September 2000 October 2000 November 2000 December 2000 January 2001 February 2001 DISCUSSION: Upon recommendation of the Finance committee and several members of the public the format of the Treasurer's Report has been revised. The cover sheet for the report now contains the details of monthly treasury activity including purchases, sales, maturities, and adverse market conditions, such as credit downgrades, which may affect underling security values or increase market risk. An additional column has been added to the quarterly Investment reports which reflects "unrealized" gains or <losses> due to market wide interest rate fluctuations. It should be pointed out that neither the <losses>nor the gains will be "realized" unless the securities are sold prior to maturity; a practice discouraged though not prohibited in the City investment policy. Market conditions: Interest rates continue to decline with an inverted yield curve for maturities of less than 3 months. This indicates a market bias indicating a further decline in interest rates. One year Treasuries are currently yielding around 4%, a 250 basis point drop from a year ago. For the shr term, LAIF offers attractive yields, liquidity and safety, important characteristics in un- economic times. City Treasurer's Report July 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 558,916 Money Market Accounts 3,411 Certificates of Deposit 3,154,212 Government Securities 990,455 Corporate Paper 666,343 LAIF 8,520,031 Cash with Fiscal Agents 146,903 Cash in Banks at July 31,2000 $ 14,040,272 Deposits in Transit - Outstanding Checks (223,488) Cash and Investments at July 31, 2000 $ 13,816,784 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 07/05/00 U.S. Bank National CD $ 71,809.00 02/03/05 07/07/00 M&I Southern CD 95,000.00 07/07/04 07/10/00 Daimler Chrysler Corp Paper 190,570.00 04/02/01 07/12/00 Bank First, SD CD 94,487.64 12/11/00 07/12/00 Security Bank&Trust CD 94,900.55 06/29/01 07/17/00 LBS Bank-New York CD 74,000.00 03/28/01 07/17/00 Patriot Bank CD 97,992.83 03/12/01 Securities Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: 000 Page 1 of 9 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF JUL Y 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at July 1,2000 $ 802,597 $ 12,250,557 $ 146,217 $ 13,199,371 Receipts 1,604,551 120,135 686 1,725,372 Disbursements (884,471) (884,471) Transfers In 0 963,760 963,760 Transfers Out (963,760) - (963,760) Balance per Banks at July 31,2000 $ 558,916 $ 13,334,452 $ 146,903 14,040,271 Deposits in Transit Outstanding Checks (223,488) Adjusted Treasurer's Balance $ 13,816,784 007 Page 2 of 9 00 _ 0 0 o c� 0 0 0 0 0 0 M O O Cl V O O O O O M O M O O O N of O O O O O O O W W M M V V T M V V1 V V C, V N Q a y r- a V C, C1 01 D\ 01 00 D1 00 r— M O O 00 O O M O M .-. 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G C O cr n O n ,O _U Q t -14 cry Y o > a u O ¢ � u c c—"a +•� y m - a W o o e aCi H o M M N 6�j City of Ataseadero Investments by Type July 2000 Government Securities Certificates of Deposit 7% Corporate Paper 23% 5% Cash with Fiscal Agent 1% Other r LAIF 64% Investment July 2000 LAIF $ 8,520,031 Certificates of Deposit 3,154,212 Government Securities 990,455 Corporate Paper 666,343 Cash with Fiscal Agent 146,903 Other 3,411 $ 13,481,355 012 Page 7 of 9 City of Atascadero Investments by Maturity July 2000 One Month to One Year Within One Month 16% One to Five Years 2% 18% ism . rz On Demand 64% Investment July 2000 On Demand $ 8,523,442 Within One Month 289,000 One Month to One Year 2,187,884 One to Five Years 2,334,126 $ 13,334,452 013 Page 8 of 9 City of Atascadero Investments by Holding Company July 2000 Riverway Gibraltor Securities Trust Bank of Z% New York Penson Financial Corp l% City of 0 19/0 \ < Atascadero i 4td " c 1% yMM�3 f ; i ft State of California 65% Investment July 2000 State of California $ 8,520,031 Penson Financial Corp. 2,541,127 Gibraltor Securities 1,848,754 Riverway Trust 282,293 Bank of New York 141,082 City of Atascadero 148,068 $ 13,481,355 014 Page 9 of 9 City Treasurer's Report August 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 396,854 Money Market Accounts 3,427 Certificates of Deposit 2,964,405 Government Securities 990,455 Corporate Paper 666,343 LAIF 8,520,031 Cash with Fiscal Agents 287,101 Cash in Banks at August 31, 2000 $ 13,828,616 Deposits in Transit - Outstanding Checks (328,312) Cash and Investments at August 31, 2000 $ 13,500,304 Investment Activity Securities Purchased: None Securities Matured: Maturity Date Description Type Original Cost Amount Matured 08/03/00 Harris Savings Bank CD $ 95,000.00 $ 95,000.00 08/18/00 City National Bank CD 95,000.00 95,000.00 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Ola Page 1 of 9 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS A CTIVITY SUMMAR Y FOR THE MONTH OFAUGUST 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at August 1, 2000 $ 558,916 $ 13,334,451 $ 146,903 $ 14,040,270 Receipts 1,048,041 210 714 1,048,965 Disbursements (1,260,619) (1,260,619) Transfers In 190,000 - 139,484 329,484 Transfers Out (139,484) (190,000) (329,484) Balance per Banks at August 31, 2000 $ 396,854 $ 13,144,661 $ 287,101 13,828,616 Deposits in Transit Outstanding Checks (328,312) Adjusted Treasurer's Balance $ 13,500,304 016 Page 2 of 9 r- r- o o o 0 0 0 0 0 0 0 00 N O O O O O O O O O Ir C 7 O C Cl O O O O O O O O W W M M G\ M 7 Vl n Vl CT In V C G1 .� 00 C, fig G, C\ GT CT a\ 00 a1 C1 (� I V 00 64 Om O O 00 O O M O M M N O V O O oo O O Q, W w O V O V C1 O O ' O O n O O M C\ M V V1 N V C, h h Cl I` O N O, v O` c1 O, O, O\ rn CN oo O j Z Z c c I's cls r CD CD �n N O N Cl M N O V O O O Cl O Cl O O O O V O V O O O O O O O O O O ri CT M O v1 vi In CT O O, G, V N O C, Cl D, CT D, O a\ C, y o oo A o 0 0 I vi t- In O In 10 �o 10 �o In O E4 R o 0 0 0 0 0 0 0 0 0 0 O O O O O Qo O y \ V V• �O \J V'f Vr �O O v1 V1 (v O Q WM V d ao y � R R R11 R cC R R R R R R O c.� j + ti U 0 0 0 0 0 0 0 0 0 0 Zv v ani V ami aai a¢i a¢i v 4 0 0aj 0 0 0 0 0 0 R 0 0 h j L R R R cC m c0 is id R F V U U U U U U U cd U U v C C C C � U U U W oclcp 0 0 0 0 0 o rn o x � R o cl � 0 0 0 C. 0 o rn o V Q c oo lu W Y tl. Y C i R O Z R Y Ci U C G L C W F. A Q R O i rn R L� a °� R O a; o ., •o .o Yw `o a pc A 4 °j v°' cn •o U U U i �o °e a w M� p `g1 3 R C .` lu lu1 r V aJ avRi C p aR+ O L.Y K aj i--j u R k aL) ac, a s ¢ o o a c w � v� ¢ a raai UW m 44 w utu Uva we, oa �. 0 0 0 0 0 0 0 0 0 0 oc On cD — o 0 0 0 0 0 0 0 0 0 0 0 C) 00 0 C) 0 0 0 O O O O O M 00O C., O O O M O M O O O W W V N V' Vl n Vi o0 o0 In V G1 4y 4 C` G1 C, G1 C, cl V 00 7 C, C1 C1 O O O O O O O O O O O O O rte. O O O O O o0 O M O O O W w O v' O C� O O O M O O O O O V O In 7 C1 vl O W H M C1 V1 w) r- cl G" GN C\ ON N oo O\ N Cl a, C, � a � o a a O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 a o o o C, C, �, �.,� N N •- N W j 0 0 0 0 o a o a o 0 0 0 0 O In n O O O O vi O W oo r` N O v� r` N C o 0 0 o a o a a a o a o 0 I., 0 0 0 In o In o oo O O �O y c O `U iV Vr vi 'V O O V � N V o 0 0 0 0 o o C o 0 0 V o a a a a a o a' a' a' U a' a' a' u a' w w w w w w w w w w 4. Oaj U O O o O C O O o O o fr id C camtj ctl c Q O y cd c0 cd U U U U U V o El c C � U U U w '.: W W w y W W L W w- W aa) U v ami o v ami o a) C C V U U U U 0 U U 0 U U U cWr O Ocl O O G, O, ON ON O Cl W o o o o rn Go, rn o o rn c oll Ir N _N N _N - N Y z = V L W cl, oo Wzc, L ! R = R Q F M = U C x £ M = C3 i U s M 0.1 U R Q z U c ?? ee z R b o ee ai Q C v U N = v C7 O M 0.l r�J". M W O X W ai es i ea 44 v a R ro L 2 z �7 is eta o u o o ti lu U C. v' � Q v] v' U 02 k V z U Gz. C1 k U .° W `•1". 3 z cy o 0 0 0 0 0 0 0 0 0 0 0 0 h 00 N O 0 C M V d U' M N 00 N O NO N N O M N O N O O I ^ }v( I r` r` r` cl 'IT � r` r` 71 e Q O O O O O0 O 0 O O Cl O O o O o 0 0 oo v, 0 0 0 0 0 o O o 0 o O N 0 0 0 0 0 [r o 0 0 0 0 0 00 0 0 0 O o W W to In vn v; vi rn In In In �n vi c, In .� .7 C, c, GN 0 c, C, v v c, c, C� c, cl (� e N N o o 0 0 0 o O o 0 o Cl O O O O O O O O O O O O O vl Vl N V In C1 r- O In In vy n. H C1 C\ N N a C Q D C U h m m oo Q m m V1 m m m m m m oo vri O N N U �0. A 0 O O o 0 0 0 o O o 0 0 0 0 0 0 0 o O o 0 0 0 o O o W o 0 0 o O o C 0 0 0 0 0 0 vi vi vi v� vi G; Oo H vi vi C, vi D O\ C, CN ON O\ G� N N G1 Q N j A o 0 0 0 0 0 0 0 0 0 0 0 0 O vi O Ln W r- r n N r- b o N c tn 44 0 0 0 0 0 0 G o 0 0 0 0 a a a a a a c c a a in. a a V N U U N N U U N N V V V [y Q Q Q Q Q Q Cw Q Q Q Q Q 4. -0 W (L O O O f. ca s is mm s E E a m ro m m V V U U U U C E V U V V U ti C C t: > > C C C c c a� a, c c o o c au v v U U U U U U C7 0 U U U U U o o rn o o a a rn o Q h o o rn o o GN rn o rn o 0 O ►'� N M 'n kn l- oo 4 m c c_ p as Y R 3 O m C O c U p Y o W m l r c R eca R Z ct C C U .�� cca cY Ca `o R = 3 = o z W Ca U E Y U CC 3 = p fpr ° m m a cQ C C C M iii M p V O b m m iZ a� Q Z bA = CQcz oo = > 0 0 V v a g o� 3 v� ci e a` N u 3 i Er M M M M M M V V V V V 4 V1 W O O O O O OO O O O OIn en Ior- O O O O O N O O N N � Q N �, o r- r oo - 019 Q O O O O O O O 0 O O 3 O O O00 ^ N h O N 000 00 00 0000 M N N N N V L � U °N°_ L oo ' 00 n h h N N 7 �y M ti L O R Z a •r v3 � ami N • L R c�7m i3 U y E L V n It o LQ vA 00 ti U C 0 0 0 00oNo a �,.., U _C'i o t O M W N 0000 N T ' a N N N U C v� \ 3 A o o to Q o W 00 U Q U a C ,��•, 00 of v c R ca `✓' +4, C's y N L ci O U Q LU O Zt h O O U W' N h Te o cL - c c c E a Vtj '0 o N U U h a y a W Ca ¢ o W h Lo :: tz w f) CIS f) j h u U i U ti i s U cis U v R W _T tip c 4 � o C U <o In ti a. M U L U N a°. cl U d � Q R s = �- T ti W o e- v n h M R R y CRJ U i b � a o O Z!� � _ . � � 020 Q' N L U t=. �i Q U F City of Ataseadero Investments by Type August 2000 Certificates of Deposit Government Securities Corporate Paper 0 22% % 5% Cash with Fiscal Agent o Other ,�� i 0% LAIF 64% Investment August 2000 LAIF $ 8,520,031 Certificates of Deposit 2,964,405 Government Securities 990,455 Corporate Paper 666,343 Cash with Fiscal Agent 287,101 Other 3,427 $ 13,431,762 021 Page 7 of 9 City of Atascadero Investments by Maturity August 2000 One Month to One Year Within One Month 1690 One to Five Years 2% 18% On Demand 64% Investment August 2000 On Demand S 8,523,458 Within One Month 237,353 One Month to One Year 2,049,724 One to Five Years 2,334,126 S 13,144,661 022 Page 8 of 9 City of Atascadero Investments by Holding Company August 2000 Riverway Gibraltor Securities Trust Bank of 11% 2% New York Penson Financial Corp 1% y Cit of -w ��- Atascadero D Kk R State of California 65% Investment August 2000 State of California $ 8,520,031 Penson Financial Corp. 2,446,143 Gibraltor Securities 1,753,754 Riverway Trust 282,293 Bank of New York 281,280 City of Atascadero 148,261 $ 13,431,762 13144660 023 Page 9 of 9 City Treasurer's Report September 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 312,567 Money Market Accounts 3,444 Certificates of Deposit 2,863,683 Government Securities 1,162,305 Corporate Paper 666,343 LAIF 8,490,031 Cash with Fiscal Agents 146,109 Cash in Banks at September 30,2000 $ 13,644,482 Deposits in Transit - Outstanding Checks (309,692) Cash and Investments at September 30, 2000 $ 13,334,790 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 9/29/2000 F.N.M.A. Gov't Sec 171,850.00 2/12/2001 9/29/2000 Corus Bank CD 93,009.75 4/16/2002 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 9/17/2000 Prime Security Bank CD 94,913.00 100,000.00 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None 024 Page 1 of 9 CITY OF ATASCADERO TREASURER'S REPORT CASH c&INVESTMENTS A CTIVITYSUMMARY FOR THE MONTH OF SEPTEMBER 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at September 1, 2000 $ 396,854 $ 13,144,661 $ 287,101 $ 13,828,616 Receipts 855,925 198 904 857,027 Disbursements (899,265) (141,896) (1,041,161) Transfers In 463,913 504,860 - 968,773 Transfers Out (504,860) (463,913) (968,773) Balance per Banks at September 30, 2000 $ 312,567 $ 13,185,806 $ 146,109 13,644,482 Deposits in Transit Outstanding Checks (309,692) Adjusted Treasurer's Balance $ 13,334,790 025 Page 2 of 9 vl V' ^ O O O O O O O M O O O �O N O O O O O vl O v1 O O �O V O O O O O N O o0 O O W W V1 M M W) Vl vl O\ V1 oo C, O\ V M C\ O\ G\ C\ CNoo a\ C, n D\ oo 6s 7 O O o0 O O M O O M O O O O oo O O O In C\ p O �D O O 7 O O t� O oc cl O vl O M M vl v1 VCT vl vi U .-. r- V O W v v c, rn a C, C, CNo c� rn 00 rn LnU Z 2 N cls CD to o p N M U A 0 0 0 o Cl o 0 0 0 0 M N O O O O O O O O O O O O M V C, � C, CCT O G�'1 n On. r O vl N [L j oo 69 vl vl vl O O O t- O O N cls �D t� N GD V' to �O Iti W o 0 0 0 0 0 0 0 o 0 0 0 vl vl O O O O 00 O vl O l- N v� N V O n n M o0 O Q O V 0 �o vl V' V' O vl vl vl to O N cs Q W fi Z tC CO cd cd R R R CS cC R R R o, W � 4 7 O o o O O O O 'C p p 0. 0. G G 7 0. 0. V V N N N V N N V y V 0. Lv � Q Q Q Q Q Q 61 Q � Q QRRr 4 O O O O O O w w w O q O O a r C > C C u U Uo U U u cl o 0 0 0 0 0 o o O o 0 0 0 0 o ON o 0 0 0 N N N N N N N N N N U rC .N. oo h M n M cl Y G Y C R 'c � R Ga U 2 cz Qj Y pa C G Y > R Y m _ O U N Y FOtr ," L. c !g NE cl m U " - o cn A Q 'Zo u Z CA co a a¢ Z U r A i Q Q v a v U U U Gs w p� o xk d 3t 3 0.81 ec C aR+ u o c .' O Y X Y A u a u R . U o c' �° R Y > R o � . cn � o o x d i a s Z o a3i �a ,s a oa vn ¢ r�aa1 Uca mcn ax wz Uu Uu)tw wu wa az ra a c ti W c o 0 0 0 0 0 0 0 0 0 0 0 M 7 O O O O `� 026 O O O O � 00 O O V p o O O W Ly 7 M O O M O O O O In 00 00 OCi Cl N 00 CN ON In N C1 G, Q Ir O O O O O 000 p O O 00 O O O O G1 O O O M O O O O O O O O W V1 7 O\ h O 00 h M M 01 v1 y1 Q\ Q\ Q\ O1 vl o0 O1 O, V O1 C� Q\ C� N N oz O, o o ON r- 4 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O rn rn rn o rn rn C, vi n N N Q, � O o C 0 0 0 0 C 0 C 0 0 0 0 W oN o � o"'0 00 o ., �-- : oo, � o o C rn 44 W O O N C\ vii oho O O vl v'i O vi O InV'• 10 vl �O �O �O v1 vi �O O0 � W N O i Z L y ca ca m ca «f ca cv ca ca ca c3 cC ctl 0. 0 0 0 0 C o 0 0 a cL ct a C n a In. o Cl. n ami a> ti gW w w w w !. ca m CIS E as a ro > C z ~ U U U U 0; o o rn C, CN 0 0 ol Q W a 00 0 o ON a, o o o, o o C, CN (71o O ON C, o V Q p N N N N CT O 4 Y O Y e° y C (M'� 00 R �en _ C F. F Y U c d m a A ^ ) ¢ z U oIL) M eoa Z c° b c a c CCe a ai r Z cCe °' w C7 W y =L a> R S M Z „' o C 3 a C o — L a = a d Ca 3 } zy Z sem. ° z R 0 Lo c ate, c o 0 0 c o u on cn v, U) z wca u wv w x3 Z a` H ccl o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 T2+` o O O o 0 00 n o 0 0 0 0 0 O O O O O N In O O O O O O h O O O O O 00 O O O O O O C W w H In Un In C M V h vi vi n Vy O ON G1 Q\ Q1 Q\ N 'IT O1 C, a, C) O M O N O O OIn O O O O O O G� O N O O O O O O O O O O V O O O O O O o0 o0 Q w kn N V �n o r- O h vl vn G1 In O\ CN C\ O\ N N G, O\ CT O\ CN l� W M oz R CO O R R V1 R R R R cti cls cC CT joo 1c v 44 0 V v �0. D 0 0 o O o O o 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0` 0 o O O o O o o O O o 0 C C Ua C, rn C CN oN oN � C, In o Cl e , N N N j A o 0 0 0 0 0 0 0 0 0 0 o N O v1 In O O O O O h C O vl o0 cn N N ln cn V1 vl v� [l O N U1 V fr O ci In O v'i O O O v1 O vi O C N N h N v1 cn v1 l� O N cn c w N R ctl R R R cC R cC c0 cJ R cC cE O aR . � 0 0 0 0 0 N N N O O O O O �- �- O O O O O O N U N U U U U U V V V U U w w w w w w w w w w w w 0 0 0 0 0 Ly O O O O O O Ir Rcd R cC cJ E E cd c7 c3 m R cV U V U V U EE U U U U U V w w- CC C > > C t: C x t C Uv U U U C7 C7 U U U U U U ooCNo o rnCN � oo rn CN o 0 00 ai Q N N N N N C1 a0 00 r- l� 00 R C C O O Y u ° 0 R � w w � z E � i 3 Q x Y Y 2 e o � z ° o z O x oq R R O 2t 3t eN+ _ wa L a L ,�„ f�tl .� m m L E R ca a a u > v� v� v a O �y ca L O L .� cq v r�� 0�J 3 u � 3 z � w � uC wu w uv j au urx ►� � O � � � N � O O N o Ln � oc N 028 A O O O O O O 0 0 0 O O O 00 § / \ \ . / w g } » d / G § \ \ ON / / \ _ 200 / \ w t & e \ f \ \ } 3 \ \ / cc cl § �� � { 3 2 \ � \ \ \ \ \ & § s 03 / � Q 89 4 \ 5 r \ / . \ / ka b / � Q d ) 4 a \ \ � \ § \ B _ \ • �u ; a. / i - . } � . 029 City of Atascadero Investments by Type September 2000 Government Securities Certificates of Deposit �% Corporate Paper 21% 5% Cash with ` .... Fiscal Agent 1% Other 0% LAIF 64% Investment September 2000 LAIF S 8,490,031 Certificates of Deposit 2,863,683 Government Securities 1,162,305 Corporate Paper 666,343 Cash with Fiscal Agent 146,109 Other 3,444 S 13,331,915 030 Page 7 of 9 City of Atascadero Investments by Maturity 0 September 2000 One Month to One Year Within One Month 18% 0% One to Five Years 18% On Demand 64% Investment September 2000 On Demand $ 8,493,475 Within One Month 43,621 One Month to One Year 2,309,954 One to Five Years 2,338,756 $ 13,185,806 031 Page 8 of 9 City of Atascadero Investments by Holding Company September 2000 0 Gibraltor Securities Riverway 11% Penson Financial Corp. Trust Bank of 2% 18% 77, New York 1% City of Atascadero 1% State of California 65% Investment September 2000 State of California $ 8,490,031 Penson Financial Corp. 2,446,160 Gibraltor Securities 2,018,614 Riverway Trust 187,380 Bank of New York 140,288 City of Atascadero 491442 $ 13,331,915 0341 Page 9 of 9 City Treasurer's Report October 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 216,011 Money Market Accounts 3,459 Certificates of Deposit 2,958,893 Government Securities 1,162,305 Corporate Paper 666,343 LAIF 8,536,964 Cash with Fiscal Agents 146,982 Cash in Banks at October 31,2000 Deposits in Transit $ 13,690,957 Outstanding Checks - Cash and Investments at October 31, 2000 (129,137) $ 13,561,820 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 10/5/2000 East-West Bank CD $ 95,000.00 3/29/2001 Securities Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None 033 Page 1 of 9 CITY OFATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF OCTOBER 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at October 1, 2000 $ 312,567 $ 13,185,806 $ 146,109 $ 13,644,482 Receipts 976,529 137,158 873 .1,114,560 Disbursements (1,068,085) _ (1,068,085) Transfers In 90,000 95,000 _ 185,000 Transfers Out (95,000) (90,000) _ (185,000) Balance per Banks at October 31, 2000 $ 216,011 $ 13,327,964 982 $ 146, Deposits in Transit 13,690,957 Outstanding Checks (129,137) Adjusted Treasurer's Balance $ 13,561,820 034 Page 2 of 9 h C, O O <Y 000^ 0 p0 z 00 10 N00 M p O O M O 00 O p C J C, ON C 1 O O lr .1 0 V CN LQ oM0 p O V O O M 'n lr It G, O oo O O Q, n, V1 v-� D, O O O w ~ O\ U Z 69 � ctl � a G p O V'1 C G N CD i C O N M bCD CD V j M 0 0 0 0 0 00 0 e y n v a CN c o „ o c 0 GL j 00 0 °` c` r Q o 'IT �O �p l� �p 00 O 1 O W 16 c c 0 16 16 4 O O = In c O00 N h N o0 O c 10 Im In 10O vi h O oo O � In 16 .o Lx0 fr [� a " c m _� ¢ aM h O vj c c ❑ c ro j 0 c m c ° Q = c c �° a c v Vi y CL O0. 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CL v y ° c o o 0 wq q q g u ° o U C «. u w t� u v u R R u a`� o r " = 0 y" w w w U U U U U U a`, ami o U C7 U U U U a w CD o 00 C, O o V ° Ir N � O D\ �• O O N ry � ON C, p0 Op C, M C, N ry a1 °� O 4 ^ r M ^ N N N 00ol \10 N ry� i cca C1 R ti a Y771 0 F H U C 49 Q i ° u Ur z U o — `.� ea z R x Y M C a l Z eCC z E v c .? o c a c `a o C1 o xt _ > o a c x 0 7 R - v o ° y E y en ea a. H r q G o , z A U 0. cn vi d �n C7 ` Z q R Cq k. U z U W W U Up " L. z a H � w o o 0 N p N c� In O O O O O O O °i N 7 N 10 1O N O 036 O p O O M p O Ob In O p O o O n O\ vl vl 00 N (71 °� O, 'G V M O ry O O O CD CD CD W o c, rn o CD o 0 00 oO Fi Er N N Q\ O\ G1 [� ry M \ (r _R 00 CD tia O00 m V ry NLO O O C O p 01 A v 0 0 0 V o o 0 Cl 00 0 0 ry0 CTI if 7 M A � o hv1 v) h O In 00 r � � O 00 d A W � O � Cy FV Q Q�O (" r-: v1 N N h VO-� r OO N O C V Q'i O e b b ^ v1 C N � Z a O ; 0 � � c G c � ❑ � � � � m c R c R 0 0 0 °' v a c a o W q q q q cn v q qy " °' a v O o w w C] q q E„ o p o ,,, (� Fr w ° v ° o 0 0 0 j U u E E ° a� E E R L U U U U U C7 v U U U v U U ty o o o °° � , rn c, p o, c, U o p o o, � a p cl c, o0 0 0 C c o O O O N N N ry O i/'1 01 W R G 21 C O s uo � a F- as `O . R z qj W A W U E loY U cq c e 3 C O a c z Y Q on ect ..a z C N z i R O oo Cl O R eYCC O L a U 3 R o u 0 v `° z � wv� t7 �n wU wU aU ti W o o Mo In oM v It v t 0 0 0 0 o vi In „) �• O O N W ,p n \O o Q p O wl p O O O O ^ p O O p O p O O O NO 037 N O N n n O W tn 00 w 69 [r n O N b O 00 � cd fig M cl ami N 4 q u z cl _o N O r O n b 4= O O 1 « O �jj 00 O N E 0 X CU O Q ey O p CD tkaA ocliC. co 0 `�' O Er A W O� 3 R u � v n ro v W O p c ❑ e v o 3 v > o In z N o a Q eCW .o WV ti � ` cl 5 E a o ° 3 v ti ti y lu V e a ° 0 4 Q a a r- 0 .1 C° -- o � � 1 5 > o O Q R 1 ~� U C 101 v CIS 0 rl .> i 'O Z x OC N o E E c > 2 a1�4 ro s aE= q c c w b lu d d L ° 038 City of Atascadero Investments by Type October 2000 Certificates of Deposit Government Securities 22% 9% Corporate Paper 77, 5% Cash with Fiscal Agent 1% Other 0% LAIF 63% Investment October 2000 LAIF $ 8,536,964 Certificates of Deposit 2,958,893 Government Securities 1,162,305 Corporate Paper 666,343 Cash with Fiscal Agent 146 982 , Other 3,459 $ 13,474,946 033 Page 7 of 9 City of Atascadero Investments by Maturity October 2000 One Month to One Year Within One Month 17% 2% One to Five Years 18% On Demand 63% Investment October 2000 On Demand $ 8,540,423 Within One Month 233,831 One Month to One Year 2,214,954 One to Five Years 2,338,756 $ 13,327,964 Page 8 of 9 040 City of Atascadero Investments by Holding Company October 2000 Gibraltor Securities Riverway 11% Trust Penson Financial Corp. /o o Bank of 2 New York 18% 1% City of Atascadero 411 E I% F h State of California 65% Investment October 2000 State of California $ 8,536,964 Penson Financial Corp. 2,446,175 Gibraltor Securities 2,113,614 Riverway Trust 187,380 Bank of New York 141,072 City of Atascadero 49,741 13,474,946 041 Page 9 of 9 City Treasurer's Report November 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 320,978 Money Market Accounts 3,476 Certificates of Deposit 2,769,098 Government Securities 1,162,305 Corporate Paper 666,343 LAIF Cash with Fiscal Agents 8,826,964141,365 Cash in Banks at November 30, 2000 $ 13,890,529 Deposits in Transit Outstanding Checks - Cash and Investments at November 30,2000 (210,135) $ 13,680,394 Investment Activity Securities Purchased: None Securities Matured: Maturity Date Description Type Original Cost S Amount Matured 11/15/00 Byron Center State Bank CD $ 95,000.00 $ 95,000.00 11/17/00 Capital Crossing Bank CD 95,000.00 95,000.00 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None 042 Page 1 of 9 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF NOVEMBER 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at November 1, 2000 $ 216,010 $ 13,327,964 $ 146,982 $ 13,690,956 Receipts 1,343,880 222 713 1,344,815 Disbursements (1,139,332) - (5,910) (1,145,242) Transfers In 590,420 690,000 - 1,280,420 Transfers Out (690,000) (590,000) (420) (1,280,420) Balance per Banks at November 30, 2000 $ 320,978 $ 13,428,186 $ 141,365 13,890,529 Deposits in Transit _ Outstanding Checks (210,135) Adjusted Treasurer's Balance $ 13,680,394 043 Page 2 of 9 N o �o O O O O V1 V) O O O 00 O O W 00 O O O O M M O O O V� O O 'a 7 M a V1 O\ O\ 7 a\ M O\ et Vj vl h v1 d' O1 O\ O\ 7 N O\ n O\ ON ON 10 b 00 O O m O O M O O O O �O [- M 00 O O t` O h D\ O O r- O O 7 O 7 O O O o0 O� O O V O\ Q\ ON ti O\ n ON ti D\ (21 00 oz n O h cE a\ F G � F G N G � � � 4\ W � A v \o O O o o O o p o p o O Cl o c� m Cl O o o O o o O O o o O a v_ 0 0 o O o o C o O o O o 0 W M v v Ci vi o rn vi rn v v o w) V) y v rn rn rn o a rn rn o rn rn a00 N Ef3 c� vi .-� o �n p o O o N ; �O 00 N 00 l� �O 01 00 vl [� N O V1 t b In O ti W ti e o e a o o e o o e o a W O o eC o N ov o � c°°\ o 0 o N rn Gy N en tj Q cz W W ° U) W Q .N M ti V V V V V V V O O O O O 'C O O rA �C 0.4 7 o o o o o a o 0 0 0 0 y Gy 7 w v u v u nt H tC U U U U 0 U U w cE w eC w^ o w^ F ~ w O U U L y y O U U U U U U C7 U U U U U 114 o a o 0 0 0 o rn o h o 0 o O rn p Cl o p o N ti O OD N ti Ell `° v0`i 0.l Q Z U 00 R a ol ? a U M W cc w m m I a x ?C ° U N ° q U Pa Q r a b W w W Gxt O Q at 3 Fa o .7 GG Q q a w z C7 U U cl P4 U P, PO4 a zel m o 0 0 0 0 0 0 0 0 o c o 0 a Eti DD .Ni N N N ti 00 T N O A $ N N N N M M M V h O O O O O O O O p O O 044 0 00 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0 0 0 0 N CN a rn CN o rn C, rn N O O Cl CD O O O 00 Cl m CD O O O O O p O O O O M O O p O C C O O O N O p M O ON T N 00 ON C 7 C, Ol CN N ti S �d d cd p �EJ� O ice. C F F C � F F F oo O � N W � q 0 0 0 Cl 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 CL CL o c c o CL C 0 W a a o o v vi o c� v v vi vi In v U ON ON 12, C\ R � J A o 0 0 o e o e e o o o o ti o o 00 0� o e rn e e lo e e lo e e O h W ti o 0 0 0 0 0 o a a s p p o 0 o e o0 N o c v civ o c n o � W o Le) N O ^•1 E,. a 0 o C o 0 0 N y N o Za aai v api aRi m � cFi �' �' aai aai aFi aRi It e c, ti o rn a Ul o`cl 0 Cl 0� � o` o o a, o U o M rn - e � '. cl o o rn o a Q N N N N N N N � - N .R R x � O U � U ti a occc X R F M q m n °o o ° 7rA In 3 a °o ti 3 c 0 r d u Q °d q W R^1 U U L'. U r� q w .� r. z CL F+ U (6 `rC, C! 0 0 0 0 0 Cl 0 0 0 0 0 0 o M a M 7 •V• �p h M N 0000 \ M M C O N N O M N O N 7 N Q O O O O .Ni to ti O O O O O O O O O 045 .Mr O O '^ p p C O o oho 00 op po 0 0 00 o M N N °\ C\ C, C, C, m a N h Cl O O O O O O p w W aC o O�CD , Ir N N 00 C\ 7 —ld CN M a C Q h K G C O N a G o A It 0 Cl 0 0 0 0 0 0 c o rn rn C, ON v o Q N N D\ O ry M qO Cl O O CD 00 C, t- oo m A tW -Oz W Q ^V N �O '^ ` = C N y / O WOO N b b b b b b O Ci n N fy ^y N ti —IC y m ea U o 0 0 0 z Q Q a 0. 0. 0 U o ° ,O ,O O O O O N 174 U U C7 C7 U U U U U U a °, o c a o 0 6 CN cN oo ocD o aA o, oo °�° o`o 0 en X cq o cn v. Uj F wv� w � '� b N o0 O O N N O 04 O O O O O O O O O \ \ CIL \ \ \ � . S ( G $ % § ) }W W - ) ® / % / t \ W § / \ - ( E ] $ \ � - w 0 EN 01 \ \ W % w § ƒ $ \ 3 ° Q \ * # •{ d j . \ � C4 \\ ts $ � ` \ ] 047 City of Atascadero Investments by Type November 2000 Government Securities Certificates of Deposit 9% Corporate Paper 20% 5% Cash with 3 Fiscal Agent 1% Other 0% w LAIF 65% Investment November 2000 LAIF $ 8,826,964 Certificates of Deposit 2,769,098 Government Securities 1,162,305 Corporate Paper 666,343 Cash with Fiscal Agent 141,365 Other 3,476 $ 13,569,551 048 Page 7 of 9 City of Atascadero Investments by Maturity November 2000 Within One Month 2% One Month to One Year 25% One to Five Y 8% On Demand 65% Investment November 2000 On Demand $ 8,830,440 Within One Month 237,524 One Month to One Year 3,311,988 One to Five Years 1,048,234 $ 13,428,186 049 Page 8 of 9 City of Atascadero Investments by Holding Company November 2000 Gibraltor Securities Riverwa 11% y Trust Bank of Penson Financial Corp. 2% New York 17% 1% City of Atascadero .: 1% State of California 65% Investment November 2000 State of California $ 8,826,964 Penson Financial Corp. 2,351,192 Gibraltor Securities 2,018,614 Riverway Trust 187,380 Bank of New York 141,365 City of Atascadero 44,036 $ 13,569,551 050 Page 9 of 9 City Treasurer's Report December 2000 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 699,993 Money Market Accounts 3,516 Certificates of Deposit 2,669,717 Government Securities 1,162,305 Corporate Paper 666,343 LAIF 10,516,964 Cash with Fiscal Agents 142,063 Cash in Banks at December 31,2000 $ 15,860,901 Deposits in Transit - Outstanding Checks (195,151) Cash and Investments at December 31,2000 $ 15,665,750 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 12/13/00 The People's National Bank CD $ 93,907.52 10/11/01 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 12/11/00 Bank First, SD CD $ 94,487.64 $ 95,000.00 12/15/00 Rocky Ford National Bank CD 99,000.00 99,000.00 Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None 05.1 Page 1 of 8 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMNIARY FOR THE MONTH OF DECEMBER 2000 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at December 1, 2000 $ 320,978 $ 13,428,186 $ 141,365 $ 13,890,529 Receipts 2,768,965 239 698 2,769,902 Disbursements (799,530) - - (799,530) Transfers In 193,488 1,783,908 - 1,977,396 Transfers Out (1,783,908) (193,488) - (1,977,396) Balance per Banks at December 31, 2000 $ 699,993 $ 15,018,845 $ 142,063 15,860,901 Deposits in Transit - Outstanding Checks (195)'151) Adjusted Treasurer's Balance $ 15,665,750 052 Page 2 of 8 C\C, c o O G1 O N v V v W \ Z FO 0 O, a O O N'r • T h N C O C\ [� M C.� j .•• M 7 v'1 N 00 M w V vl C` V1 v'1 C, 7 vl T O, C\ G, P C4 y e v e e v o 0 o M o o M o 0 0 0 - o 0 F, o M o o 00 o o v o c o 0 LL. W N v v a c n C, c c Cl C, y G F 1 N 1C O O �L .c..• G G N - O a O O O O O O O O O O o o C, c a C, R , o vi C o e o o e o o a a o e e e o +1 0 o9 oo WQ 4 C e LQ N rn •p 1 T _ _ _ .. _ _ _ F. w a °a a � c a a v a c c n. w C Q fm Q h Q Q Q C W v Q v K M, b O O Y o v v �• v 'o U U U U U U U U U U U U a o o rn o 0 0 0 o a o o 0 0 0 0 0 0 0 0 o c 0. o Q,` o o Cl 3a m Q = c� Q Q h o o a v vi 33 4 c ° F+ c = a 1 U G y U �" p U < Z U o °' en V L v R W a O u :2 n a o Z U U V kW U W ..l A U e, v 00 N e N N M M G vi o r o 0o v t� hh h N o0 0 0 Co 00 00 M 00 M N G� G1 V �V. W � 2 j V h O V O oo [t M h h h N O O O 7 r O C C b 00 O M h h O Er 'M M h vl �O r r f r Vr O O C, v C, C, r v v v o0 !C V C , O O oo O O O O O O O O N O O O 4 0 m o o M o 0 0 C. o r o 0 2 0 0 0 0 0 0 o p C = O O O oo M h M M h vi vi h ri v h c W h oo c, c v c a C, o\ C, o\ C, c. c cn CN c V G C O G O C A o O o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o O o 0 o S O o 0 o Da 0 0 0 0 0 0 o O o 0 0 C C o O Uj vp o c C, C, , C, C, C, c C, e V N ^ N Q eo a o 0 0 0 0 o e o 0 0 0 V O r O O O O C O O h h h O h h O 4i O O h 10 10 10 10 10 10 r r .� 0 0 0 o h h o o h h h o h o Q O O 'V W� oo IQ. o e 4 � W q V 1 ~ T O O O O O O O O O O O O O F.. :13 a a a a a a a In. a a a a Z V N L 6l V y L El /CEJ CJ "J L CJ Cl ^J Q Q 0 Q Qn Qnn 0 y0 0 0 o c o 0 0 0 0 0 0 0 0 W E u u u u v u u u u u u u u u V L L v O ''L v L N V N L I L V u u u u v u u u u u u u u u C W c a o 0o c` o o o o 4 a a a V � C O It R O q a O q Y .'` 10 Y V Z o c n m z Q, aC4 tr- e o a0io± Z c to Z rcn. R .0 L U A O O .L Y r7 .NCi p V O O O id q q C L a wu z H � ww u wu oa z x3 aF= uv � 3 zC4 k v, vV) h ^ N N N N N M M M M M M �r a W O O O1.J� O O O O O O O O O O O O O 1- C, O N K V �V t� 1� N M 7 v1vii O Cl O ^ N ` , W � j O , h O V1 Vl O M O O M ' M Q QJ O b b M r1i O O N w LV b d 7 7 00 V l� G N N q !� N ` N .�.. 7 � U E 'n O O O O N O O O O O O O 7 b ' V O O O O O O o0 0o O O O� w 7 vl G, G1 G1 CT C\ LO > C Q N 'C v M > 4q Qo� a U C O O O O O O O O b M O O O O O O O O O O O O b O O °0 U O O O O O O O O r1 O -• 7 [� y O O Vl Vl Vl C\ vi O N b M .T. V V N N a\ O+ a` D\ C` O 7 O N U O .D G > J > G A a e o a o e o o m c u 0 o 'n 'n 10 10 10 `c r- -,4 - a a d 5 7 > .r N o 0 0 o N Z Z °� - o W N z G u K 2 a a h h n a a a E" F 2 2 Z 2 2 2 Z 2 ¢ Z c > a O w v W < c c U u a o n -o E. 7 °n a a a n. n. " u u v v v v v v v Q ti 0 0 0 `o o < IV w- v v v v o O U V U U U U LQ a rn o c 0 0 00 ❑ m `o 4 G c a• o V - L V Q °A a O G H a C h 0 0 c a = v a z H x x c x OCA CO to L h Q tC 9v O u 3 kv ` k. U Gc� U .G U U .a U .a U U C a a C x U a t:. 3 N 7 > Lv � 0 0 0 0 0 0 0 o City of Ataseadero Investments by Type December 2000 Government Securities Certificates of Deposit 8% Corporate Paper 18% 4% Cash with Other Fiscal Agent 1% 0% LAIF 69% Investment December 2000 LAIF $ 10,516,964 Certificates of Deposit 2,669,717 Government Securities 1,162,305 Corporate Paper 666,343 Cash with Fiscal Agent 142,063 Other 3,516 $ 15,160,908 056 Page 6 of 8 City of Atascadero Investments by Maturity December 2000 Within One Month 1% One Month to One Year 14% One to Five Years 15% On Demand 70% Investment December 2000 On Demand $ 10,520,480 Within One Month 139,236 One Month to One Year 2,115,374 One to Five Years 2,243,756 $ 15,018,845 057 Page 7 of 8 City of Atascadero Investments by Holding Company December 2000 Gibraltor Securities 11% Riverway Trust Bank of Penson Financial Corp. 2%New York 16% 1% City of Atascadero I% State of California 65% Investment December 2000 State of California $ 10,516,964 Penson Financial Corp. 2,351,217 Gibraltor Securities 1,919,049 Riverway Trust 187,380 Bank of New York 142,063 City of Atascadero 44,235 $ 15,160,908 058 Paue R of R City Treasurer's Report ' January 2001 David Graham REPORT IN BRIEF: Cash and Investments Checking $ 432,073 Money Market Accounts 197,509 Certificates of Deposit 2,741,533 Government Securities 1,162,305 Corporate Paper 1,159,803 LAIF 10,421,988 Cash with Fiscal Agents 142,811 Cash in Banks at January 31,2001 $ 16,258,022 Deposits in Transit - Outstanding Checks (248,707) Cash and Investments at January 31,2001 $ 16,009,315 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 01/08/01 Lone Star National Bank CD $94,000.00 12/27/01 01/17/01 American National Bank CD 97,000.00 07/17/02 01/19/01 New South FSB CD 74,610.00 08/12/02 01/25/01 American Express Corp.Paper 246,744.99 04/25/01 01/25/01 General Motors Corp.Paper 246,714.97 04/25/01 01/31/01 Advanta Bank CD 95,000.00 07/31/01 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 1/12/2001 Excel Bank CD $95,000.00 $ 95,000.00 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Called La Salle Bank $ 99,000.00 $ 99,000.00 $ - 01/20/01 CD 01/20/05 Called Centura National Bank 95,000.00 95,000.00 - 01/21/01 CD 01/21/05 Other Reportable Activities: None 059 Page 1 of 9 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF JANUARY 2001 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at January 1, 2001 $ 699,992 $ 15,018,845 $ 142,063 $ 15,860,900 Receipts 1,257,304 145,238 748 1,403,290 Disbursements (1,006,153) (15) - (1,006,168) Transfers In 735,000 1,254,070 - 1,989,070 Transfers Out (1,254,070) (735,000) - (1,989,070) Balance per Banks at January 31, 2001 $ 432,073 $ 15,683,138 $ 142,811 16,258,022 Deposits in Transit - Outstanding Checks (248,707) Adjusted Treasurer's Balance $ 16,009,315 060 Page 2 of 9 h 00 a, N M O O M O O O N v'1 O O Ow v� ct l� O W an O O V1 l� l� O OS ft, Cv v vi rn v vi O 1 vn v O NV D\ V G\ r 4\ a\ N N ti 6A cl r C O r- o v) h ca ni O N N C M M O 4 A � x 00 C� N O Cl O O O O O O O O O 00 O 7 O O O O O O O O O O O Ci n V' O O O O O 0 O O O O O W N Q V In O C, l� 01 N 01 O ON f G1 V 7 N N eO 69 Q o 0 0 0 0 0 0 0 0 0 0 0 0 [- h O V1 O O Vl Cl O O W N A b m n � 00 Ul > V �O In In W y y o 0 0 0 0 0 0 0 0 0 0 0 00 O U1 O O Cl O O O O O N G\ ye V O v1 In Wi cD �o O O O �c �o 4 c ¢ ¢ N Ia ro a ro \a ro R ¢ ¢ cs Mc c ¢ ¢ _ c c v1ti v [N j o o c o 0 0 0 0 V Z v a sl c sl a a a a. 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Paper $ 475,772.70 $ 500,000.00 02/12/01 Choice One Bank CD 99,000.00 99,000.00 02/12/01 F.N.M.A. Gov't Security 171,850.00 175,000.00 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Called F.N.M.A. $ 2507000.00 $ 250,000.00 $ - 02/20/01 Government Security Called La Salle Bank 95,000.00 95,000.00 02/21/01 CD Other Reportable Activities: None Page 1 of 9 068 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITYSUMMARY FOR THE MONTH OF FEBRUARY 2001 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at February 1, 2001 $ 432,073 $ 15,683,138 $ 142,811 $ 16,258,022 Receipts 844,792 300 675 845,767 Disbursements (810,021) - (2,472) (812,493) Transfers In 647,623 450,000 54,509 1,152,132 Transfers Out (504,509) (647,623) - (1,152,132) Balance per Banks at February 28, 2001 $ 609,958 $ 15,485,815 $ 195,523 16,291,296 Deposits in Transit - Outstanding Checks (272,288) Adjusted Treasurer's Balance $ 16,019,008 069 Page 2 of 9 O 41 M O O O Vl O . 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Q N N M CJ Q O O O O O O O O O O 00 O O O Cl O O O O O O M O O O O O O O O O O N W a 00 � C, Q\ C, ol W) ONi C, O U N N N V +1 v� o vi vi o 0 0 0 0 00 .-- V1 N N h N h 1I'j Vl Vl U r- r r b b b 00 01 A �140 0 0 0 0 0 0 0 0 0 O N N O N O O O O Wi o ri, Hary 14 y —ld O chid v ,hr h o 0 0 0 0 g o 0 0 0 0 c o 0 0 11 V U U U U U C7 C7 U U U o a o o rn a C� o C, O x6Q o rn O o rn c CN o rn o L� Q 00 00 N N � C C4 Z C � z � o o Cy .�- V W � O p O ►� � � Q' L _ CC O z � � vQ `o ca3 c EM 6 a3 � C) z U r A o aUi dN o o u Ite o y xc d Ra y Z n i G L , ., "' -6> e° 0 a GA v o y 'C b b Z 3 ea ai V1 5 C _ U cn Z cn W 6i CS v¢i W U W U U U h M M M M M ItV V 'V10 Vl �C Q o O o O O O O O O 072 m M 00 r4 en _ k § ( Ol In , \ \ y Q { C � C� d Ccl § \ % § en eq !4 / 2 \ \ � en 8 ) U • w \ » / rl� G § W 3 ƒ E £0 2 0 § / • � � + f w � t � \ C-1 / \ k 2 » \ � W ± � \ § % 2 / f lu 0 \ \ , ƒ / �u o/ u/ { v \ \ I k r I 2 § ] / / 2 W [ \ � k ° • % E = J } ( \ } } 073 City of Atascadero Investments by Type February 2001 Government Securities Corporate 5% Paper Cash with Certificates of Deposit 4% Fiscal Agent 16% 1% Other $ _ 4% 3 5 -e Y a LAIF 70% Investment February 2001 LAIF $ 10,871,988 Certificates of Deposit 2,547,741 Government Securities 740,455 Corporate Paper 684,030 Cash with Fiscal Agent 195,523 Other 641,601 $ 15,681,338 074 Page 7 of 9 City of Atascadero Investments by Maturity February 2001 One Month to One Year Within One Month 16% 2% One to Five Years 8% pp— On Demand 74% Investment February 2001 On Demand $ 11,513,588 Within One Month 311,642 One Month to One Year 2,425,868 One to Five Years 1,234,716 $ 15,485,815 75-Pa075- Page ge 8 of 9 City of Atascadero Investments by Holding Company February 2001 Gibraltor Securities Riverwa Y 11% Trust Bank of Penson Financial Corp. 2% New York 14% 1% City of Atascadero 1% State of California 65% Investment February 2001 State of California $ 10,871,988 Penson Financial Corp. 2,256,317 Gibraltor Securities 2,125,481 Riverway Trust 187,380 Bank of New York 195,523 City of Atascadero 44,649 $ 15,681,338 076 Page 9 of 9 ITEM NUMBER: A-3 DATE: 04/10/2001 oil I l iaie � 0, City Treasurer's Agenda Report David G. Graham, EA Revised Investment Policy RECOMMENDATION: City Treasurer recommends the City Council adopt the draft Resolution, revising the City of Atascadero Investment Policy, including the annual statutory delegation of investment authority to the City Treasurer under Government Code Section 53607. DISCUSSION: Revisions in the investment policy are primarily administrative in nature, required by changes in the underlying Government Code. There is a significant change in the percentage limitation relating to "negotiable certificates of deposit". Previously there was no limit on any form of certificate of deposit that was 100% FDIC insured. The Government code now places a 30% limitation on negotiable certificates of deposit. The City has never exceeded these limits and this policy revision should not present any compliance obstacles. Other significant changes in the policy are the adoption of a maximum 2-year weighted average maturity for City investments. The Finance committee has recommended a maximum weighted average maturity be set. The previous policy suggested a maximum weighted average maturity of up to 3 years. It should be noted that this does not prohibit investment maturities of up to five years, as long as the weighted average of all invested funds, including LAIF, does not exceed two years. As an example, the February 2001 Investment Report shows the City investment portfolio as having a weighted average of 261 days or slightly under 3/4 of a year. Within this portfolio are securities maturing in from 15 days to 4 years. ATTACHMENTS: Government Code Section 53607 Draft Resolution 077 WAIS Document Retrieval Page 1 of 1 53607. The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year. ® I8 http://info.sen.ca.gov/cgi-bin/waisgate?WAISdocID=89306345+0+0+0&WAISaction=retrieve 3/29/01 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,ADOPTING THE CITY OF ATASCADERO INVESTMENT POLICY WHEREAS,The City Council of the City of Atascadero desires to prudently invest idle funds of the City to maximize use of taxpayer funds;and WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of local agencies or persons authorized to make investments decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.", and WHEREAS,the California Government Code Section 53646 requires all local agency governing boards to annually adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility to the Treasurer for a period not to exceed one year but renewable annually,upon review;and WHEREAS, the City of Atascadero first adopted its interim investment policy in 1993, revised that policy in 1999 and that policy is in need of updating NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that the City of Atascadero Investment Policy, attached hereto, is adopted and that the City Treasurer is hereby authorized to carry out this policy,on behalf of the City Council. On motion by Council Member and seconded by Council Member the foregoing resolution is approved by the following vote: AYES: NOES: ABSENT: ADOPTED: April 10,2001 J.Michael Arrambide,Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 079 ITEM NUMBER: A-4 DATE: 04/10/2001 iais p 1979 ,AT�scanER+o, Atascadero City Council Staff Report — Community Services Department Amendment to the Equipment Rental Concessions Lease at Atascadero Lake Park RECOMMENDATION: Council authorize the Mayor to sign an amendment to the Equipment Rental Concessions Lease at Atascadero Lake Park exempting the sale of kayaks from the reportable gross income to the City of Atascadero. DISCUSSION: • On March 13 2001 the Cit Council authorized the assignment of the remaining terms of the Y g g Equipment Rental Concessions Lease at Atascadero Lake Park to Lloyd Reeves of Morro Bay. Lloyd Reeves currently owns and operates a Kayak rental business in Morro Bay and would like to expand his business to Atascadero Lake. Lloyd Reeves currently is contracted with the City of Morro Bay for his boat concessions business and has expanded his business to include the Atascadero Lake paddleboat operation. The remaining terms of the existing lease are for one more year, plus an optional three additional years, upon mutual consent, for the Concessions rights to rent watercraft, bicycles and related recreational equipment at Atascadero Lake Park. In addition to bicycles and paddleboats, Concessionaire Lloyd Reeves intends to rent kayaks and to provide sailboat rides to expand his revenue potential. Lloyd Reeves would also like to expand the Atascadero Lake Equipment Rental Concession beyond the previous seasonal operation. By selling kayaks out of the Atascadero Lake location, Concessionaire Lloyd Reeves believes that the sale of kayaks will provide the additional revenue necessary to keep the rental business open throughout the year. Lloyd Reeves has submitted a letter requesting that revenue for the sale of kayaks not be included in the percentage of gross sales payable to the City of Atascadero. The terms of the Equipment Rental Concessions Lease at Atascadero Lake Park require the concessionaire to pay a flat fee of $2,500.00 plus 9% of gross sales. According to Lloyd Reeves, he generates approximately 10% profit from the sale of a $1,500.00 kayak. Lloyd Reeves estimates that he will sell one or two kayaks per month. osu ITEM NUMBER: A-4 DATE: 04/10/2001 The proposed amendment to the Equipment Rental Concessions Lease at Atascadero Lake Park would not affect revenue generated by the concessionaire from any other rental business or equipment sales. Revenue from this lease arrangement generates approximately $3,000.00 per year in income to the City. Staff and the Parks and Recreation Commission recommend approval of the request by concessionaire Lloyd Reeves that revenue from the sale of kayaks not be included in the percentage of gross sales payable to the City of Atascadero. Staff desires a successful concessionaire at Atascadero Lake. No current income from this lease arrangement will be lost to the City and there is a potential for additional income if this amendment to the lease terms will allow the concessionaire to increase the overall number of hours of operation. FISCAL IMPACT: No fiscal impact. ALTERNATIVES: No alternative. ATTACHMENTS: 1. Lease Amendment 2. Letter from Lloyd Reeves 3. Atascadero Lake Paddleboat Concessions Agreement 081 AMENDMENT The City of Atascadero hereby amends Section 1.03 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment excludes income, generated by the concessionaire exclusively from the sale of kayaks, from the percentage of gross monthly earnings payable to the City of Atascadero. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves 699 Embarcadero #9 Morro Bay CA 93442 Executed on 2001, at Atascadero, ATTEST: CITY OF ATASCADERO By: Marcia McClure Torgerson J. Michael Arrambide City Clerk Mayor APPROVED AS TO FORM: By: Roy A. Hanley Lloyd Reeves City Attorney Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director 1 '08�: 699 Embarcadero # 9, Morro Bay, Ca. 93442 Telephone # (80.5) 772-3349 3/21/01 Dear Mr. English; As you know from our first meeting I would like to be open year round on the weekends (weather permitting). To do this I would need to be able to supplement the boat ride & rental income (which by itself could not justify being open in the off season) with the retail sales of kayaks & accessories. As I pointed out at our first meeting the profit margin is so small that on some items especially the racing kayaks that after I pay freight I am lucky to clear 10% on the sale of a $1,500.00 boat. To be able to operate in the off season withoule showing a lost I would like to request an amendment to the lease that would: Exempt just_ttyear round.sales of kayak accessories and ka�aaks from the percentage )ear round. Thanks! A7'ev—' kex,�. Floyd Reeves 083 CONSENT TO ASSIGNMENT The City of Atascadero hereby consents to the assignment to Lloyd Reeves of the contract involving the City of Atascadero and Bill Rabaenaldt for the lease of premises and operation of a concession at Atascadero Lake Park. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves 699 Embarcadero #9 Morro Bay CA 93442 Executed on Olil k J , 2001, at Atascadero, ATTEST: CITY OF ATASCADERO B Marcia McClure Torgerso . Michael ZArrambide City Clerk Mayor APPROVED AS TO FORM: By: RoJ4. Hanley Lloyd Reeves CittAttorney . Contractor APPROVED AS TO FORM: Ra helle Rickard Administrative Services Director 1 03 � Contract No. 97010 AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION OPERATION AT ATASCADERO LAKE PARR APRIL 26, 1997 - DECEMBER 31, 2001 This agreement is made upon the date of execution, as set forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH" hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, inconsideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1 .02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services.. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1 .03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received by the Contractor from the use of the equipment and premises described in this contract. The annual flat fee and percentage will be paid according to the "Exhibit B" . Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee payment and the percentage gross of earnings received shall be made by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, Room 107 , Atascadero, California (Attention: Geoff English, Recreation 85 Supervisor) . 1 Payments received from the tenth (10th) of each month to the " twenty-fifth (25th) of each month shall be considered delinquent and assessed a' ten percent (10%) penalty. Payments received after .the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this agreement. 1. 04 LOCATION: Premises of operations is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written - consent and approval by the City. 1 . 06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. the City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said auditto the Director of Administrative Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1 .07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said - premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with prior written approval by the Director (or designee) of the Department of Community Services. Any plans for such construction, if applicable shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 0 8 G 2 1.08 . SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation.. All signs must meet all requirements and specifications as set forth by the City. 1. 09 . DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to. terminate this Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half ( 1/2 ) of the full insured value of the building- and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor with fifteen ( 15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor's_ sole discretion, as long as the performance of these extra-contractual services -does not interfere with or presents. a conflict with City's business. 2 .02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services . 2 .03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2 .04 TAXES: Contractor agrees to pay all lawful taxes, 087 assessments or charges which may be levied by government entities. 3 2 .05 EQUIPMENT: Contractor, at his own expense, shall completely equip the concession and keep all equipment in a good repair and in safe operating condition in a manner to satisfy of the Department of Community Services throughout the term of this contract. Daily inspections of the contractors equipment must be maintained. and available for review upon request of the City of Atascadero. Contractor shall have a right to use five (5) City owned paddle boats and floating dock area. In addition, the Contractor shall have the right to use a area directly in front of the floating dock narea. ced cemented 2 .06 UALITY OF E SERVICCONTROLLED RATES Q / AND CHARGES The City has the right to inspect g p and sched ule the pricesand rates of goods sold upon the subject remises. reserves the right to � P The City g prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary proper er P P service to e Contractor shall post rates and prices ofall bitems in such places as designated by the City. 2 . 07 SECURITY / COMMUNICATIONS: The contractor agrees to Provide telephone and security alarm services to concession throughout the duration of this contract at contractor's expense. 2 . 08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2 . 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If any .worker insurance-protection is desired, Contractor agrees to provide worker's compensation and other employee benefits,__ where required by law, for Contractor's employees and agents . Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2. 10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any 'of Contractor's employees ' or agents' operations under this agreement, whether such opera- 088 4 tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to' any -of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor -and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this *contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, the amounts of such insurance shall be aa. follows : ( 1) Public Liability Insurance. In an amount not less than $500,000 per injury, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence; (2 ) Property Damage Insurance. 0 In an amount of not less than $50,000 for damage to the property of each person on account of any 089 one occurrence. 5 (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $50,000 for each accident. (4 ) Worker's Compensation insurance In the amounts required by law, if applicable. b. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract'. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the five (5 ) City-owned paddle boats, the floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; b. To notify the City promptly of any damage to the . subject premises situated resulting from- or attributable to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. C. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from the monthly payment payable by the Contractor. 2 . 13 UTILITIES: Contractor shall pay the actual utilities, including water, gas, and heat, light and power supplied to the subject premises. There are customary and reasonable 0co 6 charges one would expect to pay for these services. The contractor agrees to pay their fair share of all utilities including water, gas, heat, -light and power supplied. to subject premises, based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of $200.00 per month. The charges will be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of City to control shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish the use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this contract. 4.00 TERMINATION OF AGREEMENT 4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty ( 30) days prior written notice to the other parties to this agreement. 4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: ( 1) Bankruptcy or insolvency of any party; (2 ) Sale of the business of any party; (3) Death of any party; (4 ) The end of the thirty (30) days as set forth in this agreement (5) End of the contract to which Contractor's services were necessary; or (6 ) Assignment of this agreement by Contractor -without the consent of the City. on 7 4 .03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 .04 TERMINATION: This Agreement shall terminate on Decmeber 31, 2001, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Any such extension shall be in writing and .be an amendment to this Agreement. 4 . 05 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require _ Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and ' shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, 'as may be necessary to restore the subject premises to good condition 0 and repair, excepting only reasonable wear and tear, before the last day of the lease termor within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1 .07 of this agreement. 5.00 MISCELLANEOUS 5 . 01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5 . 02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 5 . 03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 .03. 5. 04 ATTORNEY FEES: - In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such s 092 relief as may be granted, to a reasonable sum as and for attorney fees. 5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude -the prompt payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of .the party required to perform the act. - 5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the 'United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor (805) 461-5003 / 461-5002 B. CONTRACTOR BEACH CYCLE RENTALS 150 Hinds Avenue Pismo Beach CA 93449 Attention: Bill Rabenaldt (805) 773-5518 5 .07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 093 9 5.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5 .09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall. remain in full force and effect, unimpaired by the holding, legislation or rule. 5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. . 5 . 11 TIME: Time is expressly declared to be of the essence of this agreement. 5 . 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties . 5 . 13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the .drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed- to define or limit the provisions to which they relate. 5 . 14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this .agreement. 094 10 Executed on April 8 , 1997 , at Atascadero, California. Attest: TY O TA CADERO • By, MARCIA *TORG RSON J HNS N City Clerk Mayor Approved as to form: ROY LEY, CONTRACTOR - Ci Attorney 09� 11 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide consultation and professional management services to City as follows: The Contractor shall utilize said premises for the following purposes : A. Premises shall be used for the purpose of renting paddle boats, appropriate watercraft, bicycles and other mutually agreed upon recreational equipment. B. Furnish and install at his own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director of Community Services. 0 D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. - F. All items to be sold shall be approved by the Department of Community Services. No food or beverages may be sold. C: \WP51\CNTRCTS\NCIINC96 .LEA 096 EXHIBIT B CONTRACTOR PAYMENT SCHEDULE Contractor will pay the City Annually: YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 1997 $ 21000.00 5 % 1998 $ 2,500.00 6 % 1999 $ 2,500.00 7 % 2000 $ 2,500 .00 8 % 2001 $ 21500.00 9 % C: \WP51\CNTRCTS\NCIINC96.LEA 097 ITEM NUMBER: A-5 DATE: 04/10/2001 isi$ � to e Atascadero City Council Staff Report Community Development Department Acceptance of Final Parcel Map 99009 (AT 99-056) 7305 Balboa Road (Toft/ Swolinsky) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 99009 (AT 99-056); and, 2. Reject without prejudice, the public utility easement (P.U.E) shown on Final Parcel Map 99009 DISCUSSION: Tentative Parcel Map 99009 was approved by the Planning Commission on August 3, 1999. The subdivision approved the division of three lots totaling 17.16 acres into four parcels; 3.70, 3.86, 3.94, and 4.24 acres (gross) each. The subdivision also created a 5.23 acre private tree conservation easement. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) can not deny a final map that is consistent with an approved tentative map. Staff has determined that the Final Parcel Map is consistent with Tentative Parcel Map and all conditions of approval imposed by the Planning Commission have been satisfied. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Tentative Parcel Map 99009 (AT 99-056) 098 ITEM NUMBER: A-5 DATE: 04/10/2001 Exhibit A • Final Parcel Map 99009(AT 99-056) 7305 Balboa Road Toft Swolinsky -a ��� • •Oc�a� �I:i � � � R=an � y� t! hill,a ROAD Wa FF 8 JO/� r a IL y / Z'A �! ....... w w < s r.r mm a�i � w• g m b / a.Ww c i iw .ur i f ` 'LA A iA ♦Jt,t/I M J 098 ITEM NUMBER: A-6 DATE: 04/10/2001 0'A, ®n Isis 15-79 Atascadero City Council Staff Report - Public Works Department Integrated Waste Management Authority (IWMA) Memorandum of Agreement RECOMMENDATION: Council authorize the Mayor to execute the Memorandum of Agreement with IWMA. DISCUSSION: SB 2202, which was signed by the Governor last year, allows solid waste regional agencies to add a special district representative to its board. After enactment of SB 2202, the San Luis Obispo County Integrated Waste Management Authority (IWMA) formed a subcommittee (Harry Ovitt, Shirley Bianchi and Tony Ferrara) on Special District membership. That subcommittee met several times and developed a Memorandum of Agreement (MOA) to allow the addition of a Special District representative to the IWMA Board. The current IWMA Board Members are San Luis Obispo County and all cities within the County except for the city of Paso Robles. The Special District representative will increase the number of Board Members from 11 to 12. The addition of the Special District representative will allow input from special districts as regional programs are being developed and implemented. For the MOA to be effective all IWMA Board Members must execute it and at least three special districts with solid waste authority must also execute it. The complete text of the MOA is included as attachment 1. The MOA key points are as follows: 1. Purpose. Add one special district representative to the IWMA Board 2. Membership. A. Any special district which provides solid waste services may join B. The special districts which have signed the MOA appoint one regular and one alternate representative C. The appointed representative and alternative shall be elected members 100 ITEM NUMBER: A-6 DATE: 04/10/2001 3. Existing Joint Powers Agreement. Districts are bound by the terms and conditions of the existing IWMA Joint Powers Agreement. 4. Withdrawal and Dissolution. Any District may withdraw with 30 days notice. 5. Effective Date. All current IWMA members must execute the MOA and at least three districts must execute it. FISCAL IMPACT: None. ATTACHMENTS: Attachment A—Memorandum of Agreement 101 MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER JURISDICTIONS OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY(COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER BEACH, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO) AND THE HERITAGE RANCH COMMUNITY SERVICES DISTRICT, SAN MIGUEL COMMUNITY SERVICES DISTRICT,NIPOMO COMMUNITY SERVICES DISTRICT, SAN MIGUEL SANITARY DISTRICT, CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT, CAMBRIA COMMUNITY SERVICES DISTRICT, CAYUCOS SANITARY DISTRICT, OCEANO COMMUNITY SERVICES DISTRICT, LOS OSOS COMMUNITY SERVICES DISTRICT, AND TEMPLETON COMMUNITY SERVICES DISTRICT REGARDING MEMBERSHIP ON THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the"MOA") is executed on the date below stated by and between the member jurisdictions of the San Luis Obispo County Integrated Waste Management Authority(hereinafter referred to as the"IWMA") and the Heritage Ranch Community Services District, San Miguel Community Services District, Nipomo Community Services District, San Miguel Sanitary District, California Valley Community Services District, Cambria Community Services District, Cayucos Sanitary District, Oceano Community Services District, Los Osos Community Services District, and Templeton Community Services District (hereinafter referred to as the"Districts"). RECITALS WHEREAS, the member jurisdictions of the IWMA entered into a joint powers agreement on May 10, 1994, to achieve the mandates of the California Integrated Waste Management Act of 1989, to plan for, suggest, and implement solutions to common solid waste problems, to assist with programs by utilizing the professional talents of the various governmental entities in the County and of experts in various other fields and to coordinate their efforts; and 102 WHEREAS, the IWMA member jurisdictions established a regional agency in accordance , with Public Resources Code section 40973; and WHEREAS, pursuant to the Joint Powers Agreement referenced above and Public Resources Code section 40973, the IWMA member jurisdictions have agreed that said regional agency, and not the individual IWMA member jurisdictions, shall be responsible for compliance with the waste diversion requirements set forth in Public Resources Code section 41780, et seq.; and WHEREAS, Public Resources Code section 40977 authorizes a regional agency to allow one district to be included as a member of the regional agency; and WHEREAS, the IWMA member jurisdictions are desirous of including a special district representative on the IWMA Board of Directors pursuant to Public Resources Code section 40999 to represent the interests of all special districts within San Luis Obispo County who provide their residents with the collection and disposal of solid waste under State law; and WHEREAS, the special districts possessing responsibility for solid waste management are obligated by law to comply with the source reduction and recycling element and household hazardous waste element adopted by the County of San Luis Obispo; and WHEREAS, the special districts within San Luis Obispo County are desirous of joining the IWMA and selecting from among themselves a representative member to sit on the IWMA Board of Directors. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. PuEpose. This MOA is entered into for the purpose of providing representation on the IWMA Board of Directors for districts within San Luis Obispo County who possess the authority to manage solid waste within their jurisdictions. It is the intent of the parties that the -2- 1 0 3 representative sitting on the IWMA Board on behalf of the various districts shall have all of the rights and powers granted,to an IWMA member under the JPA- 2. PA2. Membership. Membership of a special district on the IWMA Board of Directors shall be provided for as follows: A. Membership on the IVRAA Board of Directors shall be available to any Independent Special District within the San Luis Obispo County which currently provides solid waste collection and disposal services and has executed this MOA(hereinafter referred to as"Authorized Districts"). B. Authorized Districts in accordance with procedures to be established by said Districts shall appoint one regular member and one alternate member to represent Authorized Districts on the IWMA Board of Directors. Said selected representatives shall represent the collective interests of all Authorized Districts on the IWMA Board of Directors. The selected representatives shall serve subject to such terms and conditions as may be established at the sole discretion of the Authorized Districts. C. The representative so appointed shall be an elected Authorized District officer residing within the County but shall not be a member of a legislative body of a city or county. The appointed representatives shall attend the meetings of IWMA Board of Directors. The representative and alternate shall serve so long as they hold an elected office with their member agency, or until they resign or are removed by a majority vote of the Authorized Districts. Vacancies shall be filled in the same manner as the initial appointments. D. The alternate shall be entitled to vote on IWMA matters only in the absence of the representative. E. Designation of the representative and the alternate serving on behalf of Authorized Districts, as well as changes thereto, shall be transmitted in writing to the manager of the Authority. In addition, to any district presently a party to this MOA, any other district that provides solid waste collection or disposal services which may desire to participate in the activities of the Authority may do so by executing this MOA and, thereafter, shall be governed by all the terms and provisions of this MOA as of the date of execution. • 104 -3- 3. Existing Joint Powers Agreement. By executing this MOA, the undersigned districts each agree to be bound by,the terms and conditions of the Joint Powers Agreement dated May 10, 1994, a copy of which is attached hereto and incorporated by reference as Exhibit A. 4. Withdrawal and Dissolution. Any district which is a party to this MOA may withdraw from the MOA, with thirty(30) days written notice, and may terminate its participation in this MOA by resolution of its governing board. The withdrawal of the member shall have no effect on the continuance of this MOA by and between the remaining members, and the MOA shall remain in full force and effect with respect to the remaining members. No withdrawal shall become effective until thirty(30) days after receipt of written notice by the Authority. The MOA may be terminated by'a joint agreement executed by the IWMA member jurisdictions and the districts which are a party hereto. 5. Notices. All notices which any IWMA member, district or the authority may wish to give in connection with this MOA shall be in writing and shall be served by personal delivery during usual business hours at the principal office of the IWMA member, district or authority, to an officer or person apparently in charge of that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the IWMA member, district, or authority at its principal office, or to such other address as the IWMA member, district or authority may designate from time to time by written notice given in the manner specified in this section. Service of notice pursuant to this section shall be deemed complete on the date of service by personal delivery, or two days thereafter by mailing if deposited in the United States mail. 6. Severability. Should any part, term or provision of this MOA be decided by a final judgment of a court of competent jurisdiction to be illegal or in conflict with any law of the State -4- 10 5 • of California, or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms and provisions shall not be affected. 7. Effective Date. This MOA shall take effect upon its execution by the Chair or Mayor and Clerks of the governing bodies of all current IWMA members and at least three community. service districts or sanitation districts that provide solid waste handling services or implement source reduction and recycling programs, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This MOA may be executed in counterparts which together shall constitute a single agreement. 8. Amendment of JPA. Execution of this MOA by all of the member jurisdictions of the JPA shall constitute an amendment of the JPA with regard to inclusion of special districts for • representation on the IWMA. All other terms and conditions of the JPA shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the date and year hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: -s- 106 CITY OF ATASCADERO • By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF GROVER BEACH By: Date: Mayor • Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: • -6- 107 CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF PISMO BEACH By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: -7- 108 CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: COUNTY OF SAN LUIS OBISPO By: Date: • Chairperson Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Deputy County Counsel Dated: 109 -8- • HERITAGE RANCH COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: SAN MIGUEL COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -9- 110 NIPOMO CONEgUNITY SERVICES DISTRICT • By: Date: Chair Resolution No. ' Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: SAN NUGUEL SANITARY DISTRICT By: Date: • Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -10- - 111 CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: CAMBRIA COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: 112 CAYUCOS SANITARY DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: OCEANO CONDAUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -12- 113 TEMPLETON CONMJNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: LOS OSOS CONOAUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: 7423ktagr.wpd PIWMA -13- 114 ITEM NUMBER: B-1 oil a; ! DATE: 04/10/2001 • M iaia ® 197e Atascadero City Council Staff Report— Community Development Department Eagle Creek Golf Course Planned Development Amendment and 4-Lot Tract Map Zone Change 2000-0009, Master Plan Of Development (CUP) 2000-0025, Tentative Tract Map 2000-0004 13000 Atascadero Road / Gearhart RECOMMENDATIONS: Planning Commission recommends Council: 1. Adopt the draft Resolution certifying proposed Mitigated Negative Declaration 2001- 003; and, , 2. Introduce for first reading by title only the draft Ordinance approving Zone Change 2000- 0009; and, 3. Adopt the draft Resolution approving the amendment of the Master Plan of Development for PD-8 (CUP 2000-0025) subject to Conditions of Approval; and, 4. Adopt the draft Resolution approving Tentative Tract Map 2000-0004 subject to Conditions of Approval. REPORT-IN-BRIEF: The proposed project consists of an application from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) applicant and property owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1± acres from L / PD-8 (FH) (Recreation) to LS/ PD-8 (FH) (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025),and a tentative tract map to subdivide 6.1± acres into four lots ranging in area from 1.5± to 1.6± acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain. • 11JA ITEM NUMBER: B-1 DATE: 04/10/2001 i 1. Applicant: Kelly Gearhart, 6205 Alcantara Lane, Atascadero, CA 93423 (712-5655) 2. Representative: Ken Wilson, Wilson Land Surveys 3. Project Address: 13000 Atascadero Road APN 045-391-015, 016 4. General Plan Designation: REC (Recreation) 5. Zoning District: L (Recreation) 6. Site Area: 6.1f acres 7. Existing Use: Golf Course Driving Range 8. Environmental Status: Proposed Mitigated Negative Declaration 2001-0003 Posted January 26, 2001 DISCUSSION: • Background This item was heard by the Planning Commission on February 20, 2001 (minutes are • attached). During the public hearing a number of neighbors spoke in favor the driving range lights being removed as part of the project. After deliberations, the Planning Commission moved to recommend the project to the City Council on a 7-0 vote. The following project analysis is based on the Planning Commission Staff Report. Following the Planning Commission hearing, staff was contacted by the California Regional Water Quality Control Board (RWQCB). The RWQCB did not respond to the proposed Mitigated Negative Declaration within the 20-day review period as required by the California Environmental Quality Act. The RWQCB requested an extension of the review period and additional project information to assess the project's potential water quality impacts. Staff agreed to extend the review period to March 14, 2001 accommodating the RWQCB request. The City received an official response dated March 13, 2001 that requested addition project information and new soils borings to determine winter groundwater depths. The project applicant submitted all of the requested information the RWQCB in, a timely manner. Included in the response was a modified "shallow conventional" septic system design that would maintain a 5-foot vertical separation from the winter ground water level. In conversations with the RWQCB staff, City staff has been told that this design meets the requirements of the Basin Plan. A confirming letter from RWQCB was promised prior to issuance of this staff report, but was not received. Staff will forward any correspondence to the Council from the RWQCB when it is received. It is staff s understanding that the proposed septic system design will be consistent with the Basin Plan requirements and therefore not have a significant impact on ground water quality. 125 ITEM NUMBER: B-1 DATE: 04/10/2001 Analysis ofPlanning Issues 1. Project Summary/PD-8 Amendment Planned Development Overlay Zone No. 8 was created for the Eagle Creek Golf Course and housing project. The completed project consists of twelve single-family residences, a nine- hole golf course with a club house and lighted driving range which are part of the current Master Plan of Development. A Master Plan of Development is required to indicate all site development features and architectural design standards for the project. The Master Plan of Development is approved or amended in the form of a Conditional Use Permit as required by the Zoning Ordinance. The applicant is requesting to change the Master Plan of Development by replacing the lighted driving range with four single-family residential dwellings. Currently the area of the driving range is zone L (Recreation) which does not allow residential uses. Included in the application is a request to rezone the site to LS (Special Recreation) which does allow single- family residential uses on 1.5 acre minimum lots. Because both the L and LS zones are consistent with the General Plan's Recreation designation, a General Plan amendment is not required for the project. The Tentative Tract Map is part of the project and would create four single-family residential lots ranging in size from 1.5 to 1.6 acres. 2. Driving Range Impacts The current Master Plan of Development allows a lighted, outdoor driving range on the south side of the project facing US 101. Staff s opinion is that the driving range floodlights are not consistent with the City lighting standards. Since installation, the City has pursued various means to bring the lights into conformance with City standards. Due to the orientation of the driving range, the lights shine onto Highway 101 and neighboring residences. Although the glare from the lights has been improved, the driving range lights continue to create an incompatibility with the darkness of the surrounding neighborhood district. The applicant claims that one of the benefits of the project would be the permanent elimination of the floodlights and the majority of the driving range which would be replaced by single-family dwellings. Staff agrees that the project would have the benefit of replacing the driving range with a use that would be more compatible with the surrounding neighborhood. One of the purposes of the LS zoning district is to allow residential uses in areas that are not suitable for intensive recreational uses. Since the driving range has been determined to be incompatible with the surrounding neighborhood, a rezoning to allow for residential uses could be determined to be consistent with the General Plan and Zoning Ordinance. Staff is recommending conditions on the Master Plan of Development that would require the current driving range and all lights to be removed prior to recording the final map. The driving range would be reconfigured into a small day use only facility with landscape screening. 5 V ITEM NUMBER: B—1 D Fire Department turn �,.• II.. �: around OO�NP / `— n/II � li' •ii:•i:•rl Proposed four single- "- family residences 6&^ \\\ �••,, ., I; 6! Exiting Golf Course \\ N >,,J \I t 11s 1�- •y1 \ �,;:•;:•�,•:;\\ill -I /� ��ik I/ -I�i \\\\\ !y 'E 1� I III 1 `�\ '\i>;'•; ' :; •:.;;.� i;:•'::: ". �. -'ms's: �`J IST ��; � a _ 1,�_ 'moi lj y—/I I^::•/.` ISI::,:i+c�7:__r�G��1���!/ � 1 \` v � .. �� ��..;E.;.. ,\ ;'a�RC_+t11��---��•i - _ Reconfigured day use driving range with no lights \ 1��—� p.\'• i r� I111— B — I � Ip ►-�n\aaov'i���i�e.���� j'� � I. �N I I \�.�V +I ! I I _ "`s��tf�t`\ II ��h r ` •00 _ c Atascadero Road I.� -�! ----li I'll A ' 1111 a 3. Flood Plain The project site is located in an area identified as the 100-year flood plain. Flood plains are mapped by the Federal Emergency Management Agency (FEMA) and identify areas that are subject to flooding at various intervals. The 100-year flood plain has a 1% statistical likelihood of being flooded during any year, or once every 100-years. The City Zoning map identifies the site as a Flood Hazard zone that requires special design requirements. The applicant's engineer has designed the project to meet the City's standards for construction within the 100-year flood plain to the satisfaction of the City Engineer. All the building pads will be constructed to be located 1-foot above the 100-year flood elevation. The applicant has calculated that the required fills will not affect the overall flood plain elevation and therefore will not increase flooding in other areas. 1 l "l ITEM NUMBER: B—1 DATE: 04/10/2001 The Mitigated Negative Declaration identified flooding as a potentially significant impact. Mitigation measures that reduce this impact to a level of less than significant are included in the conditions for both the Master Plan of Development and Tentative Tract Map. ■ All site construction shall occur consistent with the findings of the 11/27/00 Tract 2415 Flood Hazard Analysis prepared by R Thompson Consulting. ■ All residential dwellings shall be constructed a minimum of 1- foot above the 100-year flood plain. Certified pad elevations shall be submitted to the Building Department for approval prior to the issuance of building permits. ■ The construction of the Atascadero Road bridge shall incorporate a clear span structure with flared head walls that can accommodate the 100-year floodway. The bottom cord of the bridge shall be constructed at or above the 100-year water surface. ` V f RS IlliliilillllBllli n l l l l l l l l l 111111116111111 IIIIIIIIillllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II III IIAi111111I�NilIIiilllil111111111111 IIIIIIIIIIIIIIIIflIIIIIIIIIIIIIIIIIIIIIII Iilllllliill Ililllllllll 11 IIIIIIIIIIIII ga` nnonnnnnnnuminnnnonn a°`9 �. '1I11Ifi16ulNllll1111111111111111BPIV Un' corporate nonnnnnnm onnnnu nano I IIIIuAjjIIII11111iIIN11111111111IIlllllli IIIINNI11111111111111111111111111111111111 Pia De IIIII IIIIIIIIIIIIIIIIIIIIIIII„„IIIIIIIIII: ' IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIIIiI lilliltlli�lllllllllllll: Project site hh1111hIIII R nInIInIInnnnnlnn�IhnInnIInlIln1In1Iun111un1h1nn1I1111111, SF- ulSF- nit u1 ni11mlillnlo1llunMIM! l '.. n nunminmm�nnnnnur it .Ilnumtnmunm it "'��II!IIIIIiII`i i I D .. jpfi'p IIIIfl1111111iImIIlliiillillfl'._ll..I.I_II.IIIuIInIIInIlIIiInIuIIImIlIIII.II.InI.IIII L,. . 100-year flood plain 111111111111111111111111 IIIIIIIIIIIIIAIIIIIIiiiliilll�Illllllllllllllllillliw: uAfililllll 1111111IIIII IIIII ' IIIIINIIIIIIIIIIIIIIIIIIIIIIIIIII iIIIIII111i1111111111111U' � IIIIIIIIIIIIIIIIIIIII IIIIII011111111111111111111111111111111111111111:. IIIIIIIIIIIIIIIIIIIII illiiliilfilllllllliiillllllllllllllllllllll IIIIIIIilillllllllll illilillllllilllilllllliiiiiillllllll 111111 illllllllllll IIIIIIIf i in,illipplili illilllll IIIIIIIIIIilliliilil IIIIIIIillilif 1111111 IIIIIIIIIIIIIIIIIIIIii IlYiillilllllllllllll Iillillllll 11III'I'�Iuli II111111 `�IIVI II ''''II' II co orated e\ - . 4. Creeks and Water Quality The project is located outside the City's Urban Services Line where sewer service is not available. Consequently, each unit will be required to have a septic system. Due to the proximity of the project to "blue line” creeks and the flood plain the special design considerations will be required for the septic systems. The Regional Water Quality Control Board (RWQCB) requires a 100-foot setback of all septic leach fields from blue line creeks, and that the systems be 5-feet above the winter groundwater level. The Master Plan of 113 ITEM NUMBER: B-1 DATE: 04/10/2001 Development does indicate a proposed location of the septic systems for each lot that would meet this standard. The project is conditioned that the City Engineer review and approve all of the septic systems for compatibility with the RWQCB standards. The following exhibit indicates the proposed septic system design for the project. ��t•4 i `-1` -— - `` "*MUM awrowlaw seas M 1 t INVAMW LA10ws orsupor ru A�IBM#nom �.a aarKM rr► -- os�a�a�o — ��rRvmO rw 5. Lot Configuration and Use The LS zone requires a minimum 1.5-acre lot area for residential uses. The applicant is proposing that portions of each lot be located within the existing golf course, which was allowed with the existing 12-unit subdivision. Each lot would have a ''/2 acre useable yard and building site, but the remaining 1-acre of the lot would be included in the golf course. The applicant is proposing that easement deeds be recorded for each lot that would address the use, maintenance and liability of the golf course crossing a private lot. Staff has included the easement deeds as a condition of the Final Map. 6. Design and Appearance The Master Plan of Development will control site design and appearance issues including landscaping and architecture. The project has been designed with single story residential units that incorporate materials, colors and floor plans consistent with the existing houses within the project. Staff is recommending that front and rear yard landscaping be required for each lot due the visibility of the site from US 101 and the golf course. Proposed Environmental Determination Staff has prepared an initial study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, the Planning Commission found that the project does not have the potential to create any significant environmental impacts when mitigation measures are included. A proposed Mitigated Negative Declaration has been prepared and posted for the project. The Planning Commission is recommending the Council adopt the proposed Mitigated Negative Declaration. The RWQCB's issues with the design of the septic systems have been addressed by the applicant. Based on this redesign, it is staffs understanding that the RWCQB does not oppose the certification of the proposed mitigated negative declaration with the redesign incorporated as mitigation. Conclusion • The project has a number of flooding and water quality issues that have been addressed with engineering solutions. 119 ITEM NUMBER: B-1 DATE: 04/10/2001 • Permanently removing the driving range lights appears to be community benefit that would justify the rezone. • It appears that all of the required findings for project approval can be made. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ALTERNATIVES 1. The Council may approve the project with modifications. 2. The Council may deny the proposed amendments and the subdivision map. 3. The Council may refer the item back to staff for additional analysis or modification. Direction on specific information or changes should be given to staff and the applicant. ATTACHMENTS: 1. Attachment 1: General Plan, Zoning and Location 2. Attachment 2: Draft Resolution 1: Certification of Mitigated Negative Declaration 2001-003 3. Attachment 3: Draft Ordinance: Zone Change 2000-0009 4. Attachment 4: Draft Resolution 2: Approved Amendment of Master Plan of Development PD-8 (CUP 2000-0025) 5. Attachment 5: Draft Resolution 3: Approval of Tentative Tract Map 2000- 0004 6. Attachment 6: Draft Resolution 4: Project Denial 7. Attachment 7: Draft Planning Commission Minutes 120 ITEM NUMBER: B-1 DATE: 4-10-01 Attachment 1: General Plan,Zoning and Location ZCH 2000-00091 CUP 2000-0025/TTM 2000-0004 SS E F r a r Paloma Creek r nin o ra Project Site GP: REC Zoning: : (Recreation) Unicr a no e Atascadero City Limits 121 Attachment 2: Draft Resolution 1 Certification of Mitigated Negative Declaration 2001-003 ZCH 2000-0009/CUP 2000-0025/TTM 2000-0004 DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO CITY COUNCIL CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2001-003 PREPARED FOR ZONE CHANGE 2000-0009, CONDITIONAL USE PERMIT 2000- 0025 AND TENTATIVE TRACT MAP 2000-0004 FOR APN 045-391-015, 016 (13000 Atascadero Road/ Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1 acres from L (Recreation) to LS (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025), and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider the proposed environmental determination and recommended certification to the City Council; and, WHEREAS, the Atascadero City Council held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider the proposed environmental determination and Planning Commission recommendation; and, NOW, THEREFORE, the Atascadero City Council, at a public hearing held on Tuesday, April 10, 2001, hereby resolves to certify Proposed Mitigated Negative Declaration 2001-003 based on the following Findings and shown on Exhibit A: 1. The proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 122 Draft Resolution April 10,2001 Page 2 of 4 2. The proposed Mitigated Negative Declaration was presented to the City Council, and the information contained therein was considered, prior to action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: 0 NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 123 Draft Resolution April 10,2001 Page 3 of 4 Exhibit A Proposed Mitigated Negative Declaration ZCH 2000-0009/CUP 2000-0025/TTM 2000-0004 PROPOSED MITIGATED NEGATIVE DECLARATION #2001-003 6500 Palma Avenue Atascadero,CA 93422 805/461-5035 APPLICANT: Kelly Gearhart 6205 Alcantara Ln. Atascadero,CA 93423 PROJECT TITLE: Eagle Creek Golf Course Planned Development Amendment and 4-lot Tract Map (ZCH 2000-0009, CUP 2000-0025, TTM 2000-0004) PROJECT LOCATION: 13000 Atascadero Road,Atascadero, CA 93422 San Luis Obispo County APN 045-391-015, 016 PROJECT DESCRIPTION: The proposed project consists of a Zone Change(ZCH 2000-0009) of 6.1 acres from L (Recreation)to LS(Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences, and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres. The proposed project is located within the 100 year flood plain. FINDINGS: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 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 cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings,and the information contained in the initial study 2001-003 (made a part hereof by reference 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 when the following proposed mitigation measures are incorporated into the project. PREPARED BY: Warren Frace, Planning Services Manager DATE POSTED: January 26,2001 PUBLIC REVIEW ENDS: February 15,2001 124 Draft Resolution April 10,2001 Page 4 of 4 SUMMARY OF MITIGATION MEASURES: The following mitigation measures will be incorporated into the project's conditions of approval to insure each mitigation is implemented and monitored. 3.b.1. The project shall comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10) as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage,preferably in the late moming and after work is finished for the day. B. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e. greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting,or other methods in advance by the APCD. H. All roadways,driveways,sidewalks,etc.to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. L On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day,using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. 8.a.1. All septic system leach fields and 100%replacement areas shall be located a minimum of 100-feet from blue line creeks. 8.a.2. All septic system leach fields and 100%replacement areas will be located on area outside the 100-year flood plain and above the elevation of the 10 year.flood even 5-feet above the winter ground water level as determined March 2001. 8.d.1. All site construction shall occur consistent with the findings of the 11/27/00 Tract 2415 Flood Hazard Analysis prepared by R Thompson Consulting. 8.d.2. All residential dwellings shall be constructed a minimum of 1-foot above the 100-year flood plain. Certified pad elevations shall be submitted to the Building Department for approval prior to the issuance of building permits. 8.d.3. The construction of the Atascadero Road bridge shall incorporate a clear span structure with flared head walls that can accommodate the 100-year floodway. The bottom cord of the bridge shall be constructed at or above the 100- year water surface. 9.b.1. The tentative map and master plan of development approval shall not become effective until the final approval date of the ordinance that enacts the required Zoning Map amendment. 125 Attachment 3: Draft Ordinance Approval of Zone Change 2000-0009 ZCH 2000-0009/CUP 2000-0025/TTM 2000-0004 DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO AUTHORIZING ZONE CHANGE 2000-0009 THEREBY AMENDING THE ZONING MAP DISTRICT OF A PORTION OF APN 045-391-015 AND 016 FROM "L /PD-8 (FH)" (RECREATION) TO "LS /PD-8 (FH)" (SPECIAL RECREATION WITH A PD-8 AND FLOOD HAZARD OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (13 000 Atascadero Road/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1 acres from L (Recreation) to LS (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025), and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain; and, WHEREAS, the site's General Plan Designation is REC (Recreation) which allows both an"L" (Recreation) and "LS" (Special Recreation) as consistent zoning districts; and, WHEREAS, the site's current zoning district is "L /PD-8 (FH)" (Recreation); and, WHEREAS, the City Council has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, February 20, 2001, considered Zone Change 2000-0009, 126 Draft Ordinance April 10,2001 Page 2 of 4 after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and recommended approval to the City Council, and, WHEREAS,the Atascadero City Council, at a duly noticed Public Hearing.held on Tuesday,April 10, 2001, considered Zone Change 2000-0009, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, NOW, THEREFORE,the City Council does ordain as follows: Section 1. Findings for approval of zoning map change. 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. The zone change will not, in itself, result in significant environmental impacts. The Negative Declaration prepared for the zone change and for the project has been certified as adequate, in accordance with California environmental laws. Section 2. Zone map change. The Official Zoning Map of the City of Atascadero on file in the Community Development Department is hereby amended as shown on the attached Exhibit A, which is made part of this ordinance by reference. Section 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. 127 Draft Ordinance April 10,2001 Page 3 of 4 On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor . Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 128 Draft Ordinance April 10,2001 Page 4 of 4 Exhibit A:Zone Change Map ZCH 2000-0009 RS Un' corporated Pia Dev Proposed Zone change F�isting Zoning"L/PD-8(FH)" (Recreation with PD-8 and Flood Hazard Overlay) SF- Proposed Zoning"LS/PD-8(FH)(Special Receation with PD-8 and Flood Hazard Overlay) + e a m r'0 RS Uni co orated n 123 Attachment 4: Draft Resolution 2 Amendment of Master Plan of Development PD-8(CUP 2000-0025) ZCH 2000-0009/CUP 2000-0025/TTM 2000-0004 DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE AMENDMENT OF THE MASTER PLAN OF DEVELOPMENT (CUP 2000-0025) FOR THE PD-8 OVERLAY ZONING DISTRICT. (13 000 Atascadero Road/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1 acres from L (Recreation) to LS (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025), and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain; and, WHEREAS, the site's General Plan Designation is REC (Recreation); and, WHEREAS, the site's current zoning district is "L /PD-8 (FH)"; and, WHEREAS, the Planning Commission has recommended that a site be rezoned to "L /PD-8 (FH)" which allows single family residential uses in conjunction with a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan of Development Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 20, 2001, studied and considered the Master Plan of Development (CUP 2000-0025), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and recommended approval to the City Council; and , 130 Draft Resolution April 10,2001 Page 2 of 11 WHEREAS,the Atascadero City Council, at a duly noticed Public Hearing held on April 10, 2001, studied and considered the Master Plan of Development (CUP 2000-0025), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and , NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval for Amendment of the Master Plan of Development. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-8 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case,be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on April 10, 2001 resolved to approve the amendment of the Master Plan of Development (CUP 2000-0025) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: PD-8 Master Plan of Development: Overall Site Plan 3. EXHIBIT C: PD-8 Master Plan of Development: Detailed Site Plan 4. EXHIBIT D: Colors and Materials 5. EXHIBIT E: Typical Elevations and Typical Floor Plans 131 Draft Resolution April 10,2001 Page 3 of 11 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor isAttest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 13 2) Draft Resolution April 10,2001 Page 4 of 11 EXHIBIT A: Conditions of Approval PD-8 Master Plan of Development Amendment(CUP 2000-0025) Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Map Eagle Creek Golf Course/PD-8 m'Fns g GP:Grading Permit PS:Planning Services gS:Building Services Master Plan of Development Amendment BP:Bulling Penh FD:Buil Department TO:Tal Inspection Occupancy PD:Police Department CUP 2000-0025 FI:Final Irspec6on CE City Engineer PI:Public Improvements WW:Wastewater CA City Attorney AMWC:Atascadem Mutual Water Company Planning Services 1. The approval of this Master Plan of Development shall On going PS become final and effective following the end of the referendum period for zone change 2000-0009(Rezone to LS/PD-8(FH)). 2. Approval of this Master Plan of Development Amendment On going PS shall be valid concurrently with the life of Tentative Tract Map 2000-0004 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. The Community Development Department shall have the On going PS authority to approve minor changes to the project the(1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance,and/or(3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Tentative Maps and construction permits On going PS shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations,finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit D and E. Each of the four houses shall have a unique appearance. 6. All site work,grading,site improvements,building pads and GP/BP PS septic leach fields shall be consistent with the Master Plan of Development as shown in Exhibit C. 7. All site development shall be consistent with the maximum BP PS intensities described in the statistical project summary as shown on Exhibit C. 0 8. A final landscape and irrigation plan shall be approved prior BP PS to the issuance of building permits for any unit. The 133 Draft Resolution April 10,2001 Page 5 of 11 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure ap Eagle Creek Golf Course/PD-8 GP:GG'rradiding Permit PS:Planning Services BP:BuildingPernrt BS:Building Services Master Plan of Development Amendment TO: Ternp aryCauparcy FD:FireDeparttrnent CUP 2000-0025 Fl:Final Inspection PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascedero Mutual WaterConpany landscape plan shall include front and rear yard landscaping with the location,variety and container size of all plant material. Site landscaping shall be consistent with the following: a) All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. b) Building foundations and fence lines fronting public streets or the freeway shall have a continuous shrub hedge planting treatment or similar buffering treatment. 9. All design and location of all yard fences and golf course BP/Fl PS screens shall be consistent with the Master Plan of Development. All fencing shall be installed in conjunction with each house. Fencing along the golf course shall be transparent and decorative and shall not conflict with the creek banks or drainage pattems. 10. Prior to recordation of the Final Map or the issuance of BP PS building permits for single family dwellings. The existing driving range,lights,fencing and associated improvements located on parcel 1,2,3 and 4 shall be removed. 11. The driving range shall be reconstructed consistent with the FM PS location indicated on the Master Plan of Development. All existing lighting shall be removed and the facility will be for day use only. The perimeter of the driving range shall be screened with large trees and shrubs. 12. Protective fencing shall be installed along the creek banks GP/BP PS during construction phases. 13. The project shall comply with all applicable District GP PS 3.b.1 regulations pertaining to the control of fugitive dust(PM- 10) as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: a) All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b) All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e. greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. 134 Draft Resolution April 10,2001 Page 6 of 11 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 FR.FinallMap g GP:Grading Pemvt PS:Planning Sen*m Master Plan of Development Amendment BP:Budding Permit BS:Building services CUP 2000-0025 TO:T al lnsp ry occrgavy PD:Police De artrneD:Fire nt nt Fl:Final Inspection P PI:Public Improvements CE:City Engineer WW:Wastewater CA.City Atmmey AMWC:Atascadem MulualWalerCon wy c) All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d) The area disturbed by clearing, grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. e) Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. g) All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting,or other methods in advance by the APCD. h) All roadways, driveways, sidewalks, etc.to be paved shall be completed as soon as possible. In addition, 0 structural foundations shall be completed as soon as possible following building pad construction. i) On-site vehicle speed shall be limited to 15 mph for any unpaved surface. j) All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. k) Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 1) Wheel washers may be required when significant offsite import or export of fill is involved. 14. All septic system leach fields and 100%replacement areas BP PS 8.a.1. shall be located a minimum of 100-feet from blue line creeks. 15. All septic system leach fields and 100%replacement areas BP PS 8.a.2. will be located on area outside the 100-year flood plain and above the elevatiOR 9f the 10 yeaF fleed event 5-feet above the winter ground water level as determined March 2001. 16. All site construction shall occur consistent with the findings BP PS 8.d.1. of the 11/27/00 Tract 2415 Flood Hazard Analysis prepared CE by R Thompson Consulting. 17. All residential dwellings shall be constructed a minimum of BP PS 8.d.2. 1-foot above the 100-year flood plain. Certified pad BS elevations shall be submitted to the Building Department for CE approval prior to the issuance of building permits. 13a Draft Resolution April 10,2001 Page 7 of 11 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 GGP::PFGradiduggPenrot PS:Planning Services Master Plan of Development Amendment BP:Building Penrit BS:Building Servim TO:Temporary Occupancy FD:Fie Department CUP 2000-0025 Fl:Final Inspection PD:Police Departinent PI:Public Improven>ents CE:City Engineer W.Wastewater CA.City Momey AMWC:Alascadero Mutual WaW Conpany 18. The construction of the Atascadero Road bridge shall PI PS 8.d.3. incorporate a clear span structure with flared head walls that CE can accommodate the 100-year floodway. The bottom cord of the bridge shall be constructed at or above the 100-year water surface. 19. The tentative map and master plan of development approval On going PS 9.b.1. shall not become effective until the final approval date of the ordinance that enacts the required Zoning Map amendment. Fire Department 20. All dwellings shall have lighted address signs. PI FM 136 Draft Resolution April 10,2001 Page 8 of 11 EXHIBIT B: PD-8 Master Plan of Development Overall Site Plan CUP 2000-0025 0 �s k � Q L V 7 &-� $ R US NYS 101 t•= t• 0 i a g N AY " 137 Draft Resolution April 10,2001 Page 9 of 11 EXHIBIT C: PD-8 Master Plan of Development Detailed Site Plan CUP 2000-0025 Wi Z d I IY! ! x b 1 Ic i Gaza YYYY !4{ c I !i 1 �f 3333 1 �j )t.. \�•l1Py ��I..�♦��-I 1 I Il) 11 1'I I I�-- , / /Li` Iltf 1 :•t1<';:�;:�f• •e 11 \�I F I I I , � {� �! i A jf rga \\\\`\\\\�\\\�� l\.;,..:; _•�• I 1 •;,i',;�:•:..i' / / ,+: �,+,y, \mac! � 1\I 1 <t Cil " "is�=y� �'.•.. :•.•• ) 1j••• III_—__ _ r: I - • � ��� "' 1 1:�—� �':::•.•���� �i �III g _ I �I 1�1 U\\ I 1—_--=;—•---�a il��l r it 138 Draft Resolution April 10,2001 Page 10 of 11 EXHIBIT D:Colors and Materials PD-8 Master Plan of Development CUP 2000-0025 From traditional Tudor to a contemporary glass and stone,these versatile flat tiles add symmetry — and style to any home design.The perfect choice for those who seek a distinctive upscale look--simple, � sleek and sophisticated. X 40 DOVE GREY 139 Draft Resolution April 10,2001 Page 11 of 11 EXHIBIT E:Typical Elevations and Typical Floor Plans YP Yp PD-8 Master Plan of Development CUP 2000-0025 < �.....-.- W.... ... - _ .. PEABODY B PLUM REALMRS,IAC. PAr/O O PAT/O OFFICE' MASTER eA. FAM/LY MASTER CINJNG ROOM BEO4M. v KITCHEN cc - 2 E L/V/NG BEDRM - BEG•4M. ROOM 3 2 3 CAR GARAGE PLAN 2206-GR LoVeREO PORCH { ��t�ar �a i�'�f •;#e u i��iiiN � ..a, 1i111i� u■■rs PEABODY a PLUM R A4rORS.INC. ATASY,AOE.RO,CA. -...r PATIO r14 BATH FAMILY ROOM J LYNlNG w /' `" � p MASTER s. KITCHEN Pd BEDRM t�:„:1�' 1 ROOMIF-WRY ROOM 3 CAR GARAGEBECRM BECRM 2 PLAN 220E-cL 140 Attachment 5: Draft Resolution 3 Approval of Tentative Tract Map 2000-0004 ZCH 2000-0009/CUP 2000-0025/TTM 2000-0004 DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2000-0004 THEREBY ALLOWING A 4-LOT RESIDENTIAL SUBDIVISION OF APN 045391-015 AND 016 CONSISTENT WITH THE PD-8 MASTER PLAN OF DEVELOPMENT (CUP 2000-0025). (13 000 Atascadero Road/ Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1 acres from L (Recreation) to LS (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025), and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain; and, WHEREAS, the sites General Plan Designation is REC (Recreation); and, WHEREAS, the site's current zoning district is "L/PD-8 (FH)"; and, WHEREAS, the Planning Commission has recommended that a site be rezoned to "L /PD-8 (FH)" which allows single family residential uses in conjunction with a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 20, 2001, studied and considered Tentative Tract Map 2000-0004, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and recommended approval to the City Council; and, 141 Draft Resolution April 10,2001 Page 2 of 13 WHEREAS,the Atascadero City Council, at a duly noticed Public Hearing held on April 10, studied and considered Tentative Tract Map 2000-0004, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW,THEREFORE, the City Council takes the following actions: Section One. Findings of Approval for Tentative Parcel Map, the Atascadero City Council finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District#8 Master Plan of Development (CUP 2000-0025). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision 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 alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on April 10, 2001 resolved approve Tentative Tract Map (TTM 2000-0004) subject to the following: 1. Exhibit A: Tentative Tract Map 2000-0004 Boundary Map 2. Exhibit A-1: Tentative Tract Map 2000-0004 3. Exhibit B: Conditions of Approval 4. Exhibit C: Flood Plain Analysis 5. Exhibit D: Septic System Design 142 Draft Resolution April 10,2001 Page 3 of 13 On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 143 Draft Resolution April 10,2001 Page 4 of 13 Exhibit A:Tentative Tract Map Boundary Map TTM 2000-0004 Of b$ Rdt 0 e m F ra €a 1t 91 e 7 vAi I � o us�IWVJAY 101 Y p sYY ' � 3 9 \ ♦a7� � a � let- 144 144 Draft Resolution April 10,2001 Page 5 of 13 Exhibit A-1:Tentative Tract Map TTM 2000-0004 E Eggs YYYY 11 fill i � It Ir GItCt oY YYYYY p t 00 XX Y 11 \�,�► �•�s/i., 1 .—�_—C � Ili � ( ! Ei \\\ \\\\ \\\\ 1 1:�:+: :.:. •;:+'�( Y"� �l •:'N::� �� X11 i l 1 XN 00 �iii ll♦ J � �� I/�-���' .�1 \ �__ / 1 / � �'� e ^^^'1���•• ;•^:�'/yii` 1111� s�-\\\ I \� �'' ! e�l - �.1'��_- T.� ::i:•::T:7.:. ;�� ,>�,>�G%�.:: !III_-- _ � q ! • � ip° _3_ =sem~iii♦ II f I �1¢ 14� Draft Resolution April 10,2001 Page 6 of 13 Exhibit B: Conditions of Approval Tentative Tract Map 2000-0004 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure FIVI:Finap Eagle Creek Golf Course/PD-8 GGrradidingPPennit PS:Planning Services Tentative Tract Map 2000-0004 BP:Budding Pemrt BS:Budding Services TO:Temporary Occupancy FD:Fire Department FI:Final Inspecton PD:Police Departrnent PI:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMC:Atascadero Mutual Water Company Planning Services 1. The approval of this Tentative Tract Map shall become final On going PS and effective only following the end of the referendum period for zone change 2000-0009(Rezone to LS/PD-8(FH)). 2. Approval of this Tentative Parcel Map shall be valid for On going PS twenty-four(24)months after its effective date. At the end of the period,the approval shall expire and become null and void unless a final map has been filed or a time extension granted. 3. The form of the Final Tract Map shall substantially conform On going PS with the approved Tentative Parcel Map shown in Exhibit A. 4. All subsequent Tentative Maps and construction permits On going PS shall be consistent with the Master Plan of Development contained herein. 5. Concurrently with recordation of the final map,the applicant FM PS shall an open space and public use easement deed across CE the golf course portion of each lot. The easement deed shall CA identify access rights, maintenance and liability responsibilities. The form of the easement shall be approved by the City Engineer and City Attorney prior to recordation. 6. Prior to recordation of the Final Map or the issuance of FM PS building permits for single family dwellings. The existing driving range, lights,fencing and associated improvements located on parcel 1,2,3 and 4 shall be removed. Mitigation Measures 7. A streambed alteration permit shall be obtained for all site PI PS grading and the bridge crossing proposed for Atascadero Road. 8. Protective fencing shall be installed along the creek banks PI PS during construction phases. 0 9. The project shall comply with all applicable District GP PS 3.b.1 regulations pertaining to the control of fugitive dust(PM- 10) as contained in section 6.4 of Air Quality Handbook. 146 Draft Resolution April 10,2001 Page 7 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 FM:FinagMap g GP.Grading Pen-rd PS:Planning Services Tentative Tract Map 2000-0004 BP:Building Permit BS:Bufldng Services TO.Temporary Occupancy FD:Fire Department FI:Final Inspection PD:Police Department PI:Public Improvements CE City Engineer WW:Wastewater CA City Attorney AMWC:Atascadem Mutual Water Company All site grading and demolition plans notes shall list the following regulations: a) All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b) All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e. greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. c) All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d) The area disturbed by clearing, grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. e) Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. g) All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting,or other methods in advance by the APCD. h) All roadways, driveways, sidewalks, etc.to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i) On-site vehicle speed shall be limited to 15 mph for any unpaved surface. j) All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. k) Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 1) Wheel washers may be required when significant offsite import or export of fill is involved. 10. All septic system leach fields and 100%replacement areas BP PS 8.a.1. shall be located a minimum of 100-feet from blue line creeks. 11. All septic system leach fields and 100%replacement areas BP PS 8.a.2. will be located on area outside the 100-year flood plain and 147 Draft Resolution April 10,2001 Page 8 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 FM:Rnall Map Ps:ManningServices Tentative Tract Map 2000-0004 P.Budding Pemit BS:Building Services TO:Temporary Occupancy FD:fire Departrnent FI:Final Inspection PD:Police Depafiient PI:Public Improvernents CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company 5-feet above the winter ground water level as determined March 2001. 12. All site construction shall occur consistent with the findings BP PS 8.d.1. of the 11/27/00 Tract 2415 Flood Hazard Analysis prepared CE by R Thompson Consulting. 13. All residential dwellings shall be constructed a minimum of BP PS 8,d,2, 1-foot above the 100-year flood plain. Certified pad BS elevations shall be submitted to the Building Department for CE approval prior to the issuance of building permits. 14. The construction of the Atascadero Road bridge shall PI PS 8.d.3. incorporate a clear span structure with flared head walls that CE can accommodate the 100-year floodway. The bottom cord of the bridge shall be constructed at or above the 100-year water surface. 15. The tentative map and master plan of development approval On going PS 9.b.1. shall not become effective until the final approval date of the ordinance that enacts the required Zoning Map amendment. City Engineer Drainage 16. All provisions of Chapter 7-14.001 of Atascadero City FM CE Municipal Code"Flood Damage Prevention"shall be followed in the design and construction of this subdivision.A note to this affect shall be added to the"additional sheet"of the Final Map. 17. Prior to recordation of the final map,the applicant shall FM CE submit percolation tests for all four lot's septic leach fields. The percolation tests shall be accompanied by necessary design calculations to demonstrate that each lot can support a septic system. The City Engineer shall approve the tests and calculations prior to approving the final map. 18. Add an additional sheet to the Final Map, upon which is FM CE delineated the extent and elevations of the 100-year flood plain and floodway per FEMA information and maps.Add notes to the following effect: A.That the future building finish floor elevations will be 1 foot or greater above the 100-year flood elevation. B.That prior to issuance of any building permits,a drainage study,outlining the impacts of said construction on neighboring ro erties,be submitted to the Public Works 143 Draft Resolution April 10,2001 Page 9 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 FM:FinalMap PS:Planning Services GP:Grading Permit n9 Tentative Tract Map 2000-0004 BP:Building Permit BS:Building Services TQ Temporary Occupancy FD:Fire Department FI:Final Inspection PD:Police Department PI:Pubic Improvements CE City Engineer WW:wastewater CA.City Attorney AMWC:Atascadero Mutual Water Convany Department for review and approval by the City Engineer. C.That any additional structures,including fencing,shall not block floodwaters. D.That any driveways or roads will not block or raise the historical 100-year flood elevations upstream of the subdivision. E.That no septic systems will be allowed to be constructed within the 10-year flood plain. Frontage Improvements 19. Either one or the other of the following conditions shall apply PI CE to Atascadero Road frontage. A.Atascadero Road,along property frontage,shall be designed and constructed to meet City Standards.Plans for the improvements shall be submitted for review and approval by the City Engineer. Plans shall be prepared by a registered civil engineer and shall be prepared in conformance with City Standards. R-value testing shall be done,and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer.Plans shall included a turnaround built per Fire Department Standards. B.Abandon Atascadero Road right-of-way while providing private driveway easements for all affected property owners. Submit to the City Engineer for review,approval,and recordation,a road maintenance agreement between all affected property owners.Construct a turnaround built per Fire Department Standards. Standard Conditions: 20. All public improvements shall be constructed in conformance PI CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 21. The applicant shall enter into an Plan Check/Inspection PI CE agreement with the City. 22. A six(6)foot Public Utility Easement(PUE)shall be FM CE provided contiguous to the Atascadero Road property frontage. 149 Draft Resolution April 10,2001 Page 10 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 GP:Gra Grading P PS:Planning Services g GP:Grading Pemtt 9 Tentative Tract Map 2000-0004 BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department FI:Final Inspection PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company 23. The applicant shall be responsible for the relocation and/or PI CE alteration of existing utilities. 24. The applicant shall install all new utilities(water,gas, PI CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 25. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. 26. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 27. All existing and proposed utility,pipeline,open space,or PI CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 28. Prior to recording the parcel map,the applicant shall acquire FM CE title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 29. Prior to recording the parcel map,the applicant shall submit FM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 30. Prior to recording the parcel map,the applicant shall set FM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate,by certificate on the parcel map,that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 31. Prior to recording the parcel map,the applicant shall pay all PFM CE outstanding plan check/inspection fees. 32. Prior to recording the parcel map,the applicant shall have PI CE the map reviewed by all applicable public and private utility companies cable,telephone,gas,electric,Atascadero 150 Draft Resolution April 10,2001 Page 11 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 FM:FinadMap g GP:Grading Pemrt PS:Planning Services Tentative Tract Map 2000-0004 BP:evading Pem;t BS:Buidng Sem TO:Tertporary Occupancy FD:Fire Department FI:Final Inspection PD:Police Depa anent PI:Public Improvements CE City Engineer WW:Wastewater CA City Momey AMC:Atascadero Mulual WaW Cornpany Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 33. Upon recording the final map,the applicant shall provide the FM CE City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 34. Prior to issuance of building permits,the applicant shall PI CE submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 35. Prior to the final inspection,the applicant shall submit a FM CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 36. Prior to the final inspection,the applicant shall submit a FM CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Wastewater Department 37. The proposed septic systems are located within the 100- FM CE year flood plain. The State of California prohibits discharge from new soil absorbing systems in areas subject to inundation from a ten-year flood. The project shall be designed with septic systems located outside of the ten-year flood per the requirements of the RWQCB's Basin Plan.. Fire Department 38. The bridge crossing shall be of a design capacity and width PI FM to accommodate fire department vehicles. 39. A fire hydrant shall be installed at the end of Atascadero PI FM Road in conjunction with subdivision improvements. AMWC 40. All street improvements,bridges and turn arounds shall PI FM comply with Fire Department Standards. Atascadero Mutual Water Company 41. Prior to the recordation of the parcel map,the applicant PI AMWC shall submit plans for extending the 8-inch water main in Atascadero Road. The existing main shall be extended 151 Draft Resolution April 10,2001 Page 12 of 13 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Eagle Creek Golf Course/PD-8 GP:Cxa IrgapPernit PS:Planning Services Tentative Tract Map 2000-0004 BP:Building Pemd BS:Building Services TO,.Temporary occupancy FD:Fire Departrnent FI:Final Inspection PD:Police Departrnent PI:Public Improvements CE City Engineer WW:Wastewater CA.City Attorney AMWC:Atascadero Mutual Water Company from its easterly terminus to the easterly boundary of Parcel 4 or as directed by the Atascadero Mutual Water Company. A fire hydrant assembly shall be installed at the easterly terminus of the water main extension at a location to be approved by the Atascadero Mutual Water Company and the Fire Department. Plans for the water main extension shall be submitted to the Atascadero Mutual Water Company for review and approval. Prior to approval of the water main extension plans by the Atascadero Mutual Water Company,the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company or enter into a Deferred Connection Fee Agreement. 42. Prior to the recordation of the parcel map,the applicant PI AMWC shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 43. All water distribution facilities shall be constructed in PI AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. 152 Draft Resolution April 2,2@ m«13@ S mate Flood Plain Anayi Tentative Tract Map 20-04 z | � � � viol \° �) . ., . � �aE ■ � . • 2� _/ . i | k. <1 b, z / ■ 2 § kzz• K � § ; . 2 � Ce 53 Draft Resolution April 10,2001 Page 14 of 13 Exhibit D:Septic System Design Tentative Tract Map 2000-0004 WWWXnW mews rs�sa oesrtusor se wLL..ops ss smm srsoo vaso V OL — ia�irwrnss� 154 Attachment 6: Draft Resolution PC 2000-x Recommendation to Deny Project DRAFT RESOLUTION X A RESOLUTION OF THE ATASCADERO CITY COUNCIL TO DENY ZONE CHANGE 2000-0009, CONDITIONAL USE PERMIT 2000-0025 AND TENTATIVE TRACT MAP 2000-0004. (13 000 Atascadero Road/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Lane, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2000-0009) of 6.1 acres from L (Recreation) to LS (Special Recreation), amendment of the Master Plan of Development for Planned Development 8 to replace a golf course driving range with four single-family residences (CUP 2000-0025), and tract map to subdivide 6.1 acres into four lots ranging in area from 1.5 to 1.6 acres (TTM 2000-0004). The project is located at 13000 Atascadero Road (APN 045-391-015, 016) and is located within the 100-year flood plain; and, WHEREAS, the site's General Plan Designation is REC Recreation • and g (Recreation); , WHEREAS, the site's current zoning district is "L/PD-8 (FH)"; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 20, 2001, studied and considered the project, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on April 10, 2001, studied and considered the project, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW,THEREFORE,the City Council takes the following actions: - 15 SECTION 1. Findings. The City Council makes the following finding: 1. (Council Must Provide Finding for Denial) SECTION 2. Denial. The Atascadero City Council does hereby deny Zone Change 2000-0009, Conditional Use Permit 2000-0025 and Tentative Tract Map 2000-0004. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Mike Arrambide, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 156 Attachment 7: Draft Planning Commission Meeting Minutes Draft CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting February 20, 2001 — 7:00 P.M. CALL TO ORDER Vice Chairman Eddings called the meeting to order at 7:03 p.m. and Commissioner Fonzi led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to New Planning Commission Member Kevin Blaser and reappointed Members Jeanes and Norton. ROLL CALL: Present: Commissioners Eddings, Bentz, Fonzi Jeanes, Kelley,Norton and Blaser Absent: None Staff: Interim Community and Economic Development Director Warren Frace, Assistant Planner Phil Dunsmore, Associate Engineer Patsy West, City Attorney Ron Hanley and Recording Secretary Grace Pucci. 6. PROJECT DESCRIPTION: ZONE CHANGE 2000-009, CONDITIONAL USE PERMIT 2000-0025, TENTATIVE TRACT MAP 2000-004: EAGLE CREEK GOLF COURSE PLANNED DEVELOPMENT AMENDMENT AND 4-LOT TRACT MAP. The proposed project consists of a Zone Change (ZCH 2000-0009) of 6.1± acres from L / PD-8 (FH) (Recreation), to LS / PD-8 (FH) (Special Recreation), amendment of 157 the Master Plan of Development for Planned Development#8 to replace a golf course driving range with four single-family residences, and tract map to subdivide 6.1± acres into four (4) lots ranging in area from 1.5± to 1.6± acres. The proposed project is located within the 100-year flood plain. The project area has a General Plan Designation of REC and a Zoning District of L (Recreation). The project is located at 13000 Atascadero Road, Atascadero (APN 045-391-015,016.). Applicant: Kelly Gearhart, 6205 Alcantara Ln., Atascadero, CA 93423. PROPOSED ENVIRONMENTAL DETERMINATION: PROPOSED MITIGATED NEGATIVE DECLARATION 2001-003: Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Community Development Department recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project provided the mitigation measures are implemented. The proposed Mitigated Negative Declaration is available for public review from January 26, 2001 through February 20, 2001 at 6500 Palma Avenue, Community Development Department, Room 104-A, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Recommends: 1. Adopt Resolution No. PC 2001-005, recommending that the City Council certify the proposed Mitigated Negative Declaration 2001-003; and, 2. Adopt Resolution No. PC 2001-006, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0009; and, 3. Adopt Resolution No. PC 2001-007, recommending that the City Council approve the amendment of the Master Plan of Development for PD-8 (CUP 2000-0025) subject to Conditions of Approval; and, 4. Adopt Resolution No. PC 2000-008, recommending the City Council approve Tentative Tract Map 2000-004 subject to Conditions of Approval. Interim Community and Economic Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, representing the applicant, addressed the Commission and answered questions. Mr. Thompson indicated that the telephone style poles will be removed and a smaller scale facility would replace the existing one. The driving range would be completely covered and the existing lights would be eliminated. Bill Wilson, 150 Eagle Creek Court, stated that the project will be a credit to the area and he would like to see it done in a timely fashion. Doug Perto, 115 Eagle Creek Court, indicated that he supports the project but expressed concerns with the number of septic tanks in the area and their proximity to the creek, the use of natural gas in the homes, the type of netting used at the facility, how the CC&R's will be enforced and correction of damaged to curbs, etc. from road construction. - 158 Joan O'Keefe, 9985 Old Morro Road, expressed concern regarding the leach fields and the time of year the perk tests were done. Additionally she has concerns with pesticides used on the golf course and their effect on the new homes. Mike Murphy, 9320 Santa Clara Road, has been greatly affected by the lights on the driving range and fully supports this solution to the problem. He would like to see a requirement that the lights be turned off within five days of the zoning change. Bill Walman, 13105 Atascadero Road, stated his support for the project and his concerns regarding drainage. Doug Perto, 115 Eagle Creek, had three additional concerns: Bus stop safety, lack of lighting on the streets and the issues connected with the vast number of squirrels in the area. Bill Wilson, 150 Eagle Creek Court, stated that some septic tank leach lines are on the golf course. Kelly Gearhart, applicant, stated that he prefers to have the houses landscaped completely front and back for the visual impact. The easements on the existing houses were put in place for the maintenance of the slope in their back yards. Homeowners pay property taxes on the area containing the house only, not on the open space areas. Chairman Eddings closed Public Comment. Chairman Eddings inquired about sound mitigation regarding the proposed home closest to the freeway. Mr. Frace stated that the Master Plan of Development locks in a location for the house in question. Additionally, Chairman Eddings inquired about the leach field situation and the City's policy on cease and desist. Mr. Frace responded that the purpose of the Basin Plan is to set uniform standards for the septic systems precluding the need for the City to get into the cease and desist areas. Chairman Eddings asked several additional questions of the applicant and staff. Mr. Frace indicated that the perk tests on this project were done in November. Mr. Gearhart stated that no ground water was encountered to a depth of 15 feet. Mr. Gearhart also stated that in regard to phasing of the project, all four houses will be built at once and damaged curbs will be addressed soon. There is no homeowners association at this time. Mr. Gearhart indicated that pesticides are used only on greens, are applied by qualified individuals and are inspected regularly. Vice Chairman Jeanes stated that she supports the project, but is not in support of conditioning the project to turn the lights off. Chairman Eddings indicated that he would be willing to condition the project to have the lights turned off. Commissioner Kelley suggested that the project be put on the fast track. MOTION: By Commissioner Bentz and seconded by Commissioner Fonzi to adopt Resolution No. PC 2001-005, recommending that the City Council certify the proposed Mitigated Negative Declaration 2001-003; and, adopt Resolution No. PC 2001-006, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0009; and, adopt Resolution No. PC 2001-007, recommending that the City Council approve 0 the amendment of the Master Plan of Development for PD-8 (CUP 2000- 0025) subject to Conditions of Approval; and, adopt Resolution No. PC 2000- - 159 008, recommending the City Council approve Tentative Tract Map 2000-004 subject to Conditions of Approval and subject to conditions proposed by staff. AYES: Commissioners, Bentz, Fonzi, Jeanes, Kelley, Norton, Blaser and Chairman Eddings NOES: None ABSTAIN: None Motion passed 7.0 by a roll-call vote. 10 160